HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/16/2010 s
City Council Meeting
Agenda
November 16, 2010
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• 'N e n rn� Mayor Suzette ••
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' 1, J •1 it*�V n Jamie Perry, Council President
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Councillmembers
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Elizabeth •- •
Ron Harmon
Dennis ••
Deborah Ranniger
Debbie '.• -
WASHINGTON
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KENT CITY COUNCIL AGENDAS
KENT November 17, 2010
WASHING70N Council Chambers
MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President
Elizabeth Albertson Ron Harmon Dennis Higgins
Deborah Ranniger Debbie Raplee Les Thomas
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Descriotion Speaker Time
1. 2011 Legislative Agenda Michelle Witham 30 minutes
2. Health Care Programs Becky Fowler 30 minutes
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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. 2010 Local Government Conservation Award
D. Green Business of the Year Award
E. Kenton Firs Neighborhood Council Recognition
S. PUBLIC HEARINGS
None
' 6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
' C. Excused Absence for Councilmember Ranniger - Approve
D. 2010 Annual Docket Report - Approve
E. Kenton Firs Neighborhood Council Resolution - Adopt
(Continued)
COUNCIL MEETING AGENDA CONTINUED
F. Bulletproof Vest Partnership Award - Accept
G. Washington Traffic Safety Commission Grant - Accept
H. Seattle Police Department Interagency Agreement - Authorize
I. Corrections Facility Food Services Agreement Amendment - Approve
J. Corrections Facility Medical Services Agreement Amendment - Approve
K. Chelan County Inmate Housing Agreement - Approve
L. Winterfest Tree Lighting Firework Display Permit - Authorize
M. 2010 Citywide Large Culvert Pipe Cleaning - Accept as Complete
N. 2nd Avenue Sidewalk Improvements (Lowe-Saar) - Accept as Complete
O. South 2281h Grade Separation at Burlington Northern Railway - Accept
as Complete
P. Alaskan Copper & Brass Bill of Sale - Accept
Q. Sheridan Residence Bill of Sale - Accept
R. Sophia Glenn Plat Bill of Sale - Accept
S. TAF Academy Bill of Sale - Accept
T. King County Metro Sanitary Sewer Pass-Through Rate Increase
Ordinance - Adopt
8. OTHER BUSINESS
A. Storm Drainage Utility-Defer Annual Rate Increase-Ordinance
9. BIDS
None
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
None
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.
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COUNCIL WORKSHOP
1) 2011 LEGISLATIVE AGENDA
2) HEALTH CARE PROGRAMS
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City of KENT
2011 State Legislative Agenda
The City of Kent's 2011 State Legislative Agenda is divided up as follows
1. The 2011 State Legislative Agenda "Top-Priority Issues" are those Kent considers to
be extremely important These issues are described in the first two pages of this
agenda The City will focus most of its advocacy time and energy on these items.
2 The 2011 Support/Oppose List includes items Kent considers to be very important
The City will focus its time to join others in strongly supporting beneficial measures or
strongly opposing those with an adverse impact
3 The 2011 Track/Monitor List includes issues the City will track and monitor. As these
issues evolve, the City may involve itself to a greater degree if necessary
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City of Kent TOP PRIORITY Issues
2011 Legislature
Upgrading & Certifying Green River Levees
• Fund certification & accreditation of levees along Green River: The flood risk from
the Howard Hanson Dam has subsided from a year ago, but the work of improving and
certifying levees along the Green River is just as critical to safeguarding Kent and other
Green River Valley communities from future flooding It is also vital to the economic
future of these communities, in helping to minimize flood plain designations, in reducing
flood insurance costs, and in ensuring businesses can develop and redevelop within a
warehouse distribution center that is the nation's 41h largest This levee certification and
accreditation work will take years and cost several hundred million dollars, and Valley
communities cannot do it alone Kent, Renton, Tukwila, Auburn, and King County have
asked the state for a 10-year, $150 million package of assistance, and have accepted a
Governor's Office invitation to apply for$30 million in capital funding in the 2011-13
budget Levees funding will be Kent's top Capital Budget prionty in 2011
• Temporary exemption to help King County Flood Control District address "levy
suppression" issue: The King County Flood Control District, formed in 2007, helps the
Valley communities with flood control and levee work along the Green River But the
District's 2011 funding is in question due to a phenomenon known as "levy suppression "
Essentially, with declining property values causing property tax "millage rates" to rise,
the combined property taxing districts in King County are very close to bumping up
against a $5 90/$1,000 property tax limitation in state statute That would imperil the
funding for the Flood Control District, the most junior taxing district in the county In
2011, King County will lead an effort to help exempt the District, temporarily, from the
property tax levy lid Kent and other Valley Cities will strongly support this effort
Fiscal/Budget Issues t
• Protect Streamlined Sales Tax (SST) "full mitigation" payments: In 2011, Kent will
actively work with the Association of Washington Cities (AWC) and others to ensure "full-
mitigation" SST funding stays intact for jurisdictions negatively impacted by 2007 legislation
changing local sales tax "sourcing" from an origin-based model to destination-based
• Protect annexation incentive sales tax credit funds: Kent will work to ensure that cities
which have taken on large and expensive annexations continue to receive annexation sales
tax incentive funding to at least offset part of their costs If this funding is compromised,
Kent and other cities in King, Pierce, and Snohomish counties cannot afford to serve the
large annexation areas they are being asked to take on
• Protect state-shared revenues overall Beyond SST and the annexation incentive, a $4 8
billion-plus Operating Budget shortfall may leave numerous state-to-local revenue streams
may be at risk Kent asks legislators to consider how counter-productive it would be to cut
local revenues that help cities maintain a commitment to public safety and assist with human
and social services needs Municipal Criminal Justice Assistance monies, auto theft and
sex offender address verification funds, and other state-shared revenues comprise several
million dollars of Kent's general fund budget In 2011, Kent will work closely with AWC and
others to protect vital state-shared revenues
Recoup $600,000 under-payment in SST mitigation: In 2009-10, the Department of
Revenue discovered some flaws in the SST mitigation payments process, resulting in
certain cities being underpaid and others overpaid It may take a budget proviso to fix the
problem The City of Kent has documented $600,000 in SST mitigation funds that it should
have been paid, and will work with area legislators to correct this imbalance
Economic Development/Intrastructure Issues
• Recapitalize Public Works Trust Fund (PWTF): Kent will strongly support efforts by local
governments, contractors, water-sewer districts, and others to ensure the PWTF can be recapitalized
In 2009, for the first time ever,the Legislature "swept'money out of the PWTF to help resolve a S9
billion Operating Budget shortfall If the PWTF is not recapitalized in the 2011-13 Capital Budget, a
S 10 million loan recommended for Kent might not be awarded. The low-interest loan is to help Kent
pay its utility share of a water filtration system being constructed for a regional water-supply network
managed Tacoma Public Utilities Without the loan, Kent would be forced to bond an additional$9
million of its costs, thereby further raising rates on Kent water utility customers
• Showare Center O&M Needs: In 2011, the Legislature may evaluate whether to extend
and "re-purpose" a series of King County-only taxes first established to finance the cost of
the Safeco Field and Qwest Field projects As the Legislature looks at a bill to extend and
re-purpose the taxes, there should be fairness and equity in funding significant capital
facilities which draw tourism and contribute to economic development Just as M&O funding
for the Seattle Mariners and Safeco Field is on the list of"purposes," Kent believes the
Showare Center is equally deserving The City will work with its legislative delegation to see
if Showare M&O funding can find a place in the "re-purposing' legislation
Transportation
Kent has joined with a multi-stakeholder 'Transportation Partnership" group that will push for
new investment in the transportation system as a key not only to capacity and mobility of
people and goods, but also as a critical job creation strategy For any transportation
package that is brought to the Legislature, there are several key components for Kent
• Interstate 5/State Route 509 project— including connection to 228th Street This
project would do more for 1-5 mobility in Central Puget Sound than any other one on
the WSDOT (Washington State Department of Transportation) list Also, with a
direct connection at 228th, an estimated 1/3'd of all truck traffic coming from the
airport and seaport areas will be able to stay off 1-5 and make direct connections to
the Green River Valley distribution center A tolling feasibility study for 1-5/SR-509
has shown that tolling revenue could significantly drive down the overall financing
cost of this project In 2011, Kent will push for more detailed tolling studies of 1-5/SR-
509, as well as any right-of-way work that can keep the project moving forward.
• State Route 167/State Route 516 Interchange: Kent successfully worked with
legislators to obtain corridor study funds in 2010 that include an examination of how
to improve the SR-167/SR-516 interchange With continued growth in downtown
Kent, and upcoming freight improvements on Willis Street (SR-516), Kent believes a
more modern interchange at 167/516 will be critical in the near future
• Freight Mobility: Kent is bisected by two national railroad lines — Burlington
Northern/Santa Fe and Union Pacific— carrying six-dozen freight trains per day
through the Valley It is critical that existing freight mobility funding be retained, and
that additional investment in freight corridors be a part of any revenue package
• Local funding distribution/local options: Any transportation package considered
by the Legislature needs to include direct funding distributions to cities and counties,
as well as transportation funding options that cities can tailor to specific needs
Stormwater
• Delay 2012 date for new "NPDES" stormwater permit requirements: Kent and
many other cities and counties are already struggling with significant cost pressures in
implementing current federal Clean Water Act requirements for managing stormwater.
The state Department of Ecology administers this permit under the "National Pollutant
Discharge Elimination System" (NPDES) program — and is poised to add additional
permit requirements as early as 2012 Local governments simply cannot afford
additional stormwater permit costs at this time Kent will loin AWC, counties, and others
in urging that new stormwater permit requirements be delayed at least 1-2 years
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City of Kent "Support/Oppose" & "Track/Monitor" Issues
2011 Legislature
Criminal Justice/Courts/Jails/Law Enforcement
SUPPORTIOPPOSE
Anti-Gang-Violence Legislation- Kent will support 2011 anti-gang-violence legislation
being requested by the State Attorney General and supported by a coalition of law
enforcement, prosecutors, cities, and counties. Kent believes intervention and prevention
strategies must be an integral component of any 2011 bill on gang violence.
Protect criminal justice, law enforcement, and courts funding Kent will work closely
with other local agencies, law enforcement organizations, and courts organizations to
protect operating budget funding for key criminal justice, law enforcement, and courts
priorities These include municipal criminal justice, auto theft prevention, law enforcement
academy funding, sex offender address verification, public defense, and court interpreters.
• Criminal investigation intelligence gathering: In 2011, the American Civil Liberties Union
(ACLU) will bring forth legislation that would put new limitations on both collecting and
sharing information and intelligence in investigations of things such as drug trafficking,
stolen property, gambling, extortion, bribery, and terrorism cases Kent will join the
Washington Association of Sheriffs and Police Chief in strongly opposing such legislation
and arguing that current laws and guidelines already prevent overreach or abuse
• Strengthen penalties against repeat vehicle prowl offenders: The City of Everett will
bring forward 2011 legislation to assist jurisdictions in the Puget Sound and elsewhere
which are seeing a spike in vehicle-prowl incidents — particularly by repeat offenders The
legislation will call for tougher penalties on those repeat offenders Kent will support it, as
will Sheriffs and Police Chiefs and the AWC
• Clear definitions and standards for what constitutes a medical marijuana dispensary:
Recent headline-making cases in Tacoma and elsewhere have underscored just how
difficult it is for law enforcement and prosecutors, under current law, to distinguish legitimate
medical marijuana dispensaries from those which are fraudulent Kent will support efforts to
establish a much brighter and clear line of distinction in state law
• Fees for offenses that require a DNA sample to be taken —extend authority to
Municipal and District Courts: Current law requires a DNA sample to be taken in
connection with certain criminal offenses Superior Courts have the authority to impose fees
that help with cost-recovery for the DNA samples, while District and Municipal Courts do not
Kent will support efforts by the District and Municipal Court Judges' Association to level the
playing field so that all local courts can have cost recovery for the DNA sampling
• Conditions for allowing offenders to post bail and be released Kent's lead prosecutor
sat on a statewide Task Force that looked at bail and release conditions. The City will work
to ensure 2011 legislation in this area does not add unfunded mandates to local
governments
TRACK/MONITOR
• Funding for medical costs incurred by jail offenders: Kent will track efforts by AWC and
others to obtain assistance
• Domestic Violence Work Group: A Domestic Violence Work Group convened by a
Kirkland-area State House Member is looking at technical changes to DV laws Kent will
track this issue
• Tougher penalties for those who harm or threaten bicycles and pedestrians in the
right-of-way: Kent will track efforts by bicycle groups to ramp up penalties by those who
harm "vulnerable users" of the right-of-way Judges had some concerns with how this
legislation played out in terms of court procedures and paperwork, and wants to ensure
these technical problems do not resurface with any 2011 legislation Kent will track this.
• Driving Under the Influence "Ignition Interlock Kent will track efforts by judges to work
with lawmakers on further technical clarifications to the DUI Ignition Interlock laws
• Schools mapping: Kent will track efforts by the Washington Association of Sheriffs and
Police Chiefs to obtain additional state funding for the mapping of K-12 schools and higher
education institutions for emergency preparedness purposes
• Weapons restrictions: Kent will track efforts to enact state restrictions on guns, including
safe storage and "closing the gun show loophole."
Economic Development/Infrastructure
SUPPORT/OPPOSE
• Local Revitalization Financing (LRF) and other Tax-Increment Financing (TIF)tools: The
LRF program and its predecessor, the "Local Infrastructure Financing Tool' (LIFT)program, are
tools that allow cities to recruit and retain economic development projects—and are the closest thing
our state has to Tax Increment Financing(TIF) There will be efforts in 2011 to reauthorize the LRF
program and possibly to provide even more robust TIF tools to local jurisdictions Kent will support
these efforts
• Public Facility Districts(PFDs)—extending number of years a sales tax credit may be in effect:
The Spokane PFD will be bringing a bill to the 2011 Legislature, allowing PFDs to extend the
number of years where they may be provided with a state sales tax credit toward the cost and
financing of their facilities While passage of such legislation will be very challenging in 2011, Kent
will support it and work to ensure that of policy-makers see a policy reason to move forward, all PFDs
be covered.
• "Urban Vitality" and"Complete Streets" Programs: Kent will be prepared to support legislative
efforts to retain an Urban Vitality program established within the 2009-11 Capital Budget, as well as
"Complete Streets"program legislation likely to be brought forward in 2011 Both programs are
designed to assist local governments with infrastructure needed to make highly urban areas more
pedestrian and transit-friendly
• Washington Wildlife,Recreation and Parks Program (WWRP): Kent will strongly support
efforts to keep the WWRP program at a funding level of at least the current$70 million per biennium
—and ideally at $100 million per biennium The Washington Wildlife and Recreation Coalition
(WWRC)will request$100 million to take WWRP biennial funding back to the level it was at in the
2007-09 budget
• "Healthy and Sustainable Communities"Initiative: Kent supports funding for programs that help
people stay active and make healthy choices, such as public health, Safe Routes to Schools, the
"Urban Vitality"program in the Capital Budget, "Complete Streets" legislation and the WWRP
TRACK/MONITOR
• Local Real Estate Excise Tax (REET): The Association of Washington Cities (AWC) is
attempting to negotiate with the Washington Association of Realtors (WAR) an acceptable
compromise for 2011 that would enable cities and counties more flexibility in how they
spend the first and second quarter percent of their local REET Kent will track this issue
Environmental Issues
SUPPORT/OPPOSE
• Puget Sound Action Agenda and the Puget Sound Salmon Recovery Plan: Kent will
support efforts by the Puget Sound Partnership and Water Resource Inventory Areas
(WRIAs) to establish dedicated funding to implement the Puget Sound Action Agenda and
Salmon Recovery Plan These investments can assist with flood prevention
• Extending the current "Product Stewardship" program to prescription and
pharmaceutical drug disposal: The Product Stewardship program was enacted by the
Legislature as a manufacturer-financed program to allow for the environmentally safe
disposal of products such as electronics and lights that contain mercury King County Solid
Waste and others will look to expand the program in 2011 to prescription and
pharmaceutical drug disposal Kent supports this effort
Fire Prevention and Emergency Services/HazMat
SUPPORT/OPPOSE
• Allow cities to retain a proportion share of existing fire insurance premium taxes after
their firefighters move to a Fire Prevention Authority: While Kent voters recently
approved the formation of an FPA to provide their Fire and EMS services, the City still has
certain pension and medical benefit obligations under previous state pension and retiree
programs In 2010, the Legislature considered HB 2987 to assist cities with these
obligations by allowing them to keep a proportion share of existing fire insurance premium
taxes they had previously received HB 2987 progressed through the House and to the
Senate Floor calendar, but then "died " Fire Chiefs and firefighters will promote the bill
again in 2011, with a retroactivity provision to cover Kent. The City will support this bill,
which has no state general fund impact but could help Kent retain about $135,000 a year
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• Regional Fire Authorities (RFAs)— Governance: Kent believes it is critical that city
governments have a seat on governance boards that oversee the operations of RFAs, and
will oppose any legislative initiative which would undermine that city governance role
TRACK/MONITOR
• Funds to create regional Chemical, Biological, Radioactive, Nuclear, and Explosive
(CBRNE) Materials Handling and Response Centers: Securing funding for regionally-
focused "CBRNE" efforts is a high priority of the Washington State Association of Fire
Chiefs Kent will support this legislative effort.
• Simple Majority for EMS Levies: Fire Chiefs are expected to bring forth 2011 legislation
that would allow Emergency Medical Services (EMS) levies to achieve voter approval with a
50 percent plus one majority, vs the current 60 percent Kent will track this issue
Fiscal Issues
SUPPORT/OPPOSE
• Oppose unfunded mandates, legislation that erodes local authority, and/or legislation
that erodes local tax revenue: This is an annual staple of the City's legislative agenda
and is a key to helping local governments retain needed funding and flexibility to build their
budgets, manage issues that arise in their communities, etc Kent has played a leadership
role on the unfunded mandates issue by building a yearly list of federal and state mandates
that impact its costs and operations
• Support legislative changes to help local governments operate more efficiently,
reduce costs, etc.: The Association of Washington Cities (AWC) and the Washington State >�
Association of Counties(WSAC) are proposing to the Governor and Legislature a series of ideas to
help local governments operate more efficiently, reduce or delay cost impacts, or relieve cost burdens
altogether Examples include public records request reforms, notice changes and substantive reforms
of the State Environmental Policy Act(SEPA) and Shoreline Management Act (SMA), delaying the
imposition of additional stormwater permit requirements, and delaying the date by which public fleets
must deploy biofuel-powered or electric vehicles Kent is poised to support these efforts
• Business license uniformity: Numerous cities and the AWC are working to see if a "one-
stop/one-portal" system can be developed to make business licensing simpler and more
convenient for firms with operations in multiple jurisdictions Kent supports this effort
• Utility Tax: In 2010, the Legislature granted pilot authority to Renton and its surrounding
water-sewer districts to negotiate inter-local agreements that would, in part, allow the City to
impose a utility tax on water-sewer district services inside city limits. Current law provides
for inside-a-city users of city utilities to pay the utility tax, while the users of special district
utilities do not Kent supports further efforts to resolve this utility tax inequity under the law
Additionally, the City is supportive of efforts by King County and others to have utility tax
applied to unincorporated areas (it already may be imposed inside cities)
General Government
SUPPORT/OPPOSE
Offset growing costs of complying with the state's Public Records Act: Kent strongly
supports transparency with the public, and making records available to those who request
them In some cases, however, the costs of complying with large, complex records requests
can be significant and can result in considerable staff-time burdens Kent will support efforts
by AWC and other groups that will allow public agencies to better offset some of the costs
associated with responding to very complex and/or very large records requests
Protect bidding laws and contracting authority: Kent will join other local governments in
working to protect local government authority in contracting and bidding laws in 2011.
Oppose shifts of liability to municipal utilities under the "Call Before You Dig" law In
2009, underground contractors sought to add a new definition to the "Call Before You Dig"
area of state law, one which would have shifted liability and costs to municipal utilities An
interim work group has been formed, and 2011 legislation is possible If underground
contractors go the same route as they did in 2009, Kent will join AWC and municipal utilities
in opposing such a legislative initiative
Support mutual aid authority for local jurisdictions in providing building safety
services: Kent will support 2011 legislation being promoted by the Washington Association
of Building Officials (WABO) The WABO-promoted bill will establish a mutual aid system
similar to that which exists for law enforcement and fire services
TRACK/MONITOR
Expansion of wrongful death and injury claims: Legislation to expand wrongful death
and injury claims against local agencies and the private sector narrowly failed in 2008, 2009,
and 2010 and the issue maybe re-introduced in 2011 Kent will monitor this issue closely
Growth Management/Housing/Annexation/Land Use and Permitting
SUPPORT/OPPOSE
Affordable housing: Kent will support efforts to preserve funding for the Transitional
Housing, Ownership, and Rental (THOR) program, as well as the "GA-V program that
provides housing assistance for the mentally ill
Multi-family housing property tax exemption program. In 2010, the Department of
Commerce reported to the Governor on 2007 legislation, Engrossed Second Substitute
House Bill 1910, which re-designed a prior 10-year property tax exemption program for new
multi-family housing in urban areas 1910 setup a dynamic where the exemption would be
eight years for strictly "market-rate" housing and 12 years for projects that incorporated both
market-rate housing and a mix of affordable housing The Commerce report to the
Governor determined the 1910" approach should be left in place, but it is possible that
some groups will seek 2011 legislation to require all multi-family housing projects under the
program to meet affordability requirements Kent would oppose such legislation as
unnecessarily tying the hands of local officials to meet GMA requirements and determine the
proper mix of housing stock needed in their downtown and urban areas.
• Grandfathering in mini-casinos from recent annexations: Kent will support legislation
by area legislators to allow a social card game business from recently annexed areas to be
grandfathered into new city boundaries
TRACK/MONITOR
• Timing of when impact fees are collected: Kent will track legislation likely to be brought
forth by Master Builders attempting to mandate that impact fee collection for residential
housing be delayed until the time of sale or closing on the homes The City has deferred
collection of its development fees but does not necessarily see a need to mandate that to
the "at closing/sale" collection point (it is discretionary in current law)
Human and Social Services 1
SUPPORT/OPPOSE
• "TANF" and "Disability Lifeline" funding, GA-U: Kent will join others in the human
services community in asking that the Disability Lifeline program not be subject to additional
cuts beyond those already sustained Additionally, the City wants to guard against changes
to Temporary Aid to Needy Families (TANF) that would reduce the maximum assistance
time allowed from five years to two years Lastly, the City hopes lawmakers can find a way
to retain some portion of the General Assistance for the Unemployable (GA-U) program
LEOFF/PERS/Employee Services Issues
SUPPORT/OPPOSE
• Oppose pension enhancements that add new costs—and fully fund pension
responsibilities: Kent will follow the lead of the AWC in opposing pension enhancements
that would add new costs to local governments, while at the same time urging the state to
fully fund existing pension responsibilities.
• Reforms to better manage personnel and labor costs: Kent is prepared to support
initiatives put forth by AWC and others to help better manage personnel and labor costs.
• "Presumptive disease" for police: Existing state law provides workers' compensation
benefits for firefighters, and families of firefighters, if their disease is presumed to have
occurred as a result of the inherently dangerous conditions they faced during their terms of
employment This is defined narrowly within state law If 2011 legislative initiatives are
brought forward to expand the reach of'presumptive disease' laws to police employees, it
presents cost impacts and concerns for Kent The City will work through AWC in this area.
TRACKWONITOR
• LEOFF 1 retirees: Kent has two active LEOFF 1 employees, and 71 LEOFF 1 retirees,
who are required under law to have their medical costs covered Like many other cities,
Kent continues to hope there could be a way for the State to assist in addressing the
medical costs for LEOFF 1 Kent will track this issue in 2011
Telecommunications
SUPPORT/OPPOSE
• Oppose statewide franchise fee authority: In 2009, Venzon approached the Legislature,
seeking enactment of a statewide franchising structure for cable and video services Had
the legislation succeeded, it would have pre-empted local franchising authority that guides
cable service in Kent and other local markets around the state If this is proposed in 2011,
Kent will loin AWC in strongly opposing this pre-emption of local control
Transportation/Transit
SUPPORT/OPPOSE
• Interstate 405-State Route 167 High-Occupancy Toll Lanes: In 2011, the WSDOT will
advance agency-request legislation to allow for construction of HOT lanes on 405 to
enhance capacity of the congested corridor Kent will support this legislation as long as
there is language included in it to ensure that the HOT lanes will help expedite future efforts
to build a new "connector" at the state's most congested interchange — 1-405 and State
Route 167
• Street Maintenance Utility: The Association of Washington Cities (AWC) and several individual
cities will be asking the 2011 Legislature to authorize the local formation of "Street Maintenance
Utilities" for road preservation and maintenance purposes Puyallup will support this effort
• Oppose the consolidation of the Transportation Improvement Board (TIB), Freight
Mobility Strategic Investment Board, and County Road Administration Board (CRAB)
In 2010, the Governor proposed consolidating the TIB, FMSIB, and CRAB and placing them
under the auspices of the WSDOT's Local Highways Program Kent believes TIB and
FMSIB in particular are two very focused, transparent, accountable and effective agencies
and would oppose a forced consolidation However, the City appreciates and supports the
efforts by an interim legislative task force looking at TIB, FMSIB, and CRAB operations and
seeing how they can interact more efficiently with one another and unto themselves
TRACK/MONITOR
• Railroad corridor "quiet zones": Kent is working to construct "quiet zones" in downtown Kent
to help mimmize the impact of passenger and freight trains In prior years, the Legislature made
additions to Local Improvement District (LID) law, allowing LIDS to be utilized for quiet zones.
Kent is interested in knowing whether other tools may be proposed to assist communities with quiet
zones, and will track this issue
1
Water/Stormwater
SUPPORT/OPPOSE
• Stormwater Funding: Kent will support a 2011 Department of Ecology request bill designed to
create new financing mechanisms for cities and counties to meet their very costly Clean Water Act
requirements under what is known as the National Pollutant Discharge and Elimination System
(NPDES) Funding for stormwater is a key to meeting the federally-mandated, state-administered
requirements
• Water rights fees: Kent will be closely watching a 2011 Department of Ecology request bill that is
designed to increase water rights fees to better fund the water resources program A concern of water
utilities is that the fees will extend beyond pending rights applications to existing rights, and will be
inequitably charged(for example, draft legislation does not extend the fees to developers of what are
known as "exempt wells ) Kent understands Ecology's need for reasonable fees to operate the
Water Resources Program, but is prepared to join other utilities in opposing legislation if it goes too
far in increasing fees and does not equitably extend and charge them to all users
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) FROM COUNCIL, ADMINISTRATION, OR STAFF
1
B) FROM THE PUBLIC
PUBLIC COMMUNICATIONS
A) PUBLIC RECOGNITION
B) COMMUNITY EVENTS
C) 2010 LOCAL GOVERNMENT CONSERVATION AWARD
D) GREEN BUSINESS OF THE YEAR AWARD
E) KENTON FIRS NEIGHBORHOOD COUNCIL RECOGNITION
PUBLIC COMMENT
' Kent City Council Meeting
Date November 16, 2010
' Item No. 7A - 7B
' CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through T.
Discussion
Action
7A. Aunroval of Minutes.
Approval of the minutes of the regular Council meeting of November 2, 2010.
7B. Approval of Bills.
Approval of payment of the bills received through October 15 and paid on
October 15 after auditing by the Operations Committee on November 2, 2010.
' Approval of checks issued for vouchers:
Date Check Numbers Amount
' 10/15/10 Wire Transfers 4332-4354 $2,679,771.42
10/15/10 Regular Checks 647483-647950 2,148,890.16
Use Tax Payable 5,442.34
$4,834,103.92
Approval of checks issued for payroll for October 1 through October 15 and paid
' on October 20, 2010:
Date Check Numbers Amount
' 10/20/10 Checks 320155-320360 $ 166,879.37
10/20/10 Advices 274287-274900 1,173,128.74
$1,340,008.11
Kent City Council Meeting
KENT W/.SHIN CTpN November 2, 2010
The regular meeting of the Kent City Council was called to order at 5:00 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) No changes were made.
B. From the Public. (CFN-198) There were no changes from the public.
PUBLIC COMMUNICATIONS
' A. Public Recognition. (CFN-198) No public recognition was given.
B. Community Events. (CFN-198) Ranniger announced that the annual Holiday
' Craft Market is being held at the Senior Center on November 5 and 6.
PUBLIC HEARINGS
' A. 2011 Annual Budget (2nd Hearing). (CFN-186) Mayor Cooke noted that this
is the second public hearing on the 2011 Operating Budget and Finance Director
Nachlinger stated that the total net cost for the operating budget is slightly over
$148,000,000. He explained the various funds and the proposed new positions. The
Mayor opened the public hearing and Linda Maser, 4756 35`h Avenue SW, Seattle,
representing the Seattle King County Coalition on Homelessness, expressed concern w
about homelessness throughout the county and thanked the city for not cutting
services in this area. There were no further comments and Perry moved to close the
public hearing. Thomas seconded and the motion carried.
B. 2011-2016 Capital Improvement Plan and Comprehensive Plan
Amendments (2nd Hearing). (CFN-775) Mayor Cooke noted that this is the
second public hearing on this item and Finance Director Nachlinger stated that the
plan includes a total of $172,657,000 in improvements, the majority of which is for
utilities. He noted that this updates the Capital Improvements Element of the
' Comprehensive Plan. Nachlinger explained that revenues available for capital have
declined significantly and that projects appear in the plan so that they are eligible for
grant money.
Mayor Cooke declared the public hearing open. There were no comments from the
public and Perry moved to close the public hearing. Thomas seconded and the motion
' carried.
C. Kent Comprehensive Plan and Amendments to Kent City Code Section
12.13, School Impact Fees. (CFN-775/961/1000) Planning Manager Charlene
Anderson explained that this hearing is to consider amendment of the Capital
Facilities Element of the Comprehensive Plan to incorporate the updated Capital
Facilities Plans of the Kent, Federal Way and Auburn School Districts. She noted that
the plans also propose to amend school impact fees as outlined in Kent City Code
Chapter 12.13.
1
Kent City Council Minutes November 2, 2010 ,
Mayor Cooke opened the public hearing. Jeffrey Grose of the Auburn School District, '
Tanya Nascimento of the Federal Way School District, and Gwenn Escher-Derdowski
of the Kent School District each explained their plan and impact fee changes. In
response to a question from Council, Escher-Derdowski explained that relocatables
are being used more because of the move to full day kindergarten. There were no
further comments from the audience. Perrymoved to close the public hearing,
P 9, '
Thomas seconded and the motion carried.
D. 2010 Tax Levy for 2011 Budget. (CFN-104) Finance Director Nachlinger noted ,
that the proposed levy for 2010 for the 2011 year is $16,141, 149, and explained that
it is reduced from last year by $1 per $1000 of assessed value due to the levy of the '
Regional Fire Authority and increased by the 1% annual increase under State law. He
estimated the rate to be $1.18 per $1000 of assessed value.
Mayor Cooke opened the public hearing; there were no comments from the audience.
Perry moved to close the public hearing. Thomas seconded and the motion carried.
CONSENT CALENDAR '
Perry moved to approve Consent Calendar Items A through I. Thomas seconded and
the motion carried. ,
A. Approval of Minutes. (CFN-198) Minutes of the regular Council meeting of
October 19, 2010, were approved. '
B. Approval of Bills. (CFN-104) Figures were not available for approval.
C. 4Culture Sustained Su000rt Grant. (CFN-118) The Sustained Support Grant
from 4Culture for 2011 Kent Arts Commission programs in the amount of $17,000
d o necessary n was accepted, and the Mayor was authorized to sign all ecessa y grant documents,
amend the budget and expend the funds in accordance with the grant agreement.
D. 2011 Washington State Arts Commission Organizational Suoaort Grant.
(CFN-839) The Washington State Arts Organizational Support Grant to the Kent Arts
Commission in the amount of $4,380 was accepted, and the Mayor was authorized to
sign all necessary grant documents, amend the budget and expend the funds in
accordance with the grant agreement. '
E. 2011 Community Development Block Grant Action Plan. (CFN-493) The
Proposed 2011 Community Development Block Grant Action Plan, including funding ,
allocations and contingency plans was approved, and the Mayor was authorized to
execute the appropriate certifications and agreements.
F. Recreation and Conservation Office Agreement Amendment for '
Matiniussi/Van Dyke Prouerty Acquisitions. (CFN-118) An additional
$298,127.06 in grant funds was accepted, the Mayor was authorized to sign the
Recreation Conservation Office grant agreement amendment and all other related
documents, subject to final terms and conditions approved by the City Attorney,
amend the budget and expend the funds associated with the Panther Lake '
Acquisitions.
2
_
' Kent City Council Minutes November 2, 2010
G. Consultant Agreement with Northwest Hydraulic Consultants for Foster
Park and Horseshoe Bend Levee Improvements. (CFN-1318) The Mayor was
authorized to sign Amendment No. 1 to the Consultant Services Agreement between
the City of Kent and Northwest Hydraulic Consultants in an amount not to exceed
$14,975 for the purpose of responding to comments from the Federal Emergency
Management Agency (FEMA) for certification of the Foster Park and Horseshoe Bend
levees.
' H. Consultant Agreement with GeoEngineers for Foster Park and Horseshoe
Bend Levee Improvements. (CFN-1318) The Mayor was authorized to sign
Amendment No. 2 to the Consultant Services Agreement between the City of Kent
and GeoEngineers, Inc. in an amount not to exceed $33,040 for the purpose of
responding to comments from the Federal Emergency Management Agency (FEMA)
' for certification of the Foster Park and Horseshoe Bend levees.
REPORTS
A. Council President. (CFN-198) No report was given.
' B. Mayor. (CFN-198) The Mayor distributed copies of the comments she made at
the King County Public Hearing on the King County Flood Control Zone District
Projects and Funding, and noted that the Flood Control Zone District Board of
Supervisors is considering funding projects like the Seawall in Seattle.
C. Operations Committee. (CFN-198) No report was given.
D. Parks and Human Services Committee. (CFN-198) Ranniger noted that the
next meeting will be at 5:00 p.m. on November 18.
E. Economic & Community Development Committee. (CFN-198) Perry noted
that the next meeting will be at 5:00 p.m. on November 8, and that Councilmember
Ranniger will chair the meeting.
' F. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will
be at 5:00 p.m. on November 9.
G. Public Works Committee. (CFN-198) No report was given.
H. Administration. (CFN-198) Mayor Cooke announced that recruitment for a
' Police Chief has begun.
ADJOURNMENT
The meeting adjourned at 5:47 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
' 3
' Kent City Council Meeting
Date November 16, 2010
' Category Consent Calendar - 7C
1. SUBJECT: EXCUSED ABSENCE FOR COUNCILMEMBER RANNIGER - APPROVE
2. SUMMARY STATEMENT: Approve an excused absence from tonight's
meeting for Councilmember Ranniger.
3. EXHIBITS: Memorandum
4. RECOMMENDED BY: Mayor Cooke
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? -N/A
' Currently in the Budget? Yes _ No
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
City Council
' Jamie Perry, Council President
• Phone 253-856-5712
T Fax 253-856-6712
K E N
1 WASHINGTON Address- 220 Fourth Avenue S
Kent,WA 98032-5895
MEMORANDUM
' TO: Suzette Cooke, Mayor
City Councilmembers
FROM: Debbie Ranniger, Councilmember
DATE: November 16, 2010
SUBJECT: City Council Excused Absence
I would like to request an excused absence from the November 16, 2010
City Council meeting. I will be unable to attend.
Thank you for your consideration.
Debbie Ranniger
Councilmember
1 nc
1
1 Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7D
1. SUBJECT: 2010 ANNUAL DOCKET REPORT - APPROVE
' 2. SUMMARY STATEMENT: Approve 2010 Annual Docket Report. In
accordance with 12.02.025 Kent City Code (KCC), Planning Services coordinates
on an annual basis a list of suggested changes to the comprehensive plan and
1 development regulations and recommends to the City Council which items are
appropriate for consideration in various review cycles.
3. EXHIBITS: Staff Memo dated 11/8/2010 to ECDC including 2010 Annual
Docket Report
' 4. RECOMMENDED BY: Economic & Community Development Committee, Staff
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue? No
Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
ECONOMIC and COMMUNITY DEVELOPMENT
Ben Wolters, Director
PLANNING DIVISION
• Fred N. Satterstrom, AICP, Director
KENNT Charlene Anderson, AICP, Manager
WASHIGTON
Phone: 253-856-5454
Fax. 253-856-6454
Address, 220 Fourth Avenue S
Kent, WA 98032-5895
' November 1, 2010
To: Chair Jamie Danielson and Economic & Community Development
Committee Members
From: William D. Osborne, AICP, Long-Range Planner
Subject: 2010 Annual Docket Report
' For the meeting of November 8, 2010
MOTION: I move to accept/modify the staff recommendation to
approve the 2010 Annual Docket Report as presented.
1 SUMMARY: In accordance with 12.02.025 Kent City Code (KCC), Planning
Services coordinates on an annual basis a list of suggested changes to the
comprehensive plan and development regulations and recommends to the City
Council which items are appropriate for consideration in various review cycles. The
2010 Annual Docket Report follows the process for review outlined in Chapter 12.02
KCC. Per 12.02.035(F), the docket report also includes items from 2008 and 2009
that have not yet been resolved (Attachments A-1, A-2 and A-3).
BUDGET IMPACT: None.
' BACKGROUND: The Growth Management Act outlines a procedure that assists the
public in making suggested amendments to the Comprehensive Plan, development
regulations, and growth policies on an annual basis. "Docketing" refers to
' compiling and maintaining a list of suggested changes to the Comprehensive Plan
or development regulations to ensure they will be considered by the City and will be
available for review by the public. The deadline for filing a docket item is the same
as for the annual map amendments, i.e., the first business day of September.
The 2010 Annual Docket Report included in the agenda packet contains six (6)
items submitted for consideration this year.
' Staff will discuss the recommendation included in the 2010 Annual Docket Report
(Attachment A) at the November 8th Planning & Economic Development Committee
meeting.
CA/WO/pm P iPlannmglDOCKETSl20101ECDCIDkt-2010 ECDCMemol 1-08-10 doc
Eric Att A-1 2010 Annual Docket Report&Kentara CPA-2010-3/CPZ-2010-1 Application
Att A-2 2009 Annual Docket Report(2010 update)
Att A-3 2008 Annual Docket Report(2010 update)
cc Fred N Satterstrom, AICP, Planning Director
Tim LaPorte, Public Works Director
Steve Mullen,Transportation Eng Manager
' Charlene Anderson,AICP, Planning Manager
Sean Wells, Development Eng Manager
Andrea Gates, Wetland Biologist
Matt Gilbert, AICP, Principal Planner
Gloria Gould-Wessen,AICP, GIs Coordinator/Planner
Sharon Clamp, Planner
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Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7E
1. SUB3ECT: KENTON FIRS NEIGHBORHOOD COUNCIL RESOLUTION - ADOPT
' 2. SUMMARY STATEMENT: Adopt Resolution No. recognizing Kenton
Firs as a Neighborhood Council.
Residents of this neighborhood have completed the process to establish a
Neighborhood Council which provides an avenue for residents to work together to
enhance the livability of their neighborhood.
I
3. EXHIBITS: Resolution
4. RECOMMENDED BY: Economic & Community Development Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenues N/A
Currently in the Budget? Yes _ No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
RESOLUTION NO.
A RESOLUTION of the city council of the
city of Kent, Washington, recognizing the Kenton
Firs Neighborhood Council.
RECITALS
A. The City of Kent has developed a Neighborhood Program to
promote and sustain an environment that responds to residents by building
partnerships between the City and its residents. In addition, the City of
Kent encourages residents to work together to form geographically distinct
neighborhood councils as a means to foster communication among
residents and to enhance their sense of community.
B. The City of Kent recognizes and supports neighborhood
councils by endorsing a process to establish neighborhood boundaries,
approve neighborhood councils, and provide neighborhood grant matching
program opportunities to make improvements in defined neighborhoods.
C. The Kenton Firs neighborhood consists of one hundred and
forty-six households occupying individually-owned lots for manufactured
homes. The residents belong to the Kenton Firs Neighborhood Association
and are bound by its covenants.
1 Kenton Firs —
Neighborhood Council
D. The Kenton Firs Neighborhood is located on the East Hill and came
into the City as part of the Panther Lake annexation area. The
Neighborhood is shown on Exhibit A attached hereto and incorporated
herein. It is legally described in Volume 94 of Plats at pages 18 and 19 of
the Records of King County, Washington. The northernmost street is S.E.
226th Street with Neighborhood homes on the north and south side of the
street. It is bounded on the east by 116th Avenue S.E. with Neighborhood
homes on both sides of the street.
E. On October 14, 2010, the Kenton Firs Neighborhood submitted an
official registration form to request that the City recognize the Kenton Firs
Neighborhood Council and to allow the Neighborhood to take part in the
City's Neighborhood Program.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: ,
RESOLUTION
SECTION 1. - Recognition of Neighborhood Council. - The City ,
Council for the City of Kent hereby acknowledges the effort and ,
commitment of the Kenton Firs neighborhood and all those who
participated in forming the Kenton Firs Neighborhood Council. The Kent ,
City Council hereby recognizes Kenton Firs as an official Neighborhood
Council of the City of Kent, supports Kenton Firs community building
efforts, and confers on the Kenton Firs Neighborhood Council all
opportunities offered by the City's Neighborhood Program.
SECTION 2. - Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this resolution is declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the
remaining portions of this resolution.
2 Kenton Firs -
Neighborhood Council
SECTION 3. - Ratification. Any act consistent with the authority
iand prior to the effective date of this resolution is hereby ratified and
affirmed.
SECTION 4. - Effective Date. This resolution shall take effect and
1 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 November, 2010.
CONCURRED in by the mayor of the city of Kent this day of
November, 2010.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
1 passed by the city council of the city of Kent, Washington, the _
day of November, 2010.
BRENDA JACOBER, CITY CLERK
P:\Civil\Resolution\NeighborhoodCouncilKentonFirs docx
3 Kenton Firs -
Neighborhood Council
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Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7F
1. SUBJECT: BULLETPROOF VEST PARTNERSHIP AWARD - ACCEPT
' 2. SUMMARY STATEMENT: Accept the Bureau of Justice Assistance
Bulletproof Vest (BVP) grant in the amount of $7,202.52, establish the budget,
authorize expenditure of the funds, and authorize the Mayor to sign all necessary
documents.
This federal program funds fifty percent of new and replacement bulletproof
' vest costs for police officers. The funding is available electronically on a
reimbursement basis upon proof of purchase. The FY 2010 Bureau of Justice
Assistance Bulletproof Vest Program grant award is $7,202.52.
3. EXHIBITS: U.S. Department of Justice Award Announcement
4. RECOMMENDED BY: Public Safety Committee 11/9/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue? X
Currently in the Budget? Yes No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
tDISCUSSION:
' ACTION:
Debra LeRoy, Research and Development Analyst
Support Division I Police
220 Fourth Avenue South, Kent, WA 98032
£Sl Phone 253-856-5856 1 Fax 253-856-6802
KENT
www.cUent.wa.us/oolice
?i_cASc CONSMLR T LE Er1U-R0r1 N1ENT BEFORE FIRTNTING THIS E-.•u is
From: owner-bvp-list@ojp.usdoj.gov [mailto:owner-bvp-list@ojp.usdoj.gov] On Behalf Of BVP
Sent: Thursday, October 07, 2010 8.46 AM
To: BVP-list
Subject: Bulletproof Vest Partnership FY 2010 Award Announcement
ZThe Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal
Year(FY) 2010 Bulletproof Vest Partnership (BVP) solicitation.These funds have been posted to your account in the BVP
system. For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at
vests@usdoi.gov or 1-877-758-3787.
A complete list of FY 2010 BVP awards is available at: http://www olp usdoi.gov/bvpbasi/
The FY 2010 award funds may be used for National Institute of Justice (NIJ)compliant armored vests which were
ordered on or after April 1, 2010.The deadline to request payments from the FY 2010 award funds is August 31, 2012, or
until all available 2010 awards funds have been requested.
BJA is also announcing; a financial hardship waiver request for all FY 2010 BVP funds Previously, a Jurisdiction was only
able to request up to 50%the cost of a vest with their available BVP funds. Now, during the payment request process,
jurisdictions may request a waiver and receive up to 100%of the cost of each vest submitted for reimbursement.
Jurisdictions requesting a waiver of the 50%match requirement may not use BVP funds toward the purchase of any vest
with a total unit cost greater than $1,200, excluding taxes, shipping and handling fees (if any)to maximize funding for all
eligible jurisdictions.
Additionally,jurisdictions requesting a waiver have to meet criteria of financial or natural disaster hardship.The
jurisdictions have to cite the source of their financial hardship during the waiver request process.Jurisdictions will be
expected to keep documentation substantiating the financial hardship for four years and realize the waiver requests are
open to Bureau of Justice Assistance and Office of the Inspector General audits.
Finally, all applicant jurisdictions, requesting a waiver of the 50% match,would be required to certify that the
jurisdiction's Chief Executive Officer formally accepts the request forthe waiver and confirms the waiver justification
provided.The certification must list the highest elected official from the requesting jurisdiction in order to be approved.
Thank You.
BVP Program Support Team
� i
i
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7G
1. SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION GRANT - ACCEPT
' 2. SUMMARY STATEMENT: Accept the Washington Traffic Safety Commission
grant in the amount of $10,300, establish the budget, authorize expenditure of
the funds, and authorize the Mayor to sign all necessary documents.
The grant will provide officer overtime funding to conduct high visibility
enforcement traffic safety emphasis patrols in support of Target Zero priorities.
The grant period is from October 1, 2010 through September 30, 2011.
Funding is provided on a reimbursement basis.
3. EXHIBITS: Memorandum of Understanding
4. RECOMMENDED BY: Public Safety Committee 11/9/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Y Revenues Y
Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
�4�Bi iATq p4
�H3 1989 a�Y
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
THIS AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and
between the KENT POLICE DEPARTMENT and the Washington Traffic Safety
Commission (WTSC)
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct high visibility enforcement (HVE) traffic safety
emphasis patrols, in support of Target Zero priorities and in accordance with the scope
of work as outlined below,
TERM: October 1, 2010 September 30, 2011.
AMOUNTS
Impaired Driving: $6,000.00
CFDA# 20.601
Speeding: $2,800.00
CFDA#: 20.600
Seat Belts: $1,500.00
CFDA # 20.602
These funds shall not be commingled and are only to be
utilized for the specific emphasis area.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. GOAL: To continue reducing traffic related deaths and serious injuries by engaging
in HVE patrols in the areas of impaired driving, speeding and occupant protection
2. SCOPE OF WORK-
Impaired Driving:
KENT POLICE DEPARTMENT will engage in HVE patrols for all or part of the
following
Holiday DUI Patrols; November 25, 2010 — January 2, 2011
St. Patrick's Day DUI Patrols; March 11, 2011 — March 20, 2011
Summer Kick-Off DUI Patrols; June 24, 2011 — July 5, 2011
Drive Hammered Get Nailed (DHGN) Labor Day DUI Crackdown;
August 19, 2011 — September 5, 2011.
Created-August 24,2010 Pagel U6
These patrols shall occur in locations where the highest rate of fatality and serious
injury collisions caused by impaired driving occur in your geographic area of the
state and will not-begin before 4.00 pm. Patrols will occur Friday-Sunday, with the
exception of:
Thursday, March 17, to cover the St Patrick's Day holiday
Thursday, November 25, to cover Thanksgiving, and
Monday, July 4, to cover the 4th of July Holiday.
Speeding: '
KENT POLICE DEPARTMENT will engage in HVE patrols for all or part of the
following
July 15, 2011 —August 7, 2011; these shall occur on the days, times and locations
where the highest rate of fatality and serious injury collisions caused by speeding
occur in your geographic area of the state.
Seat Belts:
KENT POLICE DEPARTMENT will engage in HVE seat belt-focused patrols on
some or all of the following dates:
May 23, 2011 - June 5, 2011, these shall occur where the lowest rates of occupant
protection use occur in your geographic area of the state. These patrols will not
begin before 4-00 pm KENT POLICE DEPARTMENT agrees to take a zero
tolerance approach to seat belt and child car seat violations
3. CONDITIONS:
For each of the emphasis patrols listed above, multi-jurisdictional, HVE protocols, as
outlined in Addendum A of this document will be followed. These protocols are
incorporated in their entirety to this document by reference. Exceptions to these
protocols may only be provided by the WTSC Program Director
These are enforcement activities intended to apprehend impaired drivers, speeding t
drivers and unbuckled vehicle occupants It is expected that Notices of
Infraction/Citation (NOI/C's) will be issued at contact unless circumstances dictate
otherwise.
Impaired Driving:
KENT POLICE DEPARTMENT shall ensure that officers participating in these
patrols are trained in Standardized Field Sobriety Test (SFST) protocols and that
officers assigned to the HVE campaigns are qualified to enforce the impaired driving
laws. This means that officers are qualified to use "Standardized Field Sobriety
Tests" specified by NHTSA/ IACP standard, and are qualified to use the state's
Created- August 24,2010 Page 2 of 6
breath testing instruments. This requirement has been expanded, effective October
1, 2010, to include all enforcement activities funded by the WTSC.
Speeding:
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the patrol.
The Target Zero Manager will email the completed forms to
luhefurlong(a),comcast net.
Seat Belts:
Law enforcement officers will complete the Emphasis Patrol Activity Logs and
forward to their Target Zero Manager within 48 hours of the completion of the patrol.
The Target Zero Manager will email the completed forms to
juliefurlong(a)comcast.net
All of these patrols are conducted as part of highly publicized efforts As such,
publicity campaigns about these patrols are planned to alert the public to the fact
that extra patrols are targeting these violations Therefore, KENT POLICE
DEPARTMENT must provide the names of at least two agency officers who can be
available for media requests and questions. *At least one of the individuals listed
below must be available for weekend media contacts, beginning at noon on
Fridays before mobilizations:
Name/Title Name/Title
Office Phone & e-mail Office Phone & e-mail
Cell Phone Cell Phone
O Available weekends per above?* 0 Available weekends per above?*
4. PAYMENT FOR LAW ENFORCEMENT: KENT POLICE DEPARTMENT will provide
commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and
on an overtime basis (not to exceed 1 5 times their normal salary and benefits) to
participate in these emphasis patrols.
5. RESERVE OFFICERS KENT POLICE DEPARTMENT certifies that any reserve
officer for whom reimbursement is claimed has exceeded his/her normal monthly
working hours when participating in this emphasis patrol and is authorized to be paid
Created.August 24,2010 Page 3 of 6
the amount requested. KENT POLICE DEPARTMENT understands that reserve
officers are not eligible for overtime for this project.
6. DISPATCH- WTSC will reimburse communications officers/dispatch personnel for
work on this project providing KENT POLICE DEPARTMENT has received prior
approval from the WTSC Program Manager.
7. GRANT AMOUNT: WTSC will reimburse KENT POLICE DEPARTMENT for
overtime salary and benefits. The total cost of overtime and benefits shall not be
exceeded in any one campaign area and funds may not be commingled between
campaign areas.
This allocation may be increased by your Target Zero Manager during these
campaigns, without amending this agreement PROVIDED THAT the increase in the
allocation does not exceed 50% of the original agreed amount Any increase in
allocation exceeding 50% will require an amendment to this document.
Impaired Driving Campaign: $6,000.00
Speeding Campaign: $2,800.00
Seat Belt: $1,500.00
These funds shall not be commingled and are only to be utilized for the specific
emphasis area.
8. PERFORMANCE STANDARDS:
a. Participating law enforcement officers are required to have a minimum of 3
self-initiated contacts per hour of enforcement
b. Some violator contacts may result in related, time-consuming activity. This
activity is reimbursable
c. Other activities, such as collision investigation or emergency response that ,
are not initiated through emphasis patrol contact WILL NOT be reimbursed.
9. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include.
a. Invoice Voucher (Al 9-1A Form).
1) KENT POLICE DEPARTMENT identified as the "Claimant";
2) A Federal Tax ID #; and,
3) Original signature of the agency head, command officer or
contracting officer.
b Payroll support documents (signed overtime slips, payroll documents, etc.).
c. Emphasis Patrol Activity Logs showing 3 or more self-initiated contacts per hour.
Emphasis Patrol Activity Logs cannot be modified.
Created:August 24,2010 Page 4 of 6
Payment cannot be made unless these activity logs are included.
The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis
Patrol Activity Logs shall be submitted to your Target Zero Manager for review The
Target Zero Manager will forward these documents to WTSC for processing and
payment.
10. DEADLINES FOR CLAIMS:
a. First Deadline: All claims for reimbursement for emphasis conducted from
October 1, to June 30, must be received by WTSC no later than August 15.
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15.
Requests for reimbursement received after these dates will not be honored by
the WTSC.
WTSC will NOT accept or pay faxed copies of any claims
11. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from KENT POLICE
DEPARTMENT, and a mutually agreed upon third party. The dispute panel shall decide
the dispute by majority vote.
12 TERMINATION Either party may terminate this agreement upon 30 days written
notice to the other party. In the event of termination of this Agreement, the terminating
party shall be liable for the performance rendered prior to the effective date of
termination
13. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project
supplant the normally budgeted funds of this agency nor do these funds pay for routine
traffic enforcement normally provided by this agency.
IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.
(Agency) (Washington Traffic Safety
Commission)
(Signature)
(Date) (Date)
Created:August 24,2010 Page 5 of 6
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7H
1. SUBJECT: SEATTLE POLICE DEPARTMENT INTERAGENCY AGREEMENT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Kent Police Department to receive
reimbursement funds for overtime not to exceed $5,000 from the Seattle Police
Department.
The Agreement pertains to an interagency gang enforcement work group under
the direction of the Seattle Police Department. Kent Police Department officers
will work with the multi-Jurisdictional task force to implement a coordinated
approach to reducing crime and related activities perpetrated by identified
criminal gangs in hot spot emphasis areas.
The agreement is in effect until June 30, 2011.
3. EXHIBITS: Interagency Agreement
4. RECOMMENDED BY: Public Safety Committee 11/9/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? Y Revenue? Y
Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
S�ATTI
pot,l SPD E Seattle Police Department
r�
Interagency Agreement (IA) executed with
City of Kent
Via: SFY 2011 GANG ENFORCEMENT AND INTERVENTION -JAG PROGRAM(F10-34021-045)
IA Title:
The Reduction of Criminal and Violent Gang Activities in Local
Communities by Law Enforcement and Prevention
For
Purposes of building on the success of the previous coordinated regional effort, the Seattle
Police Department (SPD) will conduct emphasis patrols focusing on gang related activity
occurring in Seattle and surrounding area working in collaboration with specific regional law
enforcement agencies
The mission is to interdict gang violence by proactive enforcement measures as well as
follow-up investigations, meeting regularly with regional partners to share information, provide
leads on individual cases and gang members to accomplish quicker apprehension and
stronger criminal cases for presentation to the Prosecutors Office, as well open avenues for
increasing Federal Prosecution
IA Start Date- July 1, 2010
WHEREAS, the City submitted an application to the State of Washington Department of
Commerce to request Edward Byrne Memorial Justice Assistance Grant (JAG) Program
funds, and;
WHEREAS, based on the City's successful application, the Department of Commerce $276,707
to the City of Seattle from these JAG funds, and
WHEREAS, multiple jurisdictions including the Cities of Seattle, Auburn, Burien, Des Moines,
Federal Way and Tukwila have many prevention, intervention and suppression efforts
coming together in 2010 These efforts provide a comprehensive and meaningful platform
from which to respond to the rise in gang violence, while meeting the intended purpose of
the grant funding provided by the Federal Government This unprecedented collaboration,
first initiated in 2009, brings all of the stakeholders together to provide support, resources
and accountability to those young people, and their families, struggling with the myriad of
issues that often lead youth into gangs, and
WHEREAS, these participating jurisdictions are continuing a Gang Enforcement Work Group for
purposes of reducing gang activity through a cooperative approach,
WHEREAS, the grant program funding will provide:
❖ A regional Gang Specialist Police Officer in the Burien Police Department (BPD),
Overtime-funding for selected regional police agencies necessary to conduct pro-
active and follow-up investigations in identified hot spot areas
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures on the Face Sheet as follows
FACE SHEET
Grant Number: F10-34021-045
City of Seattle
Seattle Police Department (SPD)
SFY 2011 GANG ENFORCEMENT AND INTERVENTION -JAG PROGRAM
CONTRACT No 2010 IA COMM-5
1. Contractor's Name and Address: 2. Contractor Doing Business As (Optional) t
City of Kent N/A
232 Fourth Ave. South
Kent, WA. 98032
3. Contractor Representative 4. SPD Representative
Printed Name Rafael Padilla Printed Name Michael Washburn
Title Lt Title Captain (206) 684.5551
P O. Box 34986
Phone: 253 266.6848 610 Fifth Avenue, Seattle,WA 98124-4986
5. Contract Amount 6. Funding Source 7. Start Date 8. End Date
$ Federal X I State I Other N/Aj I July 1 2010 June 30 2011
9. Federal Funds (as applicable) Federal Aaency CFDA Number
Department of Justice 16 738
10. Contract Purpose
To provide U S Department of Justice, Bureau of Justice Assistance, funding to address violent and gang
related crime, and to improve the criminal justice system within Washington State
defined and hereinafter referred o as the Seattle Police Department, and the Contractor, acknowledge and accept
the terms of the Grant referenced, including attachments, and have executed this Interagency Agreement(IA) on the dat
referenced above. The rights and obligations of both parties to this IA are governed by the Grant referenced and the
following other documents incorporated by reference Special Terms and Conditions including Exhibit"A" Special
Additional Provisions; Exhibit"B"—Scope of Work, Exhibit"C"— Budget, and the Contractor's Certifications and
Assurances as may be required by SPD, as pre-requisites for execution of this Agreement
FOR THE CONTRACTOR FOR THE CITY
Signature John Diaz, Chief of Police
'Printed Name Steve Strachan Seattle Police Department
Title Chief of Police
Date. Date.
Authorized By
Ordinance 2010 4`h Quarter Supplemental
Grant Program SFY2011 GANG ENFORCEMENT AND
INTERVENTION-JAG PROGRAM
1
SPECIAL TERMS AND CONDITIONS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, Issued by the Contractor describing programs or projects funded in
whole or in part with federal funds under this Agreement, shall contain the following statements
"This project was supported by State Contract No F10-34021-045 awarded by the State of
Washington Department of Commerce from grant funding from the United States
Department of Justice Points of view in this document are those of the author and do not
necessarily,represent the official position or policies of the United States Department of
Justice, or the State of Washington Grant funds are administered by the Seattle Police
Department, City of Seattle "
SPD, as a recipient of a SFY 2011 Gang Enforcement and Intervention -JAG Program Grant
(hereinafter"grant")funds is legally obligated and must meet accountability and reporting
1 requirements under the grant The City of Seattle or the federal funding source may also identify
additional requirements or other changes in requirements Such requirements maybe in statute,
regulation, policy, or procedure SPD is responsible for incorporating these requirements into the
performance of this Grant
2. TERM OF AGREEMENT
The term of this Agreement shall be as specified in block seven and eight of this Agreement's Face
Sheet, unless amended, as mutually agreed upon
3. AGREEMENT MANAGEMENT
The Authorized Representative for each of the parties, as identified on the Face Sheet of this
Agreement, shall be responsible for and shall be the contact person for all communications and
billings regarding the performance of this Agreement
4. SPECIAL ADDITIONAL PROVISIONS
The Contractor agrees to comply with the grant program specific additional financial and
administrative provisions (i e., Special Conditions), as described in Exhibit A
5. SCOPE OF WORK
The scope of work for this Agreement shall be all actions necessary or incidental to the
implementation of the project as detailed in Exhibit B
6. COMPENSATION
SPD shall pay an amount not to exceed the amount specified in block five of this Agreement's Face
Sheet for the performance of all things necessary for or incidental to the performance of work as set
forth in the Scope of Work and consistent with the Budget in Exhibit C
7. BILLING PROCEDURES AND PAYMENT
SPD will pay Contractor upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for SPD on at least a quarterly basis, though
not more often than monthly The Contractor will utilize only invoice forms provided by SPD to
request reimbursement under this Agreement, unless otherwise specified
If the Contractor is past due in submitting any required periodic activity reports, SPD shall withhold
payment of all invoices until the required reports are received Payment shall be considered timely if
made by SPD within thirty (30) calendar days after receipt of properly completed invoices or receipt of
past due activity reports, whichever is later Payment shall be sent to the address designated by the
Contractor
SPD may, in its sole discretion, terminate the Agreement or withhold payments claimed by the
Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or
IA Kent PD-Federal Funding Page 2
SPECIAL TERMS AND CONDITIONS
condition of this Agreement No payments in advance or in anticipation of services or supplies to be
provided under this Agreement shall be made by SPD
Disallowed Costs
The Contractor is responsible for any audit exceptions or disallowed costs incurred by Its own
organization or that of its subcontractors, if applicable.
8. REPORTING REQUIREMENTS
Each request for reimbursement, whether submitted monthly or quarterly, will be accompanied by a
narrative progress report Reports must include the Contractor's progress in implementing the scope
of work, including any problems encountered and possible cost overruns or under runs,
9. INDEMNITY
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
City of Seattle, SPD, all other agencies of the City and all officers, agents and employees of the City,
from and against all claims or damages for injuries to persons or property or death arising out of or
incident to the performance or failure to perform the work under this Agreement The Contractor's
obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents,
employees, representatives, or any subcontractor or its agents, employees, or representatives
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated or
reduced by any actual or alleged concurrent negligence of the City or its agents, agencies,
employees and officers
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor,
SPD, the City of Seattle, its officers, employees and authorized agents
The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the City and its agencies, officers, agents or employees and the parties
agree that this waiver has been the subject of mutual negotiation
10. ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving
precedence in the following order
• Applicable federal and state of Washington statutes and regulations
■ Special Additional Provisions—Exhibit A
■ Special Terms and Conditions
• Scope of Work—Exhibit B
■ Budget— Exhibit C
• General Terms and Conditions
IA Kent PD-Federal Funding Page 3
i
GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
As used throughout this Agreement, the following terms shall have the meaning set forth below
A. "City" shall mean the City of Seattle
B. "Contractor" shall mean the entity identified on the Face Sheet performing service(s) under this
Interagency Agreement, and shall include all employees and agents of the Contractor May also
be referred to as the "vendor" and provides services on a fee-for-service or per-unit basis with
contractual liability if the entity fads to meet program performance standards
C. "Department" shall mean the Seattle Police Department
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers
E. "SPD" shall mean the Seattle Police Department
F. "Subcontractor'shall mean entities that contract directly with the Contractor.
G. "Sub recipient" shall mean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce
2, ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto
3. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind each of the parties
Only the Authorized Representative or Authorized Representative's designee by writing (designation
to be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Agreement.
4. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the "ADA' 28 CFR Part 35
The Contractor must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications
5. APPROVAL
This Agreement shall be subject to the written approval of the Chief of Police, Seattle Police
Department, or designee, and shall not be binding until so approved The Agreement may be altered,
amended, or waived only by a written amendment executed by both parties
6. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned
by the Contractor without prior written consent of SPD
7. AUDIT
A. General Requirements
4
j
GENERAL TERMS AND CONDITIONS
Contractors are to procure audit services based on the following guidelines
The Contractor shall maintain its records and accounts so as to facilitate the audit requirement
and shall ensure that subcontractors also maintain auditable records, as applicable The
Contractor is responsible for any audit exceptions incurred by its own organization or that of its
subcontractors, as applicable
SPD reserves the right to recover from the Contractor all disallowed costs resulting from the
audit
As applicable, Contractor's required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS), Government Auditing
Standards (the Revised Yellow Book) developed by the Comptroller General
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report The Contractor must respond to SPD requests for information or
corrective action concerning audit issues within thirty (30) days of the date of request
B. Federal Funds Requirements -OMB Circular A-133 Audits of States, Local Governments
and Non-Profit Organizations
Non-federal entities expending $500,000 or more in a fiscal year in federal funds from all sources,
direct and indirect, are required to have an audit conducted in accordance with Office of
Management and Budget(OMB) Revised Circular A-133"Audits of States, Local Governments,
and Non-Profit Organizations " Revised OMB A-133 requires the Grantees to provide the auditor
with a schedule of Federal Expenditure for the fiscal year(s) being audited, The Schedule of
State Financial Assistance must be included Both schedules include
■ Grantor agency name ■ Total award amount including amendments
(total grant award)
■ Federal agency 0Beginning balance
■ Federal program name ■ Current year revenues
■ Other identifying contract numbers ■ Current year expenditures
■ Catalog of Federal Domestic Assistance ■ Ending balance
(CFDA) number
■ Grantor contract number 0Program total
If the non-federal entity is a state or local government entity, the Office of the State Auditor shall
conduct the audit Audits of non-profit organizations are to be conducted by a certified public
accountant selected by the non-federal entity in accordance with OMB Circular A-110"Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals, and Other Non-Profit Organizations "
The Contractor shall include the above audit requirements in any subcontracts In any case, the
Contractor's financial records must be available for review by SPD and by City, state or federal
auditors, as applicable
C. Documentation Requirements
The Contractor must send a copy of any required audit Reporting Package as described in OMB
Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the
Contractor's fiscal year(s) to
Seattle Police Department
ATTN Fiscal Section
PO Box 34986
610 Fifth Ave
Seattle, WA 98124-4986
In addition to sending a copy of the audit, when applicable, the Contractor must include
5
GENERAL TERMS AND CONDITIONS
■ Corrective action plan for audit findings within three (3) months of the audit being received by
SPD
■ Copy of the Management Letter.
8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Contractor certifies by signing these General Terms and Conditions that to the best of its
knowledge and belief they:
1) Are not presently debarred, suspended, proposed for debarment, declared in-eligible, or
voluntarily excluded from covered transactions by any Federal department or agency
2) Have not within a three-year period preceding this Agreement, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public or private agreement
or transaction, violation of Federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax
evasion, receiving stolen property, making false claims, or obstruction of justice,
3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, state, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this section, and
4) Have not within a three-year period preceding the signing of this Agreement had one or more
public transactions (Federal, state, or local) terminated for cause of default
B. Where the Contractor is unable to certify to any of the statements in this grant, the Contractor
shall attach an explanation to this Agreement
C. The Contractor agrees by signing this grant that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by SPD.
D. The Contractor further agrees by signing this grant that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier
Covered Transaction," as follows, without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions
LOWER TIER COVERED TRANSACTIONS
1) The lower tier subcontractor certifies, by signing this Agreement that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or
agency
2) Where the lower tier subcontractor is unable to certify to any of the statements in this
Agreement, such sub contractor shall attach an explanation to this Agreement
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549 (49 CFR, part 29)
9. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes
1) All material provided to the Contractor by SPD that is designated as"confidential" by SPD,
2) All material produced by the Contractor that is designated as"confidential" by SPD, and
- 3) All personal information in the possession of the Contractor that may not be disclosed under
state or federal law "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
6
GENERAL TERMS AND CONDITIONS
identifying numbers, and"Protected Health Information" under the federal Health Insurance j
Portability and Accountability Act of 1996 (HIPAA)
B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information The Contractor shall use Confidential Information
solely for the purposes of this Agreement and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of SPD or as may
be required by law The Contractor shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto Upon request,
the Contractor shall provide SPD with its policies and procedures on confidentiality SPD may
require changes to such policies and procedures as they apply to this Agreement whenever SPD
determines that changes are necessary to prevent unauthorized disclosures The Contractor
shall make the changes within the time period specified by SPD Upon request, the Contractor
shall immediately return to SPD any Confidential Information that SPD determines has not been
adequately protected by the Contractor against unauthorized disclosure
C. Unauthorized Use or Disclosure The Contractor shall notify SPD immediately of any
unauthorized use or disclosure of any confidential information, and shall take necessary steps to
mitigate the harmful effects of such use or disclosure
10. COMPLIANCE WITH APPLICABLE LAWS
The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended, including, but not limited to
United States Laws, Regulations and Circulars (Federal)
A. Audits
■ Office of Management and Budget(OMB) Revised Circular A-133 "Audits of States. Local
Governments and Non-Profit Organizations "
B. Labor and Safety Standards
■ Convict Labor, 18 U S C 751, 752, 4081, 4082
■ Drug-Free Workplace Act of 1988, 41 USC 701 et seq.
• Federal Fair Labor Standards Act, 29 U S C 201 et seq.
■ Work Hours and Safety Act of 1962, 40 U S C. 327-330 and Department of Labor
Regulations, 29 CFR Part 5
C. Laws against Discrimination
• Age Discrimination Act of 1975, Public Law 94-135, 42 U S C. 6101-07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs
■ Americans with Disabilities Act of 1990, Public Law 101-336
• Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order
11375 and supplemented in U S Department of Labor Regulations, 41 CFR Chapter 60
■ Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102
■ Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section
503, 29 U S C 793
■ Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section
504, 29 U S C Section 794
■ Minority Business Enterprises, Executive Order 11625, 15 U S C 631.
■ Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551
■ Nondiscrimination and Equal Opportunity, 24 CFR 5 105(a)
■ Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42
U S C 2002d et seq, 24 CFR Part 1
• Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352
■ Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42
U S C 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60
■ Section 3, Housing and Urban Development Act of 1968 12 USC 17001 u (See 24 CFR
570 607(b))
r
7
GENERAL TERMS AND CONDITIONS
D. Office of Management and Budget Circulars
■ Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR,
Part 225.
■ Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Grantee is a
nonprofit organization)
■ Grants and Cooperative Agreements with State and Local Governments, OMB Circular
A-102, (if the Grantee is a local government or federally recognized Indian tribal government).
■ Uniform Administrative Requirements for Grants and Other Agreements with Institutions of
Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110
E. Other
Anti-Kickback Act, 18 U S C 874, 40 U S C 276b, 276c, 41 U S C 51-54
■ Governmental Guidance for New Restrictions on Lobbying, Interim Final Guidance, Federal
Register 1, Vol 54, No 243\Wednesday, December 20, 1989
■ Hatch Political Activity Act, 5 U S C 1501-8
■ Internal Revenue Service Rules, August 31, 1990
■ Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying
Amendment) 31 U S C 1352 provides that Grantees who apply or bid for an award of
$100,000 or more must file the required certification Each tier certifies to the tier above that
it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or other award covered by 31 U S C
1352 Each tier must disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award Such disclosures are forwarded from tier to tier
up to the recipient
■ Non-Supplanting Federal Funds
■ Section 8 Housing Assistance Payments Program.
F. Privacy
Privacy Act of 1974, 5 U S C 552(a)
Washinqton State Laws and Regulations
■ Affirmative action, RCW 41 06 020 (11)
■ Boards of directors or officers of non-profit corporations—Liability-Limitations, RCW
4 24 264
■ Disclosure-campaign finances-lobbying, Chapter 42 17 RCW
■ Discrimination-human rights commission, Chapter 49 60 RCW
■ Ethics in public service, Chapter 42 52 RCW
■ Office of Minority and Women's Business Enterprises, Chapter 39 19 RCW and Chapter 326-
02 WAC
■ Open public meetings act, Chapter 42 30 RCW
■ Public records act, Chapter 42 56 RCW.
■ State budgeting, accounting, and reporting system, Chapter 43 88 RCW
11. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Agreement shall be considered "works
for hire" as defined by the U.S Copyright Act and shall be owned by SPD SPD shall be considered
the author of such Materials In the event the Materials are not considered "works for hire" under the
U S Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all
Materials, including all intellectual property rights, and rights of publicity to SPD effective from the
moment of creation of such Materials
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights
8
GENERAL TERMS AND CONDITIONS
For Materials that are delivered under the Agreement, but that incorporate pre-existing materials not
produced under the Agreement, the Contractor hereby grants to SPD a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display The Contractor warrants
and represents that the Contractor has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to SPD
The Contractor shall exert all reasonable effort to advise SPD, at the time of delivery of Materials '
furnished under this Agreement, of all known or potential invasions of privacy contained therein and
of any portion of such document which was not produced in the performance of this Agreement The
Contractor shall provide SPD with prompt written notice of each notice or claim of infringement
received by the Contractor with respect to any Materials delivered under this Agreement SPD shall
have the right to modify or remove any restrictive markings placed upon the Materials by the
Contractor.
12. DISALLOWED COSTS
The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subcontractors, as applicable
13. DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between the parties and it
cannot be resolved by direct negotiation, either party may request a dispute hearing with SPD's Chief
of Police, who may designate a third party arbitrator/mediator to decide the dispute
The request for a dispute hearing must.
■ Be in writing,
■ State the disputed issues,
• State the relative positions of the parties;
■ State the Contractor's name, address, and Agreement title; and
• Be mailed to the Chief of Police and the other party's Agreement Representative within three (3)
working days after the parties agree that they cannot resolve the dispute
The Agreement Representative shall send a written answer to the requestor's statement to both the
Chief of Police or the Chief's designee and the requestor within five (5)working days
The Chief of Police or designee shall review the written statements and reply in writing to both parties
within ten (10)working days The Chief of Police or designee may extend this period if necessary by
notifying the parties
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding
The parties further agree that this dispute process shall precede any action in a judicial or quasi-
judicial tribunal Nothing in this Agreement shall be construed to limit the parties' choice of a mutually
acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure
outlined above
14. DUPLICATE PAYMENT
The Contractor certifies that work to be performed under this Agreement does not duplicate any work
to be charged against any other Agreement, or other source
IS. EQUAL OPPORTUNITY TREATMENT FOR FAITH BASED ORGANIZATIONS
The Contractor agrees to comply with the applicable requirements of 28 CFR Part 38, the Department
of Justice regulation
9
GENERAL TERMS AND CONDITIONS
16. ETHICSICONFLICTS OF INTEREST
In performing under this Agreement, the Contractor shall assure compliance with the Ethics in Public
Service Act(Chapter 42 52 RCW) and any other applicable city, state or federal law related to ethics
or conflicts of interest
17. GOVERNING LAW AND VENUE
' This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and the City of Seattle, and the venue of any action brought hereunder shall be in the
Superior Court for King County,Washington
18. INDEMNIFICATION
To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the
City of Seattle, SPD, all other agencies of the City and all officers, agents and employees of the City,
from and against all claims or damages for injuries to persons or property or death arising out of or
incident to the performance or failure to perform the work under this Agreement The Contractor's
obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents,
employees, representatives, or any subcontractor or its agents, employees, or representatives
The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated or
reduced by any actual or alleged concurrent negligence of the City or its agents, agencies,
employees and officers
Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor,
SPD, the City of Seattle, its officers, employees and authorized agents
The�Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the City and its agencies, officers, agents or employees and the parties
agree that this waiver has been the subject of mutual negotiation
19. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Agreement The
Contractor and its employees or agents performing under this Agreement are not employees or
agents of the City of Seattle or SPD The Contractor will not hold itself out as or claim to be an officer
or employee of SPD or of the City of Seattle by reason hereof, nor will the Contractor make any claim
of right, privilege or benefit which would accrue to such officer or employee under law Conduct and
control of the work will be solely with the Contractor
20. INDUSTRIAL INSURANCE COVERAGE
The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance If
the Contractor fads to provide industrial insurance coverage or fads to pay premiums or penalties on
behalf of its employees as may be required by law, SPD may collect from the Contractor the full
amount payable to an account fund designated by SPD SPD may deduct the amount owed by the
Contractor to the said fund from the amount payable to the Contractor by SPD under this Agreement,
and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of
Insurance Services This provision does not waive any of L& I's rights to collect from the Contractor
' 21. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Agreement, the Contractor shall comply with all federal, state, and
local nondiscrimination laws, regulations and policies In the event of the Contractor's non-compliance
or refusal to comply with any nondiscrimination law, regulation or policy, this Agreement may be
rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible
for further contracts Grants with the City in accordance with the City's debarment procedures The
Contractor shall, however, be given a reasonable time in which to cure this noncompliance Any
dispute may be resolved in accordance with the"Disputes" procedure set forth herein
10
GENERAL TERMS AND CONDITIONS
22. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42 17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508
No funds may be used under this Agreement for working for or against ballot measures or for or
against the candidacy of any person for public office
23. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS '
A Contractor which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative
Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this
Agreement.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with
OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit
Agencies, for all purchases funded by this Agreement
The Contractor's procurement system shall include at least the following-
A. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of sub contracts using federal funds
B. Procedures that ensure all procurement transactions shall be conducted in a manner to provide,
to the maximum extent practical, open and free competition
C. Minimum procedural requirements, as follows
1) Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items.
2) Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items
3) Positive outreach efforts shall be made to encourage the use of small, women and minonty-
owned businesses
4) The type of procuring instrument(fixed price, cost reimbursement) shall be determined by the
Contractor, but must be appropriate for the particular procurement and for promoting the best
interest of the program involved.
5) Subcontracts shall be made only with qualified subcontractors who possess the potential
ability to perform successfully under the terms and conditions of the proposed procurement.
6) Some form of price or cost analysis shall be performed in connection with every procurement
action
7) Procurement records and files for purchases shall include all of the following;
a. Contractor's selection or rejection,
b. The basis for the cost or price
c Justification for lack of competitive bids if offers are not obtained.
8) A system for contract administration to ensure Contractor conformance with terms, conditions
and specifications of this Agreement, and to ensure adequate and timely follow-up of all
purchases.
D. Contractor and Subcontractors, if applicable, must receive prior approval from SPD for using
funds from this Agreement to enter into a sole source contract or a contract where only one bid or
proposal is received when value of this contract is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related procurement
documents and justification for non-competitive procurement, if applicable
11
GENERAL TERMS AND CONDITIONS
24. PUBLICITY
The Contractor agrees not to publish or use any advertising or publicity materials in which the City of
Seattle or SPD's name is mentioned, or language used from which the connection with the City of
Seattle or SPD's name may reasonably be inferred or implied, without the prior written consent of
SPD
' 25. RECAPTURE
In the event that the Contractor fails to perform this Agreement in accordance with local laws, state
laws, federal laws, and/or the provisions of this Agreement, SPD reserves the right to recapture funds
in an amount to compensate SPD for the noncompliance in addition to any other remedies available
at law or in equity
Repayment by the Contractor of funds under this recapture provision shall occur within the time
period specified by SPD In the alternative, SPD may recapture such funds from payments due under
this Agreement or due under other agreement the Contractor may have with the City of Seattle.
26. RECORDS MAINTENANCE
The Contractor shall maintain all books, records, documents, data and other evidence relating to this
Agreement_and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Agreement Contractor shall retain such records for a
period of six years following the date of final payment If any litigation, claim or audit is started before
the expiration of the six(6) year period, the records shall be retained until all litigation, claims, or audit
findings involving the records have been finally resolved.
27. RIGHT OF INSPECTION
At no additional cost all records relating to the Contractor's performance under this Agreement shall
be subject at all reasonable times to inspection, review, and audit by SPD, the Office of the State
Auditor, the City of Seattle's Auditor, federal auditor and City, federal and state officials so authorized
by law, in order to monitor and evaluate performance, compliance, and quality assurance under this
Agreement The Contractor shall provide access to its facilities for this purpose
28. SAVINGS
In the event funding from federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to normal completion, SPD may terminate the
Agreement under the "Termination for Convenience" clause, without the ten business day notice
requirement In lieu of termination, the Agreement may be amended to reflect the new funding
limitations and conditions
29. SUBCONTRACTING
The Contractor may only subcontract work contemplated under this Agreement if it obtains the prior
- written approval of SPD.
If SPD approves subcontracting, the Contractor shall maintain written procedures related to
subcontracting, as well as copies of all subcontracts and records related to subcontracts For cause,
SPD in writing may (a) require the Contractor to amend its subcontracting procedures as they relate
to this Agreement, (b) prohibit the Contractor from subcontracting with a particular person or entity, or
(c) require the Contractor to rescind or amend a subcontract
Every subcontract shall bind the subcontractor to follow all applicable terms of this Agreement The
Contractor is responsible to SPD if the subcontractor fails to comply with any applicable term or
condition of this Agreement The Contractor shall appropriately monitor the activities of the
subcontractor to assure compliance with requirements of this Agreement In no event shall the
12
GENERAL TERMS AND CONDITIONS
existence of a subcontract operate to release or reduce the liability of the Contractor to SPD for any
breach in the performance of the Contractor's duties.
Every subcontract shall include a term that SPD and the City of Seattle are not liable for claims or
damages arising from a subcontractor's performance of the subcontract
30. TERMINATION FOR CAUSE/SUSPENSION
In the event SPD determines that the Contractor faded to comply with any term or condition of this j
Agreement, SPD may terminate the Agreement in whole or in part upon written notice to the
Contractor Such termination shall be deemed "for cause " Termination shall take effect on the date
specified in the notice
In the alternative, SPD upon written notice may allow the Contractor a specific period of time in which
to correct the non-compliance During the corrective-action time period, SPD may suspend further
payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties
under this Agreement Failure by the Contractor to take timely corrective action shall allow SPD to
terminate the Agreement upon written notice to the Contractor
"Termination for Cause" shall be deemed a "Termination for Convenience"when SPD determines that
the Contractor did not fad to comply with the terms of the Agreement or when SPD determines the
failure was not caused by the Contractor's actions or negligence
If the Agreement is terminated for cause, the Contractor shall be liable for damages as authorized by
law, including, but not limited to, any cost difference between the original Agreement and the
replacement Agreement, as well as all costs associated with entering into the replacement
Agreement(i e , competitive bidding, mailing, advertising, and staff time)
31. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement SPD may, by ten (10) business days written notice,
beginning on the second day after the mailing, terminate this Agreement, in whole or in part If this
Agreement is so terminated, the City shall be liable only for payment required under the terms of this
Agreement for services rendered or goods delivered prior to the effective date of termination
32. TERMINATION PROCEDURES
After receipt of a notice of termination, except as otherwise directed by SPD, the Contractor shall
A. Stop work under the Agreement on the date, and to the extent specified, in the notice,
B. Place no further orders or subcontracts for materials, services, or facilities related to the
Agreement, and
C. Preserve and transfer any materials, Agreement deliverables and/or SPD property in the
Contractor's possession as directed by SPD
Upon termination of the Agreement, SPD shall pay the Contractor for any satisfactory service
provided by the Contractor under the Agreement prior to the date of termination SPD may withhold
any amount due as SPD determines is necessary to protect SPD against potential loss or liability
resulting from the termination The City shall pay any withheld amount to the Contractor if SPD later
determines that loss or liability will not occur
The rights and remedies of SPD under this section are in addition to any other rights and remedies
provided under this Agreement or otherwise provided under law
13
Exhibit A
SPECIAL ADDITIONAL PROVISIONS
Non-supplanting of State and Local Funds (if applicable -- consult the program solicitation
and the special conditions in the award document)
Grantees or Contractors, as applicable, must use federal funds to supplement existing State
and local funds for program activities and must not replace (supplant) State or local funds that
they have appropriated or allocated for the same purpose Potential supplanting will be the
subject of monitoring and audit Violations may result in a range of penalties, including
suspension of current and future funds under this program, suspension or debarment from
federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties.
For additional guidance regarding supplanting, refer to the information provided at
http//www oip usdol gov/financialguide/part2/part2chap3 htm
MATCH REQUIREMENT
Federal funds awarded under this program do not require match with local funds Grant
program regulations require that all grant funds are subject to the provisions of the JAG
Program Policy and Procedures Manual published by the Department of Commerce,
Supplanting of funds is prohibited.
ALLOWABLE COSTS
Allowable uses of federal grant funds include, but are not limited to, the following'
• General salaries and personnel costs as reflected in the application and approved contract
• Equipment and services supporting the project as reflected in the application and approved
contract
• Travel, training, and per diem at standard rates for activities supportive of the operation of the
project
• Expenditures for the purchase of evidence and information in accordance with the application
and approved contract.
Unallowable uses of federal grant funds include, but are not limited to, the following:
• Construction.
• Procurement of vehicles except as specified in the application
• Procurement of land
• Contingency funds.
•Automatic and other military-class weapons
• Victims' compensation
• Direct reimbursement of victim or witness expenses.
• Payment of fines or legal penalties
• Payment of rewards
14
Exhibit B
Scope of Work
The scope of work for this Agreement shall be all actions necessary or incidental to the
implementation of the project in furtherance of the City's Grant funding obligations supporting
the activities described in this Agreement, presented in two parts Regional Work Group and
Agency-specific
General Protect Narrative (Regional Ganq Work Group)
Beginning in February 2008 the Seattle Police Department began a unique and, to date, very
successful collaboration with law enforcement agencies throughout South King County to
address the ever increasing rise in gang violence Part of this effort was funded through an
earlier grant through the Washington Association of Sheriffs and Police Chiefs (WSPC) that
provided overtime money for law enforcement agencies to conduct joint emphasis operations
This has proven to be an outstanding mechanism for augmenting the efforts of the SPD Gang
Unit in addressing the cross-jurisdictional issues that have made interdicting in gang violence so
difficult In addition, the group continues to meet regularly to share information, providing leads
on individual cases and gang members which has led to quicker apprehension and stronger
criminal cases being presented to the Prosecutors Office and opening avenues for Federal
Prosecution Funds from this funding opportunity would build on the success of the coordinated
effort
The Seattle Police Department (SPD) is proposing conducting emphasis patrols focusing on
gang related activity occurring in Seattle and surrounding area working in collaboration with the
following law enforcement partner agencies- Auburn, Federal Way, Des Moines, Kent, Tukwila,
and Renton The funding from the grant would include overtime funds to be shared with
regional partners (consistent with the OT Budget included in Form 3) to address gang related
crimes in areas that have been known to draw gang activity, including Alki Beach, Rainier and
Henderson, Belltown and public parks and community festivals The potential for truly innocent
Victims to be caught in the crossfire of the dangerous criminal activity that occurs when gang
members choose these areas to play out their rivalries and "pay backs" is very high.
Included in this approach is funding for one Gang Unit Detective in the Burien Police
Department One of the major successes of the previous grant, as indicated earlier, was the
relationship and information sharing that has occurred between regional police departments.
Key to this is the work of Detective Gagliardi, who has become an expert in gang activity and
affiliations, (especially Latino gangs) in the region. With the budget shortfalls the County is
facing, there is a very real possibility that the position he currently occupies may be eliminated.
Regional Work Group Mission
To interdict gang violence by proactive enforcement measures as well as follow-up
investigations, meeting regularly with regional partners to share information, provide leads on
individual cases and gang members to accomplish quicker apprehension and stronger criminal
cases for presentation to the Prosecutors Office, as well open avenues for increasing Federal
Prosecution.
Regional Work Group Goals & Objectives
1 ) Increase the number of Gang Emphasis Patrols supported by overtime, including joint
emphasis patrols where possible;
2 ) Increase the number of overtime hours used for proactive gang-related enforcement,
interdiction, and investigation
15
Exhibit B
3 ) Reduce overall gang and youth violence activity through cooperative and collaborative
measures with participating jurisdictions;
4.) Participate in collecting and disseminating regional information on gang/violent youth
members and investigations; and
5 ) Participate in the strategic planning and execution of gang/youth violence emphasis
enforcement throughout King County
Regional Work Group Expected Outcomes
1 ) Reduction in overall gang and youth violence activity through cooperative and collaborative
measures with participating jurisdictions,
2.) Increased efficiency in the collection and dissemination of regional information on
gang/violent youth members and investigations,
3.) Increased collaboration in the strategic planning and execution of gang/youth violence
emphasis enforcement throughout King County,
4 ) Increased effectiveness in stronger gang violence case referral to the Prosecutor's Office, as
well as enhancing avenues leading to federal prosecution, and
5.) Decrease in the gang related crime rate
Description of Data Supporting Outcomes
1) Number of Joint Emphasis Patrols or Gang Unit Operations supported by overtime
2) Number and type of gang related crimes
3) Number and type of gang related arrests
4) Number of gang related investigative reports involving weapons
5) Decrease in gang related crime rate
6) Number of gang members or affiliates contacted
Performance Measure/Measurable Activities
1 ) Increase Emphasis Patrol overtime by 136 hours per month for 12 months;
2 ) Increase the capacity for more complex and multi-jurisdictional investigations of gang related
crimes,
3 ) Increase the number and type of gang related arrests;
4 ) Increase the number of gang related investigative reports involving weapons; and
5 ) Accomplish stronger gang violence case referral to the Prosecutor's Office, as well as
enhance avenues leading to federal prosecution.
Agency-specific Description of Services
Under the direction of SPD's Gang Lieutenant, who will function as the Coordinator of the
Special Gang Enforcement Work Group, SPD officers along with Kent Police Department (KPD)
officers will implement a coordinated approach to reducing crime and related activities
perpetrated by identified criminal gangs in hot spot emphasis areas
SPD will utilize Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds
provided State Department of Commerce to reimburse KPD to work on a pre-approved overtime
basis under the coordination of SPD's Gang Unit Lieutenant; to conduct pro-active and follow-up
investigations in identified hot spot areas. In order to be reimbursable, SPD's Gang Lieutenant
must approve overtime worked by KPD police personnel in advance
Operational Standards
KPD agrees to participate in the Special Gang Enforcement Work Group and attend monthly
planning meetings of the group, and as necessary.
KPD agrees to attend court proceedings relating to cases that arise from working on the Special
Gang Enforcement Work Group at the employing jurisdiction's expense.
16
Exhibit B
KPD agrees that informants are managed by the jurisdiction that the investigation arises out of
To ensure timely quarterly statistical reporting to the Department of Commerce, KPD agrees to
maintain accurate records pertaining to gang contacts, investigations and arrests that will be
collected and forwarded not less than monthly to Acting Lt Steve Jandoc, Seattle Police
Department, P O Box 34986, Seattle, WA 98124-4986 (A Gang-Crime Data Reporting Form is
included as Exhibit C-Attachment 1 to this Agreement )
KPD also agrees to report progress toward completion of the following Outcome Performance
Measures data on a monthly basis to Acting Lt Steve Jandoc, Seattle Police Department, and
P O BOX 34986, Seattle, WA 98124-4986 Progress reports for the last month of each quarter
shall be submitted by the 25th day of the calendar month Reporting forms shall be provided by
the Department of Commerce via SPD
Reimbursement
Overtime expenses
Each request for overtime reimbursement under this agreement shall be submitted using the
overtime reporting line on the A-19 Form, and shall include the name, rank, overtime
compensation rate, number of reimbursable hours claimed and dates of those hours for each
officer for whom reimbursement is sought Each reimbursement request must be accompanied
by a certification signed by an appropriate supervisor within the KPD that the request has been
personally reviewed, that the information described in this paragraph is accurate, and the
personnel for whom reimbursement is claimed were working on an overtime basis with the
Special Gang Enforcement Work Group
Overtime reimbursement for KPD personnel assigned to the Special Enforcement Work Group
will be calculated at the usual rate for which the individual sworn officer's time would be
compensated in the absence of this agreement, excluding FICA and retirement benefits.
Requests for reimbursements related to overtime expenses shall be submitted using the A-19
Form (Attachment 2), and shall be forwarded to SPD by the 251h of each calendar month Such
requests should be forwarded by KPD's Special Investigations Unit Lieutenant, or as
appropriate, to SPD's Gang Lieutenant Acting Lt Steve Jandoc, Seattle Police Department, and
P O Box 34986, Seattle, WA 98124-4986 for his review, approval and submission to the
Department's Fiscal Section for payment processing The maximum amount to be paid under
this section of the agreement shall not exceed five thousand (5,000.00) Dollars. This amount
may be renewed when exhausted, or modified as necessary, at the discretion of the SPD Gang
Lieutenant
17
Exhibit C
IBudget
The budget for this Agreement shall be the amount specified in Block 5 of this Agreement's Face Sheet
BUDGET
The budget for this contract is as follows.
Category of Expense Amount
Overtime $ 5,000
$
$ 5,000
The CONTRACTOR may not shift funds governed by this Agreement between categories of expense u
express written consent of SPD In addition, in the event that such consent is requested and granted, t
not constitute a significant change of scope to the work performed
Attachment 1
18
Exhibit C
Gang-Crime Data Reporting Form
Special Gang Enforcement Targeting Gang Crime
1. Number of arrests related to Gang Crime:
Comments:
2. Number of gang investigations/arrests involving a drug trafficking organization(DTO):
Comments•
3. Number of overtime hours spent on gang-related activity:
Comments:
4. Number of officer field contacts made:
Comments
5. Number of gang members and gang affiliates contacted:
Comments
6. Number of gang related crimes in jurisdiction:
Comments:
7. Number of gang related arrests in jurisdiction:
Comments•
8. Number of gang related investigative reports involving weapons:
Comments-
I
19
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7I
1. SUBJECT: CORRECTIONS FACILITY FOOD SERVICES AGREEMENT
AMENDMENT - APPROVE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the First Amendment
to the Corrections Facility Food Services Agreement, subject to final approval of
terms and conditions by the City Attorney.
On January 6, 2005, the City and Consolidated Food Management, Inc., entered
into an Agreement to provide food and food preparation services at the Kent
Corrections Facility. That Agreement is set to expire on December 31, 2010.
The City has been satisfied with the services provided by Consolidated Food
Management, Inc., and wishes to extend the contract for an additional five (5)
year term, which will expire on December 31, 2015.
Additionally, the City will institute a cost-saving measure of providing cold
breakfasts in lieu of the breakfast served to inmates during the initial term of the
agreement. Serving a cold breakfast will result in a cost savings to the City of
between $10,081.08 and $10,490.17.
3. EXHIBITS: Agreement
4. RECOMMENDED BY: Public Safety Committee 11/9/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
' Counalmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KENT
waSH �G,o� FIRST AMENDMENT TO THE
GOODS AND SERVICES AGREEMENT BETWEEN THE CITY OF KENT AND
CONSOLIDATED FOOD MANAGEMENT, INC.
THIS FIRST AMENDMENT TO THE GOODS AND SERVICES AGREEMENT BETWEEN THE CITY
OF KENT AND CONSOLIDATED FOOD MANAGEMENT, INC., is made between the CITY OF
KENT, a Washington municipal corporation, hereinafter referred to as "City", and
1 CONSOLIDATED FOOD MANAGEMENT, INC., organized under the state of Washington, and
doing business at 2448 761h S.E., Suite 203, Mercer Island, WA 98040-2744 hereinafter
referred to as "Vendor".
!, RECITALS
A. On January 6, 2005, the City and Vendor entered into an Agreement for Vendor to
provide food and food preparation services at the Kent Corrections Facility ("Facility"). That
Agreement is set to expire on December 31, 2010.
1 B. By this first amendment, the parties agree to extend the term of the original
Agreement for an additional five years, through December 31, 2015, clarify certain
obligations, and revise the level of service as provided for in the Agreement.
NOW THEREFORE, in consideration of the mutual intent, desire and promises of the
parties and other good and valuable consideration, City and Vendor agree as follows:
1. Section II. Time of Completion. Section II, Time for Completion, is amended
to extend the Agreement for an additional five year period through December
31, 2015.
2. Section III. Compensation: The first paragraph of Section III, Compensation,
of the Agreement is hereby stricken, and replaced with the following: The City
shall pay the Vendor at a per meal amount as set forth in Attachment A,
which is based upon a diet of three meals per inmate per day. The cost of
each meal is dependent on the number of inmates served, as reflected in
Attachment A. Annual compensation due to Vendor for the per meal costs
shall be increased effective January 1 of each year, excluding January 1,
2011, based on an amount equal to the increase in the Consumer price Index
for Seattle-Tacoma-Bremerton (All Urban Consumers), June to June ("CPI").
This annual CPI adjustment shall not apply to the costs of paper supplies,
equipment, utensils, or other incidental costs of providing meals.
The second and third paragraph of Section III, Compensation, as set forth in
the Agreement remains unchanged.
3. Cold Breakfast. The Vendor shall, starting January 1, 2011, serve to inmates
a cold breakfast in lieu of the breakfast served to inmates during the initial
five year term of the Agreement. The cold breakfast shall be trayed the night
before by Vendor staff and shall be served by corrections staff the following
morning. The cold breakfast shall be incorporated into a daily menu of 2,600
calories per inmate. Serving a cold breakfast instead of the breakfast served
during the first five year term of the Agreement shall result in a cost savings
to the City of between $10,081.08 and $10,490.17. This cost savings is
FIRST AMENDMENT TO CORRECTIONS FACILITY FOOD SERVICES AGREEMENT - 1
reflected in Attachment A which is incorporated in the amended Section III,
Compensation as set forth above.
4. Except as specifically amended by this First Amendment, all remaining
provisions of the Agreement will remain in full force and effect. In addition,
upon the effective date of this First Amendment, the written provisions and
terms of this First Amendment shall supersede any 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 the Agreement or this First Amendment.
5. The effective date of this First Amendment is January 1, 2011.
IN WITNESS, the parties have executed this First Amendment to the Corrections
Facility Medical Services Agreement.
CITY OF KENT
By:
i
Print Name: Suzette Cooke
Title: Mayor
Date:
Consolidated Food Management, Inc.
By:
Print Name:
Title:
Date:
Approved as to Form: i
i
Arthur"Pat" Fitzpatrick, Deputy City Attorney
p\g#RFHm\Open Files\0446-KenKomecnonsFaality\FimtAmendment]aAFoodAgreement 2011through2015 d=
FIRST AMENDMENT TO CORRECTIONS FACILITY FOOD SERVICES AGREEMENT - 2
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 71
1. SUBJECT: CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT
AMENDMENT - APPROVE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Third Amendment
to the Corrections Facility Medical Services Agreement, subject to final approval
of terms and conditions by the city attorney.
State law requires the City to provide medical services to inmates while they are
housed in our jail. Public Hospital District No. 1 of King County, doing business as
Valley Medical Center Occupational Health Services ("OHS"), started providing
inmate medical services for the City in 1996. In 2002, the City requested bids for
1 jail medical services. OHS was one of the two providers that responded. After
negotiations, OHS was the only remaining bidder. The City's current contract
with OHS has been in effect since 2004.
Staff has been pleased with the services of OHS, which, in addition to general
medical care, has included assistance in reducing costs and assistance in
establishing acceptable accreditation standards. Therefore, staff would like to
enter into an agreement to extend services through December 31, 2015. The
agreement provides that medical services shall be provided at an annual cost of
$404,400.40 for medical staff, plus the cost of supplies.
3. EXHIBITS: Agreement
4. RECOMMENDED BY: Public Safety Committee 11/9/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
KENT
WNSMINGTON THIRD AMENDMENT TO
i CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT
THIS THIRD AMENDMENTTO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT
is made between the CITY OF KENT, a Washington municipal corporation ("City"), and PUBLIC
HOSPITAL DISTRICT NO. 1 OF KING COUNTY (dba Valley Medical Center Occupational Health
Services,) a non-profit municipal corporation organized under the laws of the State of
Washington ("Vendor").
RECITALS
A. On July 29, 2004, the City and Vendor entered into a Corrections Facility Medical
Services Agreement for Vendor to provide comprehensive medical services at the Kent
Corrections Facility ("Facility"). On November 27, 2006, the parties executed a First
Amendment to the Agreement extending the Agreement's term through December 31, 2007,
and later by Second Amendment, extended its term an additional three years, through
December 31, 2010.
B. The parties express their mutual intent and desire to further amend the Agreement to
extend its term an additional five years, through December 31, 2015, clarify certain obligations,
and revise the level of service and compensation provisions of the Agreement
NOW THEREFORE, in consideration of the mutual intent, desire and promises of the
parties and other good and valuable consideration, City and Vendor agree as follows.
1. Section II, Time for Performance, is amended to extend the Agreement for an
additional five year period through December 31, 2015.
2. Section III, Level of Service and Compensation, Subsection A, Staff - Level of
Service and Hourly Rates, and Subsection B, Estimated Administrative
Expenses, are amended to delete those subsections in their entirety and
replace them with the following:
A. Staff - Level of Service and Hourly Rates. Staffing levels and hourly
rates are set forth below The staffing levels may be altered at the request of the
City with thirty (30) days advance written notice to the Vendor and expressed in
a written addendum signed by both parties, provided, thirty (30) days advance
written notice shall not be required for minor changes mutually agreed upon by
the City and Vendor. The Vendor shall provide the following level of service for
staff on the days indicated and at the hourly rates indicated:
ANNUAL HOURS POSITION
2080 Licensed Practical Nurse("LPN") @ $40.17/hr
40 Hours per week
Work performed Mon-Fri, 7:00 am-3.30 pm
Total monthly cost: $6,963.00
Total annual cost: $83,554.00
ITHIRD AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 1
ANNUAL HOURS POSITION
3120 Registered Nurses ("RNs") @ $68.13/hr
60 Hours per week
Work performed Mon-Fri, 12.30 pm-9:00 pm
and Sat-Sun, 10:00 am-8.30 pm
Total monthly cost: $17,713.80
Total annual cost: $212,565.60
72 Medical Doctor, Psychiatrist ("MD") @
$200.00/hr
6 Hours per month
Work performed as needed
Total monthly cost: $1,200.00
Total annual cost: $14,400.00
312 Physician's Assistant ("PA") @ $88.00/hr
6 Hours per week
Work performed in shifts totaling 6 hours
per week at Vendor's discretion
Total monthly cost: $2,288.00
Total annual cost: $27,456.00
The total annual expense for Vendor staff at the above levels of service
I and at the above hourly rates will be $337,975.60. On or around July 1
of each year, Vendor may increase the hourly rates for the LPNs, RNs, PAs
under this Agreement if and to the extent it increases the hourly rates for
all its LPNs, RNs, PAs pursuant to an applicable labor contract. Vendor
will provide City with at least thirty (30) days' advance written notice of
such increase and make any such contract available for review by the
City, upon request. Any such increase will be expressed in a written
amendment to this Agreement executed by both parties.
B. Estimated Administrative Expenses. The Vendor shall provide the f
following administrative services:
1. On-call for telephone consultation with LPN, RN, PA,
Medical Director, Jail Health Administrator or other doctor;
2. Billing, records management, storage, and scheduling;
3. Medical director oversight, and
4. Administrative oversight.
5. Program support services as called for in Section VI of the
Agreement.
6. Provide additional staff coverage during vacations, sick and
emergency leaves
These administrative services shall be provided at an annual rate of
$66,424.80.
THIRD AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 2
3. Section VI, Program Support Services, Subsection A, Quarterly Meetings and
Report, is amended to add the following at the end of that section'
12. Compliance with and review of adopted medical standards.
4. Section VI, Program Support Services, Subsection H, Accreditation, is amended
to delete that section in its entirety and replace it with the following.
H. Accreditation. The facility is accredited through the American
Correctional Association (ACA). The facility is considering moving from
ACA accreditation to regional standards based upon Washington
guidelines. Accordingly, Vendor will, at the direction of the City, take the
necessary steps to assist In the development of new standards and will
maintain the services provided by the Agreement in compliance with
those standards.
5. Except as specifically amended by this Third Amendment, all remaining provisions
of the Agreement will remain in full force and effect. In addition, upon the
effective date of this Third Amendment, the written provisions and terms of this
Third Amendment shall supersede all prior amendments to the Agreement or any
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 the Agreement or this Third Amendment.
6. The effective date of this Third Amendment is January 1, 2011.
IN WITNESS, the parties have executed this Third Amendment to the Corrections Facility
Medical Services Agreement.
CITY OF KENT
By.
Print Name: Suzette Cooke
Title: Mayor
Date:
PUBLIC HOSPITAL DISTRICT NO. 1, dba
Valley Medical Center Occupational Health
Services
By.
Print Name:
Title.
Date.
Approved as to Form:
Arthur"Pat" Fitzpatrick, Deputy City Attorney
P\Crvil\Files\Open Files\1525-Jail Medical Services 2011\ThirdAmendment]ailMedicalAgmement 2011through2015 FINAL DOC
THIRD AMENDMENT TO CORRECTIONS FACILITY MEDICAL SERVICES AGREEMENT - 3
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7K
1. SUBJECT: CHELAN COUNTY INMATE HOUSING AGREEMENT - APPROVE
2. SUMMARY STATEMENT: Authorize the Mayor to sign the Interlocal Agreement
between the City of Kent and Chelan County and all other related documents for the
housing of inmates in the Chelan County Regional Justice Center, subject to final approval
of terms and conditions by the City Attorney.
The City of Kent Corrections Facility (CKCF) was constructed as a 48 bed facility in 1986,
when the population of the City was 29,983. In 1991 the facility was double bunked, and
inmate capacity was increased to 96. Now, in the fall of 2010, the City's population is
approximately 114,000, and the City's jail capacity in terms of available beds remains at
96. While the available number of beds remains at 96, the average number of inmates
who need to occupy beds from 2005 to current has been approximately 107, and more
recently, that number has remained over 107. This is despite measures the jail has taken
to manage population through programs.
Overcapacity at the jail is attributable to the number of criminal charges that are filed, the
number of initial bookings, the number of warrant arrests, and the average length of
sentence of inmates. For the period of 2005 through 2009, the number of criminal
charges filed has risen from 4450 to 6962. In addition, the average length of sentence of
an inmate has risen by 35% in 2010.
In lieu of constructing additional jail space, the City is requesting that Council permit the
Mayor to enter an interlocal agreement with Chelan County to house inmates on a
contract basis The City would only pay for the number of beds used, the number of
s which would be based upon the jail population and available funds. The City anticipates
that it will house 10 or fewer inmates at any one time. The cost of housing an inmate in
the Chelan County jail is $70.00 per night which compares to the current cost of approxi-
mately $100.00 per night to house an inmate in the CKCF. The Council previously
designated annexation funds to deal with inmate housing needs.
�. 3. EXHIBITS: Agreement
4. RECOMMENDED BY: Public Safety Committee 11/9/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X (annexation) No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF
KENT, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY REGIONAL
JUSTICE CENTER
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this day of
December, 2010 by and between the City of Kent, Washington, a Washington municipal
corporation, hereinafter referred to as "City", and Chelan County, Washington, hereinafter
referred to as "Chelan County", each party having been duly organized and now existing
under the laws of the State of Washington.
WITNESSETH:
WHEREAS, The Chelan County Regional Justice Center ("CCRJC") and the Mayor are
authorized by law to have charge and custody of the County Jail and the City prisoners or inmates,
respectively, and
WHEREAS, the City wishes to designate the CCRJC as a place of confinement for the
incarceration of one or more inmates lawfully committed to its custody, and
WHEREAS, Chelan County Department of Corrections is desirous of accepting and keeping in
its custody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the
parties hereto, and
' WHEREAS, RCW 39.34 080 and other Washington law, as amended, authorizes any county
to contract with any other county or city to perform any governmental service, activity or undertaking
' which each contracting county is authorized by law to perform, and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter into
this Agreement as authorized and provided for by RCW 39.34 080 and other Washington law, as
amended,
' NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be
made, the mutual promises and covenants herein contained, and for other good and valuable
consideration, the parties hereto agree as follows
1. GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
administrative rules and regulations of the State of Washington shall govern in any matter relating to
an inmate or inmates confined pursuant to this Agreement.
' 2. DURATION
This Agreement shall enter into full force and effect from January 1, 2010 and end December
31, 2012, subject to earlier termination as provided by Section 3 herein This Agreement shall be
renewed automatically for like successive periods under such terms and conditions as the parties
Interlocal Agreement Between Chelan County Page 1 of 9
' And the City of Kent
may determine Nothing in this Agreement shall be construed to require the City to house inmates in
Chelan County continuously
3. TERMINATION '
(a) By either party This Agreement may be terminated by written notice from either party to '
the other party delivered by regular mail to the contact person identified herein, provided that
termination shall become effective sixty (60) working days after receipt of such notice. Within said
sixty (60) days, the City agrees to remove its inmate(s) from the CCRJC
(b) By the City due to lack of funding The obligation of the City to pay Chelan County under
the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the
appropriation, budgeting availability of sufficient funds by the City In the event that such funds are
not budgeted, appropriated or otherwise made available for the purpose of payment under this
Agreement at any time after the current fiscal year, then the City shall have the option of terminating
the Agreement upon n written notice to Chelan County, except that all services provided to that point
shall be compensated at the agreed rate The termination of this Agreement for this reason will not
cause any penalty to be charged to the City.
(c) Termination for Breach. In the event the City breaches or fails to perform or observe any
of the terms or conditions herein, and fails to cure such breach or default within seven (7) days of
County's giving the City written notice thereof, or, if not reasonably capable of being cured within such
seven (7) days, within such other period of time as may be reasonable in the circumstances, County ,
may terminate the City's rights under this Agreement in addition to and not in limitation of any other
remedy of County at law or in equity, and the failure of County to exercise such right at any time shall
not waive County's right to terminate for any future breach or default '
(d) In the event of termination of this agreement for any reason, the City shall compensate
Chelan County for prisoners housed by Chelan County after notice of such termination until the City
retakes its inmates in the same manner and at the same rates as if this Agreement had not been
terminated.
4. MAILING ADDRESSES ,
All notices, reports, and correspondence to the respective parties of this Agreement shall be
sent to the following.
Chelan County: Chelan County Regional Justice Center
401 Washington St , Level 2
Wenatchee, WA 98801
Primary Contact Person. Phil Stanley, Director '
Secondary Contact: Ronda McCallister, Administrative Program Manager
City of Kent. City of Kent Corrections Facility
Interlocal Agreement Between Chelan County Page 2 of 9
And the City of Kent
220 Fourth Avenue South
Kent, WA 98032
' Primary Contact Person: Curt Lutz, Corrections Lieutenant
Notices mailed shall be deemed received on the date mailed. The parties shall notify each other in
writing of any change of address.
5. DEFINITIONS
The parties hereby agree that the following terms shall have the specified meanings unless
indicated otherwise herein.
(a) lam. One prisoner day shall be each day or portion thereof which a prisoner appears in
custody on the jail management system The count shall be conducted by the jail management
system and each participating jurisdiction shall be charged for each prisoner who is detained in the
CCRJC on a charge and/or conviction from the participating jurisdiction If the prisoner has a pending
charge and/or conviction from more than one jurisdiction, the cost for that prisoner shall be divided
proportionately
(b) Inmate Classifications shall be pursuant to the Chelan County Objective Jail Inmate
Classification System which is modeled after the National Institute of Corrections Jail Classification
' System
(i) "Minimum" classification shall apply to those inmates who present a low risk to
staff and the community.
(ii) "Medium" classification shall apply to those inmates who present a moderate risk
to staff and the community.
(iii) "Maximum" classification shall apply to those inmates who present a substantial
risk to staff and the community.
6. COMPENSATION
(a) Rates. Chelan County agrees to accept and house the City's inmates for compensation
per inmate at the rate of $70 00 per day (also see #12 below) This includes minimum and medium
' classification inmates. The parties agree that Chelan County will not charge a separate booking fee
in addition to such rate The date of booking into the CCRJC of the City's inmates, no matter how
little time of a twenty-four (24) hour day it constitutes, shall count as one day and shall be billed to the
City as a day of custody in Chelan County.
(b) Billing and Payment. Chelan County agrees to provide the City with an itemized bill listing
all names of inmates who are housed, the number of days housed (including the date and time of
booking and date and time of release), and the dollar amount due for each. Chelan County agrees to
provide said bill by the loth of each month The City agrees to make payment to Chelan County
' within 30 days of receipt of such bill for the amount billed for the previous calendar month
Interlocal Agreement Between Chelan County Page 3 of 9
And the City of Kent
7. RIGHT OF INSPECTION
The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in '
which inmates of the City are confined in order to determine if such jail maintains standards of
confinement acceptable to the City and that such inmates therein are treated equally regardless of
race, religion, color, creed or national origin; provided, however, that Chelan County shall be
obligated to manage, maintain and operate its facilities consistent with all applicable federal, state
and local laws and regulations
8. FURLOUGHS, PASSES, AND WORK RELEASE '
Chelan County agrees that no early releases or alternatives to incarceration, including
furloughs, passes, electronic home detention or work release shall be granted to any inmate housed
pursuant to this Agreement without written authorization by the committing court
9. INMATE ACCOUNTS '
Chelan County shall establish and maintain an account for each inmate received from the City
and shall credit to such account all money which is received and shall make disbursements, debiting '
such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in
limited amounts as are reasonably necessary for personal maintenance The Director of the CCRJC
shall be accountable to the City for such inmate funds At either the termination of this Agreement,
the inmate's death, release from incarceration, or return to either the City or indefinite release to the
court, the inmate's money shall be transferred to either the inmate's account in care of the City, at
such time the City shall be accountable to the inmate for said fund, or to the inmate.
10. INMATE PROPERTY
The City may transfer to Chelan County only limited amounts of personal property of the City's
inmates' recovered from or surrendered by inmates to the City upon booking. Personal property in
excess of one simple "grocery bag" shall at no time be transferred to Chelan County. ,
11 RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide
treatment, including the furnishing of subsistence and all necessary medical and hospital services
and supplies, to provide for the inmates' physical needs; to make available to them programs and/or ,
treatment consistent with the individual needs, to retain them in said custody; to supervise them, to
maintain proper discipline and control, to make certain that they receive no special privileges and that
the sentence and orders of the committing court in the State are faithfully executed; provided that
nothing herein contained shall be construed to require Chelan County, or any of its agents, to provide
service, treatment, facilities or programs for any inmates confined pursuant to this Agreement, which
it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall '
be construed as to require Chelan County to provide services, treatment, facilities or programs to the
City's inmates above, beyond or in addition to that required by applicable law.
Interlocal Agreement Between Chelan County Page 4 of 9
And the City of Kent
12. MEDICAL SERVICES
(a) Inmates shall receive such medical, psychiatric and dental treatment when emergent and
necessary to safeguard their health while housed in the CCRJC. Chelan County shall provide or
arrange for the providing of such medical, psychiatric and dental services Except for routine minor
medical services provided in the CCRJC, the City shall pay directly or reimburse Chelan County for
any and all costs associated with the delivery of any emergency and/or major medical service
provided to the City's inmates The City shall be responsible for any and all medical, psychiatric and
dental treatment provided outside of the CCRJC and shall be billed therefore. Examples of medical
services which may be provided in the CCRJC but which are not routine, and for which the City shall
be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis
treatment, and hemophiliac treatment No psychiatric or dental treatment can be provided in the
CCRJC, all psychiatric and dental treatment of the City's inmates shall be billed to the City
(b) An adequate record of all such services shall be kept by Chelan County for the City's
review at its request, to the extent consistent with confidentiality regulations Any medical or dental
services of major consequence shall be reported to the City as soon as time permits.
(c) Should medical, psychiatric or dental services require hospitalization, the City agrees to
compensate Chelan County dollar for dollar any amount expended or cost incurred in providing the
same, provided that, except in emergencies, the City will be notified by contacting the Jail Booking
Desk at (253) 856-5775 prior to the inmate's transfer to a hospital, if and when circumstances allow,
or as soon afterward as practicable
13. DISCIPLINE
' Chelan County shall have physical control over and power to execute disciplinary authority
over all inmates of the City's. However, nothing contained herein shall be construed to authorize or
' permit the imposition of a type of discipline prohibited by applicable law.
14. RECORDS AND REPORTS
(a) The City shall forward to Chelan County before or at the time of delivery of each inmate a
copy of all inmate records pertaining to the inmate's present incarceration If additional information is
requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional
information in a timely manner
(b) Chelan County shall keep all necessary and pertinent records concerning such inmates in
the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan
County, the City shall upon request be entitled to receive and be furnished with copies of any report
or records associated with said inmate(s) incarceration
15. REMOVAL FROM THE JAIL
An inmate of the City's legally confined in Chelan County shall not be removed therefrom by
any person without written authorization from the City or by order of any court having jurisdiction The
' City hereby designates the official authorized to direct Chelan County to
Interlocal Agreement Between Chelan County Page 5 of 9
And the City of Kent
remove the City's inmates from the CCRJC Chelan County agrees that no early releases or
alternatives to incarceration including furloughs, passes, work release, work crews or electronic home ,
detention shall be granted to any inmate without written authorization from the committing court This
paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for
medical, psychiatric, dental treatment or other catastrophic condition presenting an eminent danger to '
the safety of the inmate or to the inmates or personnel of Chelan County In the event of any such
emergency removal, Chelan County shall inform the City of the whereabouts of the inmate or inmates
so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe ,
keeping and custody of such inmate or inmates.
16. ESCAPES '
In the event any City inmate escapes from Chelan County's custody, Chelan County will use
all reasonable means to recapture the inmate. The escape shall be reported immediately to the City ,
Chelan County shall have the primary responsibility for and authority to direct the pursuit and retaking
of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable
to and borne by Chelan County, however, Chelan County shall not be required to expend ,
unreasonable amounts to pursue and return inmates from other counties, states or countries.
17 DEATH OF AN INMATE
(a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified
The City shall receive copies of any records made at or in connection with such notification '
(b) Chelan County shall immediately notify the City of the death of a City inmate, furnish
information as requested, and follow the instructions of the City with regard to the disposition of the '
body In the case of an unattended death, suspicious death, or criminal case, the Chelan County
Coroner would have authority over the deceased and would coordinate with local law enforcement to
finish the investigation prior to the release of the deceased inmate The City hereby designates the ,
then assigned jail Captain or his or her designee the official authorized to request information from
and provide instructions to Chelan County regarding deceased inmates. The body shall not be
released except on written order of said appropriate official of the City. Written notice shall be '
provided within three (3) weekdays of receipt by the City of notice of such death. All expenses
relative to any necessary preparation of the body and shipment charges shall be paid by the City.
With the City's consent, Chelan County may arrange for burial and all matters related or incidental '
thereto, and all such expenses shall be paid by the City The provisions of this paragraph shall
govern only the relations between or among the parties hereto and shall not affect the liability of any
relative or other persons for the disposition of the deceased or for any expenses connected therewith '
(c) The City shall receive a certified copy of the death certificate for any of its inmates who
have died while in Chelan County's custody '
18 RETAKING OF INMATES
Upon request from Chelan County, the City shall, at its expense, retake any City inmate within
thirty-six (36) hours after receipt of such request. In the event the confinement of any City inmate is
terminated for any reason, the City shall, at its expense, retake such inmate at the CCRJC Facility. ,
Interlocal Agreement Between Chelan County Page 6 of 9
And the City of Kent '
19. HOLD HARMLESS AND INDEMNIFICATION
Chelan County agrees to hold harmless, indemnify and defend the City, its officers, agents and
employees, from and against any and all claims, losses, or liability, for injuries, sickness or death of
persons, or damage to property, arising out of any willful misconduct or negligent act, error, or
omission of Chelan County, its officers, agents, or employees, in connection with the services
required by the Agreement, provided, however, that:
(a) Chelan County's obligations to indemnify, defend and hold harmless shall not extend to
injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or
negligence of the City, its officers, agents or employees or sub-consultants, and
(b) Chelan County's obligations to indemnify, defend and hold harmless for injuries, sickness,
death or damage caused by or resulting from the concurrent negligence or willful misconduct of the
Chelan County and the City or of Chelan County and a third party other than an officer, agent or
employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of
Chelan County.
20. RIGHT OF REFUSAL AND TRANSPORTATION
(a) Chelan County shall have the right to refuse to accept any inmate from the City when, in
the opinion of Chelan County, its inmate census is at capacity and there is a substantial risk that,
through usual operation of the jail, the reasonable operational capacity limits of the jail might be
reached or exceeded.
(b) Chelan County shall further have the right to refuse to accept any inmate from the City
who, in the judgment of Chelan County, has a current illness or injury which may adversely affect the
' operations of the CCRJC, has a history of serious medical problems, presents a substantial risk of
escape, or presents a substantial risk of injury to other persons or property, or is classified as a
maximum security inmate pursuant to Chelan County's Objective Jail Classification System. The
' inmate should be an inmate who has already been sentenced by the jurisdiction, and should not be
on pre-trial status.
(c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be
transported to Chelan County and at the expense of Chelan County and shall be returned, if
necessary, to the City by Chelan County personnel and at the County's expense provided that notice
' of the necessity of transport is received by Chelan County three (3) days prior to the time of expected
transport. The City hereby designates the then assigned jail Captain or his or her designee the
official authorized to notify Chelan County of the dates for transport and the specific inmates to be
transported
21. INDEPENDENT CONTRACTOR
In providing services under this contract, Chelan County is an independent contractor and
neither it or its officers, agents or employees are employees of the City for any purpose, including
responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall
Interlocal Agreement Between Chelan County Page 7 of 9
And the City of Kent
the provision of services under this Agreement give rise to any claim of career service or civil service
rights, which may accrue to an employee of the City under any applicable law, rule or regulation. ,
22. GENERAL PROVISIONS
(a) Severabdity. In the event any provisions of this Agreement shall be determined to be
unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the
extent permitted by law. All provisions of this Agreement are severable and unenforceability or
invalidity of a single provision herein shall not affect the remaining provisions.
(b) Governing Law and Venue This Agreement shall be governed by the laws of the State of ,
Washington, and venue for any lawsuit shall be the Chelan County Superior Court
(c) Attorney's Fees. In the event it is necessary for either party to utilize the services of an '
attorney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to
compensation for its reasonable attorney's fees and costs In the event of litigation regarding any
terms of this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to '
such reasonable attorney's fees and costs as determined by the Court.
(d) Waiver of Breach. The waiver by either party of the breach of any provision of this ,
Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of
any subsequent breach by such other party.
(e) Savings Clause Nothing in this Agreement shall be construed so as to require the ,
commission of any act contrary to law, and wherever there is any conflict between any provisions of
this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail but in such ,
event, the provisions of this Agreement affected shall be curtailed and limited only to the extent
necessary to bring it within legal requirements
(f) Fdin . This Agreement shall be filed with the Chelan County Auditor's Office pursuant to
RCW 39 34 040
23. INTERPRETATION
This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, '
and it shall be given a fair and reasonable interpretation in accordance with its words, without
consideration or weight given to it being drafted by any party or its counsel. All words used in the
singular shall include the plural, the present tense shall include the future tense, and the masculine '
gender shall include the feminine and neuter gender.
24. ACCESS TO RECORDS CLAUSE '
The parties hereby agree that authorized representatives of the parties shall have access to
any books, documents, paper and record of the other party that are pertinent to this Agreement for
the purposes of making audits, examinations, excerpts and transcriptions All such records and all
other records pertinent to this Agreement, and work undertaken pursuant to this Agreement shall be '
retained by the parties for a period of three (3) years after the final expiration date of this Agreement
Interlocal Agreement Between Chelan County Page 8 of 9
And the City of Kent
or any amendments hereto, unless a longer period is required to resolve audit, findings or litigation.
In such cases, the parties may expressly agree by an amendment or separate agreement for such
' longer period for record retention.
1 25 ENTIRE AGREEMENT
This Agreement represents the entire integrated Agreement between the City and Chelan
' County and supercedes all prior negotiations, representations or agreements, either written or oral.
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate
by the parties hereto and made affective on the day and year first above written.
CITY OF KENT, WA BOARD OF CHELAN COUNTY
COMMISSIONERS
1 By Suzette Cooke, City of Kent Mayor
Keith Goehner, Chair
' ATTEST Doug England, Commissioner
City Clerk Ron Walter, Commissioner
ATTEST:
DATED: Sally Taylor
Clerk of the Board
DATED:
Approved as to Form:
' Phil Stanley, Director
Chelan County Regional Justice Center
City of Kent, Deputy City Attorney
Approved as to Form:
' Gary A. Riesen, Chelan County Prosecutor
Interlocal Agreement Between Chelan County Page 9 of 9
And the City of Kent
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7L
1. SUBJECT: WINTERFEST TREE LIGHTING FIREWORK DISPLAY PERMIT -
AUTHORIZE
2. SUMMARY STATEMENT: Authorize the Fire Marshal to issue a public
firework display permit for the Kent Winterfest Tree Lighting.
Kent City Code 13.05.030 authorizes the issuance of public fireworks displays on
the fourth of July for Fourth of July ceremonies; for high school events of a state-
certified public or private high school; provided, that such events are officially
sanctioned by the governing body of such high school; or for wedding
ceremonies.
All other times or purposes are not permitted without council approval.
3. EXHIBITS: Letter
t4. RECOMMENDED BY: Public Safety Committee 11/9/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? -N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
1 ACTION:
Kent Fire Department
Fire Prevention
lt1fF'rnCIL`3Utt�ll�.''tt�t"i"P�)9.��ej f It'",;�?t'taLJr
Physical: 400 West Gowe Street
Mail To: 220 Fourth Avenue South
' Kent, WA 98032
Office: (253) 856-4400
S oes(if Kent, ('oil'kgton,and King CountyFaeI)istrect37 Fax- (253) 856-6400
Professionally and Compassionately Helping People
October 25, 2010
Kent City Council,
Subject: Recommendation to Issue the Kent Winterfest Tree Lighting Firework Display Permit
I have received a request for a firework display which is not identified in 13.05.030. 1 am requesting
approval and authorization to issue a permit for this display based upon my review and investigation
of the event.
The fireworks display will be in conjunction with the tree lighting ceremony during Kent Winterfest.
The display use consumer grade fireworks which will be discharged by members of the Lion's Club.
Reference: 13.05.030 Public display of Fireworks
13.05,030 Public display of fireworks.
A. The fire marshal is authorized, pursuant to RCW 70.77.280, to issue a permit for a public display
of fireworks. After review and investigation of an application for a permit, the fire marshal may
grant, deny, or grant with reasonable conditions a permit for a public display of fireworks; provided,
however, that any such permit shall only be issued for the discharge of fireworks between the hours
of 9:00 a.m. and 11:00 p.m.:
1. On the fourth of July for fourth of July ceremonies;
2. For high school events of a state-certified public or private high school; provided, that such
events are officially sanctioned by the governing body of such high school; or
3. For wedding ceremonies.
B. The issuance of a permit for a public display of fireworks for a time or purpose different than
stated herein is not permitted unless approved by the city council following consideration of the
' review, investigation and recommendation of the fire marshal.
(Ord. No. 3296, 5 1, 5-22-96; Ord. No. 3491, 5 1, 11-16-99; Ord. No. 3534, 5 1, 12-5-00; Ord. No.
3609, 5 1, 7-16-02; Ord. No. 3610, 5 1, 7-16-02; Ord. No. 3755, 5 1, 6-7-05)
Respectfully,
Division Chief Jon Napier, CFM CBO
Fire Marshal
Jon Napier, Division Chief
Kent City Council Meeting
Date November 16, 2010
1 Category Consent Calendar - 7M
1. SUBJECT: 2010 CITYWIDE LARGE CULVERT PIPE CLEANING - ACCEPT AS
COMPLETE
2. SUMMARY STATEMENT: Accept the 2010 Citywide Culvert Pipe Cleaning
project as complete and release retainage to Olson Brothers Excavating Inc.,
1 upon standard releases from the state and release of any liens. The original
contract amount was $941,547.80. The final contract amount was $918,861.90.
I
1
3. EXHIBITS: None
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No _
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
Kent City Council Meeting
Date November 16, 2010
1 Category Consent Calendar - 7N
1. SUBJECT: 2ND AVENUE SIDEWALK IMPROVEMENTS (GOWE-SAAR) - ACCEPT
AS COMPLETE
2. SUMMARY STATEMENT: Accept the 2"d Avenue Sidewalk Improvements
(Gowe-Saar) as complete and release retainage to Road Construction, Inc., upon
standard releases from the state and release of any liens. The original contract
amount was $335,944.28. The final contract amount was $322,473.59.
3. EXHIBITS: None
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? X Revenue?
Currently in the Budget? Yes X No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
1
DISCUSSION:
IACTION:
Kent CityCouncil Meeting
9
Date November 16, 2010
Category Consent Calendar - 70
1. SUBJECT: SOUTH 228T" GRADE SEPARATION AT BURLINGTON NORTHERN
RAILWAY - ACCEPT AS COMPLETE
! 2. SUMMARY STATEMENT: Accept the South 228th Grade Separation at
Burlington Northern Railway as complete and release retainage to Rodarte
Construction, upon standard releases from the state and release of any liens.
The original contract amount was $9,238,945.29. The final contract amount was
$10,405,432.41.
3. EXHIBITS: None
! 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:
Kent City Council Meeting
Date November 16, 2010
1 Category Consent Calendar - 7P
1. SUBJECT: ALASKAN COPPER & BRASS BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the Alaskan Copper &
Brass project, permit #2090575, for 2 gate valves, 1 hydrant, and 143 linear feet
of waterline, 1 sanitary sewer manhole, and 48 linear feet of sanitary sewer line,
900 linear feet of frontage improvements, 9 catch basins, and 181 linear feet of
storm sewer line.
I
1
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
' Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
' Councilmember moves, Councilmember seconds
DISCUSSION:
' ACTION:
i
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
I ATTN: Jackie Bicknell
T 220 - 4TH AVENUE SOUTH
KEN
W A S H I N G T O N KENT, WASHINGTON 98032
Project: Alaska Copper and Brass
CITY OF ONT Permit #: RECC-2090575/RI26-2091753
2o1
0 Location: 27402-72nd Avenue South
JAN 2.5
ENGINEE�(NG
DEPT Parcel #: 000680-0035
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
1 -�L
THIS INSTRUMENT made this ...day of January 20 10 , by and between
Alaskan Copper Companies, Inc . , hereinafter called
"Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called
"Grantee":
t
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
A. WATERMAINS:
Together with a total of 2 gate valves at $ 800 each, 1 hydrants at
$ 1 , 500 each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
68 35 6-inch
Including 75 linear feet at $ 45 per LF of 8-inch
(size &type) D. I . waterline.
B. SANITARY SEWERS:
Together with a total of 1 manholes at $ 2, 500 each and/or any other appurtenances
thereto.
2H FROM LQ
(street, easement, etc.)
Including 48 linear feet at$ 46 per LF of 8-inch
(size &type) PVC sewerline.
Bill of Sale
1 of 5
C. NEW STREETS: N/A
Together with curbs, gutters, sidewalks, and/or any other appurtenances
2U FROM IQ
(street, easement, etc.)
Including linear feet at $ per LF of
(size &type) (improvement).
D. FRONTAGE IMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
72nd Ave . S . 10 + 00 19 + 00
Including 900 linear feet at $ 150 per LF of Industrial Collector i
(size &type) (improvement). Arterial
E. STORM SEWERS:
Together with a total of -' manholes at $ -- each or total of 9 catch
basins at $ 800 each, -- LF of biofiltration swale or drainage ditch
with a total cost of $ -- , -' cubic feet of detention pond storage
with a total cost of $ -- and/or any other appurtenances thereto.
.ON FROM TO
(street, easement, etc.)
72nd Ave. S . 10 + 00 19 + 00
Including 181 linear feet at $ 30 per LF of 12-inch
(size &type) storm sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever. ,
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
Bill of Sale
2of5
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
e5z0A day of .T9NU.�T' , 20 /0
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of , 20
I STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this 9101k, day of _aN 1-latIA4 20 In before me, the
undersigned A Notary Public in and for the State of Washington, dul commissioned and sworn, personally
appeareda %e.k_")t r':�4u w.V:N_t to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
Instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this Z-Ofl'- day of�JLcftbm 20 1 l7
C
Notar ublic in nd for the State of
NOTAgy Washin ton, res di gat
jFlY,1Qs qu.ef � My Commission Expires:
Bill of Sale
3 of 5
STATE OF WASHINGTON )
SS
COUNTY OF KING )
On this day of , 20 , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
and respectively of I
the that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
20
i
Bill of Sale
4 of 5
i
40
KEN T
WASH IN O T Q N
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for Alaska Copper & Brass project
dated August 21, 2009 , for the same said
project. Ali Sadr the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and
Is an employee of Barghausen Consulting Engineers, Inc . , the firm
responsible for the preparation of the record drawings.
1
�,�r saafi
w,V.11'f1
r,'
Signature
2661
kW
(Engineer stamp required) 0�
1 �OfYALEN
Bill of Sale
5 of 5
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 70
1. SUBJECT: SHERIDAN RESIDENCE BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the Sheridan Residence
(Permit #2092553) for 1 sanitary sewer manhole and 236 linear feet of new
street.
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
Currently in the Budget? Yes _ No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
* ATTN:
K EN 220 — 4T" AVENUE SOUTH
W A 3 H I N KENT, WASHI INGTO\N 98032
^
Project:I y EV
RE �1�V icic> to JLtkJ'L�
Permit #: �'�� " 2-0g
0 ( 2�-r) :?,
NO
`�' Location:
1 CI ® IM nvP f Parcel #:_20 7-05735-:�;
BILL OF SALE
CITY OF KENT
�►^� KING COUNTY, WASHINGTON
THIS INSTRUMENT made this�day of M ON 20__�a, by and between
t/ <�4 << � C',� hereinafter called
"Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called
"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
A. WATERMAINS:
Together with a total of gate valves at $ each, hydrants at
$ each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
jIncluding linear feet at $ per LF of
(size &type) waterline.
B. SANITARY SEWERS:
Together with a total of manholes at $ 3000 each and/or any other appurtenances
Ithereto.
ON FROM TO
(street, eas men etc.)
wt6 6� LCA Nr of WO-y Sd-t ROW 6?nz
Including . 3�_linear feet at $ 33 per LF of I
(size &type) PV& sewerlme.
Bill of Sale
1of5
f
C. NEW STREETS:
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
f
Including linear feet at $ per LF of
(size &type) (improvement).
D. FRONTAGE IMPROVEMENTS:
Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM �(
(street, easement, etc.)
Including linear feet at $ per LF of
(size &type) (improvement).
f
E. STORM SEWERS:
Together with a total of manholes at $ each or total of catch
basins at $ each, LF of biofiltration Swale or drainage ditch
with a total cost of $ cubic feet of detention pond storage
with a total cost of $ , and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
Including linear feet at $ per LF of
(size &type) sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances, that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period.
Bill of Sale
2 of 5
f '
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of , 20 1b _.
i
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
' day of 120
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this 0 day of 201 o , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared 7) 51'LC fL-, D4 to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this LET day of V`�J 20
Notary blic in and for the State of
1
Washington, residing at
t► linintEXplFeb Feb 11,2012
r�_
JAW MUM
' ""'; r
My Commission Expires:
Bill of Sale
3 of 5
STATE OF WASHINGTON ) ,
) SS
COUNTY OF KING )
On this day of , 20 before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
and respectively of
the that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written.
1
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
, 20
Bill of Sale
4of5
KFN T
WASHINGTON
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for S ,PV-A a.v\ projecr
dated /4 0-y 1-7L0 !y , for the same said 51-t-trIt'l 52w`-e-v'
project. /onJVIV K+ w�� the undersigned
P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and
is an employee of (,—V'CL-WvtV V the firm
responsible for the preparation of the record drawings.
Signa i e
(Engineer stamp required)
1tRU,��
WAS
36049
Bill of Sale r•�.
5 of 5
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7R
1. SUBJECT: SOPHIA GLENN PLAT BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for Sophia Glenn Plat
(permit #2070516) for 1,180 linear feet of new street, 525 linear feet of frontage
improvements, 10 storm sewer manholes, 18 catch basins, 99,570 cubic feet of
detention pond storage, and 3,267 linear feet of storm sewer line.
i
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N/A
1 Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN: Jackie Bicknell
220 — 4T" AVENUE SOUTH
KENT
W A S H I N a T 0" KENT,WASHINGTON 98032
CITY OF KENT Project: Sophia Glenn Subdivision
1 JUN <i Q 2010 Permit #: FSU-700S-6 (KTVA #131225-2100581)
ENGINEERING DEPT Location: 92n1 Ave. South and SE 204'h Place
Parcel #: 0622059007, 0622059045, and
06220590
BILL OF SALE
CITY OF KENT
KING COUNTY, WASHINGTON
THIS INSTRUMENT made this��day of 20 i , by and between
Washington Subdivision I, Inc., hereinafter called"Grantors", and City of Kent, a municipal corporation of
King County, State of Washington, hereinafter called"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described Improvements:
A. WATERMAINS: N.A. (Water Mains are owned by Soos Creek Water&Sewer District)
Together with a total of_0_gate valves at$ 0 each,_0_hydrants at
$ 0 each and/or any other appurtenances thereto.
ON FROM 1Q
(street, easement, etc.)
N.A. N.A. N.A.
Including_0 linear feet at$ 0 per LF of 0
(size &type) N.A. waterline.
B. SANITARY SEWERS: N.A. (Sanitary Sewers are owned by Soos Creek Water & Sewer
District)
Together with a total of _0 manholes at $ 0 each and/or any other
appurtenances thereto.
ON FROM TO
(street, easement, etc.)
N.A. N.A. N.A.
Including 0 linear feet at$_0 per LF of 0
(size &type) _N.A. sewerline.
Bill of Sale
1of5
C. NEW STREETS•
Together with curbs, gutters, sidewalks, and/or any other appurtenances 1
O FROM TO
(street, easement, etc.)
SE 204th Place, 90th Place SE 202nd Street SE 204" Street(approx.)
South, 91't Place South, and
91't Ave. South
Including 1180 linear feet at$ 50 per LF of 28'Wide
(size &type) Asphalt street w/curb, autter &sidewalk (improvement).
D. FRONTAGE IMPROVEMENTS:
Together with lights,trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
92nd Ave. South SE 202nd Street SE 204th Place
Including 525 linear feet at$ 20 per LF of Frontage widening
(size &type) curb, gutter.sidewalk and limited asphalt widening &overlay (Improvement).
E. STORM SEWERS:
Together with a total of 10 manholes at$ 2500 each or total of 18
catch basins at $ 750 each, 0 LF of biofiltration swale or drainage
ditch with a total cost of $ 0 , 99,570 cubic feet of detention
pond storage with a total cost of$ 30,000 and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
SE 204th Place, 90" Place SE 2020d Street SE 2041h Street(approx.)
South, 91't Place South, and
92nd Ave. South
Including 2290/763/214 linear feet at$ 22/43/64 per LF of 12"/18"/36" j
(size &type) PVC sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to Incorporate said utilities in its utility system and to maintain them as provided in the applicable
Bill of Sale
2of5
City Ordinances. The City accepts the Items subject to staff approval and completion of a 2 year
maintenance period.
IN WIT ESS WHEREOF, the undersigned has caused this instrument to be executed on this
�J 6 day of Y1Q. , 20
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of , 20
STATE OF WASHINGTON )
) SS
COUNTY OF KIN.GG y� )
On this 7(J day of 20 1 Q , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Ronald W, $ efn)q to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
Instrument as his/her free and voluntary act and
/deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this JiJ�day of 20�.
`e�et�ttuaee�s�oi
Notary Pub4b in and for the State of
Ni a Washington, residing at
!VOTARYPUBLIC
0.
My Commission Expires:
Qe/0l /2101td
Bill of Sale
3of5
STATE OF WASHINGTON )
SS
COUNTY OF KING )
On this day of , 20 , before me, the
undersigned A Notary Public In and for the State of Washington, duly commissioned and sworn, personally
appeared and to m e to be the
and respectively of
the that executed the foregoing
Instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said
for the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written.
Notary Public in and for the State of
Washington, residing at
My Commission Expires:
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City ,
Council of the City of Kent, King County, Washington, on the day of
� 20 � II
Bill of Sale
4 of 5
KENT
WASHINUT6N
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for Sophia Glenn
project dated 7/8/09 , for the same said 57-lot
single-family plat project. Shupe
Holmberg the undersigned P.E. or land surveyor is
the person responsible for the preparation of the Bill of Sale and is an employee of
Baima & Holmberg. Inc. , the firm responsible for the preparation of the
record drawings.
x.rt....'i
�f
Signature
(Engineer stamp required)
BIII of Sale
5of5
Kent City Council Meeting
Date November 16, 2010
ICategory Consent Calendar - 75
1. SUBJECT: TAF ACADEMY BILL OF SALE - ACCEPT
2. SUMMARY STATEMENT: Accept the Bill of Sale for the TAF Academy
project, permit #2101095, for 1 gate valve, and 419 linear feet of waterline.
3. EXHIBITS: Bill of Sale
4. RECOMMENDED BY: Public Works Director
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? -N/A
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
DISCUSSION:
ACTION:
MAIL TO:
CITY OF KENT
ENGINEERING DEPARTMENT
ATTN: Jackie Bicknell
KENT
220 — 4TM AVENUE SOUTH
WASHINGTON(� KENT, WASHINGTON 98032
Project: TAF Academy
i Permit#: RFC C 2101095
Location: 3 as. 26400
Parcel #:2722049152
BILL OF SALE
CITY OF KENT
KING COUNTY,WASHINGTON
THIS INSTRUMENT made this day of 20 , by and between
Federal Way Public Schools , hereinafter called "Grantors", and City of Kent, a municipal corporation of
King County, State of Washington, hereinafter called
"Grantee":
WITNESSETH:
That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following
described improvements:
A. WATERMAINS•
Together with a total of one gate valves at$400 each,zero hydrants at
$0 each and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
Public Easement 4e Avenue South 42nd Avenue South Right-of-Way
Including 419 linear feet at$ 50 per LF of 8-inch ductile iron waterline.
B. SANITARY SEWERS:
Together with a total of manholes at$ each and/or any other appurtenances
thereto.
ON, FROM TO
(street, easement, etc.)
Including linear feet at$ per LF of
(size &type) sewerline.
Bill of Sale
1of5
C. NEW STREETS:
Together with curbs, gutters, sidewalks, and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at$ per LF of
(size &type) (improvement).
1
D. FRONTAGE IMPROVEMENTS:
Together with lights,trees, landscaping (except residential streets) and/or any other appurtenances
ON FROM TO
(street, easement, etc.)
Including linear feet at$ per LF of
(size&type) (improvement).
E. STORM SEWERS: j
Together with a total of manholes at $ each or total of catch
basins at $ each, LF of biofiltration Swale or drainage ditch
with a total cost of $ , cubic feet of detention pond storage
with a total cost of$ . and/or any other appurtenances thereto.
ON FROM TO
(street, easement, etc.)
Including linear feet at$ per LF of
(size&type) sewerline.
To have and to hold the same to the said Grantee, its successors and assigns forever.
The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free
from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell
the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all
person(s).
The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and
assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable
City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year
maintenance period,
Bill of Sale
2of5
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this
day of ' 20
IN WITNESS WHEREOF the undersigned has caused this Instrument to be executed on this
1
day of S, �Q eati,L&C , 20 1 Q
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of 6 20 before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared '�n-D �-z�aV,-\�) to me known to be the individual described in and
who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this
Instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of �ti was 20 l U
�.'. .' t
SiON/C���®ter
Notar ublic in and for the Late of
Washfirigton, residing at
is
ASH��`*i> My Commission Expires:
Oil l S Jo20/ 2
i
Bill of Sale
3 of 5
STATE OF WASHINGTON )
) SS
COUNTY OF KING )
On this day of , 20 , before me, the
undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared and to me to be the
and respectively of Federal Way Public
Schools the City of Kent that executed the foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said water mains for the uses and purposes therein mentioned,
and on oath stated that they are authorized to execute the said instrument.
Witness my hand and official seal hereto affix the day and year first above written. I
Notary Public in and for the State of
Washington, residing at
My Commission Expires: j
The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City
Council of the City of Kent, King County, Washington, on the day of
20
Bill of Sale
4ofS
r
KENT
WASHINGTON
ENGINEER'S CERTIFICATION
CITY OF KENT
KING COUNTY, WASHINGTON
The figures used on the Bill of Sale for the TAF Academy project dated August 20, 2010,
for the same said TAF Academy project: Sean Comfort the undersigned P.E. or land
surveyor is the person responsible for the preparation of the Bill of Sale and is an
employee of AHBL, Inc., the firm responsible for the preparation of the record drawings.
�►. A
aAS Q
Signature
(Engineer stamp required)
Bill of Sale
5of5
Kent City Council Meeting
Date November 16, 2010
Category Consent Calendar - 7T
1. SUBJECT: KING COUNTY METRO SANITARY SEWER PASS-THROUGH
RATE INCREASE ORDINANCE - ADOPT
1 2. SUMMARY STATEMENT: Adopt Ordinance No. amending
Section 7.04.280 of the Kent City Code to increase the sewer rates set forth
therein.
King County will increase its sewer rate starting January 2011. Including
applicable utility tax, the rate will increase by 9.2% per month ($4.20 King
County increase and associated $.25 utility tax increase) per residential
equivalent. Commercial and industrial sewer rates will also be increased by
9.2% per month from $6.44 per 100 cubic feet to $7.03 per 100 cubic feet.
The proposed Ordinance passes this increase along to the City's customers.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Public Works Committee
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? No Revenue?
Currently in the Budget? Yes No
6. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
tDISCUSSION:
ACTION:
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
7.04.280 Kent City Code to adjust the schedule of
charges for sewer rates for increases for King
County METRO mandatory services.
RECITALS
A. The city is obligated by contract to send all of its wastewater
for treatment to King County METRO which bills its costs for services to the
city to be passed through to city customers.
B. The King County Council has increased METRO rates for 2011
due to increased costs. The city will increase rates solely to pass through
the METRO increases.
C. Starting with the month of January, 2011, for single family
residential dwellings and individually-metered multi-family dwellings,
monthly rates will increase by $4.20 plus the associated twenty-five cent
utility tax increase. The total monthly charge will increase from $48.26 to
$52.71 (9.2%) for these service types.
1 Sewer Rate Increase
Amend KCC 7.04.280
D. Single family residential/lifeline rates will also increase by
9.2%, increasing from $44.40 in 2010 to $48.49 in 2011.
E. All other service types, primarily commercial and industrial,
will increase by 9.2 percent from $6.44 to $7.03 per 100 cubic feet of
water used.
F. The Public Works Committee has recommended that these
increases, including applicable utility tax, be passed along to the City's
customers.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
i
i
2 Sewer Rate Increase
Amend KCC 7.04.280
ORDINANCE
SECTION 1. - Amendment. Section 7.04.280 of the Kent City Code
is amended as follows:
04 2SO Schedule of charges for service
The following sanitary sewer service charges for service inside the city limns arc in effect on the dates and m the amounts listed below Sewer sm ice charges for customers
res ding outside the city shall be the charges as on file in the city clerk's office
Type of Service Charge per Month
Effeel«ve rtkeam a
Oweugh Eflisea 0 sit Fiffeatme an 914eetwa on E#fecto 2 an throng ElTecurc
Becentbee3i; lanaaq-1; imany 1, 3eaaery-l- /nauaq"1; 3aaunry-1, ElTective on on January
2444 26" 24" 24W 24" 2949 January 1,2010 12011
1 Single-family Ila;2i $33-62 636-14 $39S5 $4i4 Pi 89 $4826 5271
residential dwelling as
defined in Ch 1502
KCC
2 Two-family or 6312 $33-62 $36-14 $398§ $44-76 SA $4S 26 271
muluplc-famdy
rc%dcnnal dwclhng,as
dcfmcd io Ch 1502
KC( each unit
apamicly motored and
charged
3 Single-family %28-65 $30-93 $33;4 $35-74 $3842 $41-30 $4440 4849
restdiltty cI tclum
ria
ehgtbt htv cntcna for
the h4Jms-utility rate
set forth in KCC
701 080
4 All other than $4-P per-100 6449-peca00 $4-82-peri00 $3-1 8-per•-100 $3-Pies-90 $5-49"pof 190 $644 per 100 $703 ocr
service toms L 2 and 3 sub a feet-per oubde feel per eabreaaefTer eobre4cet0er eefoc-leap osbs eekpar cubic feet per 100 Cubic
s::.E.o-his l y niexila next, lanes eieurh r...nth tuopth month fed ocr
billed
u,shall be month
billed m iuordancc
with the comumptum
of water and at the
following rat,except
that monthly h
shalll b be loss than the
smglc-famdy
residenual rat.set froth
in seance type No I
SECTION 2. The adjusted fees are for services beginning January
if 2011.
j
3 Sewer Rate Increase
Amend KCC 7.04.280
�J
SECTION 3. - Saving s. The existing section 7.04.280 of the Kent
City Code, which is amended by this ordinance, shall remain in full force
and effect until the effective date of this ordinance.
SECTION 4. - Severabiiity. If any one or more sections,
subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
SECTION 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 take effect and be
in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
4 Sewer Rate Increase
Amend KCC 7.04.280
PASSED: day of November, 2010.
APPROVED: day of November, 2010.
PUBLISHED: day of November, 2010.
I hereby certify that this is a true copy of Ordinance No. _
passed by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Civil\Ordinance\SewerCharge-Increase Ordinance 11-2010 docx
I
5 Sewer Rate Increase
' Amend KCC 7.04.280
Kent City Council Meeting
Date November 16, 2010
' Category Other Business - 8A
' 1. SUBJECT: STORM DRAINAGE UTILITY-DEFER ANNUAL RATE INCREASE-
ORDINANCE
' 2. SUMMARY STATEMENT: The City's Storm and Surface Water Utility
System changes are scheduled to increase annually on January 1" of each year
i until January 1, 2014. This ordinance defers the increase scheduled to occur on
January 1, 2011 and delays implementation of each subsequent increase by one
year, pushing out the final scheduled increase in system changes to January 1,
2015. The 2011 change, then, will remain the same as is currently in effect,
$10.06 per single-family residential dwelling.
3. EXHIBITS: Public Works Memo and Ordinance
4. RECOMMENDED BY: Public Works Committee 11/15/10
(Committee, Staff, Examiner, Commission, etc.)
5. FISCAL IMPACT
Expenditure? N/A Revenue? N A
Currently in the Budget? Yes _ No X
6. CITY COUNCIL ACTION:
Councilmember moves, Counciimember seconds
' to adopt Ordinance No. , deferring all storm and surface water utility
system changes for one year, delaying the scheduled January 1, 2011 increase to
January 1, 2012.
' DISCUSSION:
' ACTION:
PUBLIC WORKS DEPARTMENT
Timothy 3. LaPorte P E., Public Works Director
Phone 253-856-5500
KEN T Fax: 253-856-6500
WASHI"GT°" Address: 220 Fourth Avenue S.
Kent, WA 98032-5895
Date: November 9, 2010
To: Chair Debbie Raplee and Public Works Committee Members
PW Committee Meeting Date: November 15, 2010
From: Tim LaPorte, P.E., Public Works Director
Subject: Storm Water Utility Fees
' Motion:
Move to recommend Council adopt an ordinance revising Section 7.05.090
of the Kent City Code to defer scheduled annual rate increases by one (1)
year as hereto attached and subject to the approval of the City Attorney.
Summary:
Staff have prepared three Alternatives for potential rate adjustments to the storm
drainage utility fees. An evaluation of the impacts of these adjustments to the
stormwater program was discussed during the October 18, 2010 Public Works
Committee meeting.
Alternative 3, postpone the rate increase scheduled for 2011, has been further
evaluated based on feedback from the Committee. This alternative would keep the
fees the same as 2010, at $10.06 per month per Equivalent Service Unit (ESU),
which is the single family residential rate.
The effect of this Alternative to the stormwater program is a decrease of
approximately $1.9 million in storm water utility funds. A bond sale of roughly $7.5
' million would be required to complete a portion of the highest priority storm
drainage projects for 2011. These projects include Conditional Letters of Map
Revision for the Green River Levee Projects, levee construction on Hawley Road,
' projects to address flooding along Mill Creek including 76th Ave S, and projects and
programs to meet our National Pollutant Discharge Elimination System (NPDES)
Permit requirements.
Attached is a summary of revenue and expenses proposed for 2011.
Budget Impact:
By adoption of the ordinance, scheduled annual rate increases will be deferred by
one (1) year and a bond sale of $7.5 million will be required to complete the
' identified storm water utility projects in 2011.
ORDINANCE NO.
' AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
7.05.090 Kent City Code to defer scheduled annual
' rate increases for storm water utility fees by one
(1) year.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
' ORDINANCE
' SECTION 1. - Amendment. Section 7.05.090 of the Kent City Code
entitled "System of Charges" is amended to defer the annual rate increases
for storm water utility fees by one (1) year as follows:
' Sec. 7.05.090. System of charges.
A. There is hereby imposed a system of charges on each parcel of real
property within the city served by or to which is available for service the
1 Sewer Rate Increase
' Amend KCC 7.04.280
storm and surface water utility established by this chapter. The charges are
found to be reasonable and necessary to fund administration, planning, '
design, construction, operation, maintenance, repair, improvement, and
replacement of all existing and future storm and surface water facilities,
including the accumulation of reserves and the retirement of any
associated debt. '
B. The following charges are hereby established for all parcels of real
property in the city:
1. Residential parcels. The single-family residential rate shall be as follows:
Charged in Dollars Per Month, Per Residential Dwelling
Effective Effective Effective Effective
January 1, April 1, January 1, January 1, '
2007 2009 2010 2011
$2.57 $8.75 $10.06 $41-55-710.06
plus the '
basin-
specific
charge of '
subsection
(B)(5) of
this section. '
Effective Effective Effective Effective
January 1, January 1, January 1, January 1, ,
2012 2013 2014 2015
$13.3111.57 $15.3013.31 $3:7.5915.30 $17.59
The basin-specific charge set forth under subsection (B)(5) of this section '
shall apply to residential dwellings through March 31, 2009, but shall be '
eliminated after that date.
SECTION 2. The adjusted fees are for services beginning January
1, 2011.
2 Stormwater Utility Fees '
Amend KCC 7.05.090 ,
SECTION 3. - Saving s. The existing section 7.05.090 of the Kent
' City Code, which is amended by this ordinance, shall remain in full force
and effect until the effective date of this ordinance.
SECTION 4. - Severability. If any one or more sections,
' subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
Iportion of this ordinance and the same shall remain in full force and effect.
' SECTION S. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
' authorized to make necessary corrections to this ordinance, including the
correction of clerical errors, references to other local, state or federal laws,
' codes, rules or regulations; or ordinance numbering and section/subsection
numbering.
' SECTION 6.- Effective Date. This ordinance shall take effect and be
' in force thirty (30) days from and after its passage as provided by law.
SUZETTE COOKE, MAYOR
' ATTEST:
' BRENDA JACOBER, CITY CLERK
' APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
' 3 Stormwater Utility Fees
' Amend KCC 7.OS.090
PASSED: day of November, 2010.
APPROVED: day of November, 2010.
PUBLISHED: day of November, 2010. '
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P\Cwd\Ordinance\Storm&Surface Water Utility Ordinance 11-2010 docx ,
4 Stormwater Utility Fees ,
Amend KCC 7.05.090 ,
Drainage Utility Funding Estimates Updated 10-Nov-11
Option 3 - No Rate Increase on January 1, 2011
2011
Description Estimates
Total Revenues $ 13,452,296
' Total Expenditures (Operating &Debt Payments) $ 9,783,975
Revenues Over (Under) Expenditures $ 3,668,321
Projected Revenue from Annexation Area $ 921,094
Previous Funds $ 8,285,000
Total Capital Funds Available $ 12,874,415
2011 Estimated
' Capital Improvement Projects(Unfunded) Funding
Green River Levee Projects
CLOMR - Briscoe/Desimone Levee $ 1,000,000
1 CLOMR - Boeing Levee $ 700,000
CLOMR - Lower/Lowest Russell Road Levee $ 800,000
CLOMR - SR 516 to 231st Way Levee $ 1,000,000
Hawley Road Levee Construction $ 1,000,000
Green River Levee Property Acgwstions $ 1,000,000
Subtotal of Green River Levee Projects $ 5,500,000
' Mill Creek Projects
228th Street Diversion $ 5,000,000
76th Avenue Flood Prevention $ 800,000
James Street Pump Station &Force Main $ 3,000,000
' Upper Mill Creek Dam $ 900,000
Mill Creek - Smith Street to Chandler Bay Apartments
Senior Activity Center Titus to Smith Street
Green River Natural Resource Area - Outlet Improvements
Springbrook Creek Improvement project
Large Sand Bag Removal
Subtotal of Mill Creek Projects $ 9,700,000
Central Avenue Basin
Central Avenue Stormdrain Pipe Replacement
NPDES Maintenance Projects
Stormwater Pond Maintenance $ 2,500,000
NPDES Phase II Permit $ 250,000
Citywide Storm Pipe/Culvert Maintenance $ 1,700,000
Subtotoal of NPDES Requirements $ 4,450,000
' Eastside Capital Improvement Projects
144th Culvert/ E Fork Soosette Creek
Meridian Valley Creek at Country Club $ 150,000
Big Soos Creek/ 256th Street Bridge Replacement
Meridian Valley Creek/ 236th Culvert Replacement
Subtotal of Eastside CIP $ 150,000
West Hill Capital Improvement Projects
Military Road Improvements $ 150,000
Lake Fenwick Restoration
Subtotal of West Hill CIP $ 150,000
Capital Improvement Projects Expenditures $ 19,950,000
Annual Surplus/(Deficiency) $ (7,075,585)
Grant Funded Projects
' Riverview Park $ 1,100,000
Johnson Creek Improvements $ 550,000
Horseshoe Bend Levee Improvements $ 9,000,000
Assumptions: 1) Revenues-uses 2010 projected budgets
2)Expenditures - uses 2011 expenditure forecast
3 Expenditures - 2012 increase by 1 8%
Note 1) Does not include infrastructrue repair/ replacements or TIP Storm facility structures
1 2) Does not include Annexation capital projects or maintenance
tREPORTS FROM STANDING COMMITTEES AND STAFF
A. COUNCIL PRESIDENT
B. MAYOR
C. OPERATIONS COMMITTEE
D. PARKS AND HUMAN SERVICES COMMITTEE
tE. ECONOMIC AND COMMUNITY DEVELOPMENT COMMITTEE
t
F. PUBLIC SAFETY COMMITTEE
G. PUBLIC WORKS COMMITTEE
H. ADMINISTRATION
i
t
REPORTS FROM SPECIAL COMMITTEES
t
t
KENO
WASHINOTON
OPERATIONS COMMITTEE MINUTES
October 5, 2010
Committee Members Present: Debbie Raplee, Jamie Perry, Les Thomas (Chair).
The meeting was called to order by L Thomas at 4:07 p.m.
1. APPROVAL OF MINUTES DATED SEPTEMBER 21, 2010
J Perry moved to approve the Operations Committee minutes dated September 21, 2010.
D Raplee seconded the motion, which passed 3-0.
2. APPROVAL OF VOUCHERS DATED SEPTEMBER 15, 2010 AND
SEPTEMBER 30, 2010
D Raplee moved to approve the vouchers dated August 15 and August 31, 2010. J Perry
seconded the motion, which passed 3-0.
3. MOTION TO RECOMMEND THAT THE COUNCIL ADOPT THE DRAFT ANIMAL
CONTROL ORDINANCE RECOMMENDED BY STAFF THAT REPEALS KENT CITY
CODE CHAPTER 8.03 AND ADOPTS KING COUNTY ANIMAL CONTROL
PROVISIONS IN CHAPTER 11.04, 11.12, 11.20, 11.24, 11.28, AND 11.32
WITH THE EXCEPTIONS AND ADDITIONS FOUND IN THE DRAFT
ORDINANCE.
Pursuant to the Interlocal Agreement for Animal Services approved by the City Council on
May 4, 2010, the City has agreed to adopt provisions substantially similar to King County's
for license, fees, penalties, enforcement, impound, redemption, and sheltering. Kim Adams-
Pratt Joined Watling to summarize the provisions and any differences between the city's and
county's codes, primarily in zoning and dangerous dogs.
J Perry moved to recommend that the Council adopt the draft animal control
ordinance recommended by staff that repeals Kent City Code Chapter 8.03 and
adopts King County animal control provisions in Chapter 11.04, 11.12, 11.20,
11.24, 11.28, and 11.32 with the exceptions and additions found in the draft
ordinance. The motion was seconded by D Raplee, which passed 3-0.
4. MOVE TO RECOMMEND RATIFYING THE LEASE AGREEMENT BETWEEN THE
CITY OF KENT AND GERALD OLSEN JR. AND KRISTEN ROEN TO RENT ONE
HOUSE AND OUTBUILDINGS, LOCATED AT 11234 SE 204T" STREET, FOR
$1,200.00 PER MONTH, PLUS LEASEHOLD TAX.
This is a follow up of the property acquisition of several properties for a future 7 acre park
within the annexation area. The property in question is one-acre and includes the above
listed buildings at the above listed location. The home and outbuildings are currently rented
by Gerald Olsen Jr. and Kristen Roen. The tenants will continue to rent and use premises
for personal residence purposes only. The details of the 12-month lease agreement are
attached.
D Raplee moved to recommend ratifying the lease agreement between the city of
Kent and Gerald Olsen Jr. and Kristen Roen to rent one house and outbuildings,
located at 11234 SE 2041h Street, for $1,200.00 per month, plus leasehold tax. The
motion was seconded by 3 Perry, which passed 3-0.
Operations Committee Minutes
October 5, 2010
Page: 2
S. AUGUST 2010 FINANCIAL REPORT (INFORMATION ONLY)
Finance Director Bob Nachlinger provided a brief overview of the August 2010 Budget
Summary and budget revenue and expenditures comparison report. Overall, revenues
continue to hold up and anticipate an 8.9% fund balance at year end as opposed to the
budgeted 8.4%, anticipating being $300,000.00 better than budget per year end.
Revenues are running a little under budget in the following significant areas - utility taxes
and recreation fees. The reason being is a number of entries that should have been made in
July to transfer to the annexation budget where not made until August.
In regard to utility tax estimation, J Perry commented council would like to see us budget on
a mild year as opposed to a regular year. It seems more prudent.
ADDITIONAL ITEMS
L Thomas asked John Hodgson, Chief Administrative Officer, if he had anything to add. J
Hodgson approached the table to add that staff will be bringing the 2011 General Operating
Budget and all Special Funds to a special council meeting workshop next Tuesday, around
5:30 or 6:00. Following that, Council will have to determine additional times to meet in the
next two months for review and discussion. They will be off council workshop nights. Also
staff will walk through the 15-16 issues Council requested staff to look at back in May.
John was asked by L Thomas the status of the garage, which John replied by stating the city
now owns the building and a banner has been hung noting contact information. Ben Wolters
will provide more information during his report at Council tonight.
The meeting adjourned at 4:24 p.m. by L Thomas. -
Pam Clark
Operations Committee Secretary
t
KENT
WASHINGTJ,
ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE
MINUTES
OCTOBER 11, 2010
Committee Members Committee Chair Jamie Perry, Elizabeth Albertson, Deborah
Ranniger. Chair Perry called the meeting to order at 5.00 p.m.
Council Chair Perry reported that Agenda Item #6 on DCE Height Limits has been moved to
the November 8, 2010 meeting.
1. APPROVAL OF MINUTES
Councilmember Ranninger MOVED and Councilmember Albertson SECONDED to
approve the July 12, 2010 Minutes. Motion PASSED 3-0.
2. Economic Development Report
Economic & Community Development Manager Kurt Hanson stated that the City will open
bid proposals for the new marquee at ShoWare Center Tuesday October 12 at 1:00 p.m. He
stated that there has been a lot of interest and staff anticipates the bid amount to come in
below the projected budget of $225,000 Hanson stated that it will likely be the end of
December before the marquee would be installed.
For Information Only
3. Countywide Planning Policies Amendment-King County Council Ordinance
No. 16912
Planning Manager Charlene Anderson reported that this proposal relates to the ratification of
amendments to the Countywide Planning Policies (CPPs). The CPPs provide a framework for
Kent and other cities in King County to conduct planning under the State Growth
Management Act (GMA) requirements and ensures that city and county comprehensive
plans are consistent.
Anderson stated that two policy amendments were approved by the Growth Management
Planning Council (GMPC), MPC Motion No. 10-1 adopts a revision to the Interim Potential
Annexation Area (PAA) map to expand the PAA of the City of Renton and proportionately
reduce the PAA of the City of Kent The revision places all of Soos Creek Park and Trail
north of SE 208`h in the Renton PAA. MPC Motion No. 10-2 amends the CPPs with regard to
transit service. The revisions reflect the appropriate service intended for different types of
urban areas, clarify the relationship among jurisdictions regarding transportation system
planning and development, and supports the County's growth targets.
Planning Director Fred Satterstrom stated that when Kent proposed to annex the Panther
Lake area, the city used the western boundary of Soos Creek Park as its eastern boundary
for the annexation area. When Renton proposed the Fairwood annexation, it included the
Soos Creek Park north of SE 208`h Street in the annexation area.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the full Council ratification of amendments to the
Countywide Planning Policies (CPPs) approved under Growth Management
Planning Council (GMPC) Motions No. 10-1 and 10-2 amending the interim
Potential Annexation Area (PAA) map to expand the PAA for the City of Renton,
and amending the CPPs to describe the intended relationship between transit
service and densities, and to update and clarify language in the framework
policies. Motion PASSED 3-0.
1 4. Electric Vehicle Infrastructure ZCA-2010-3
Senior Planner Erin George reported that this proposed code amendment amends Kent City
Code (KCC) Chapter 15.02 (Definitions), 15.04 (District Regulations), 15.05 (Off-Street
' Parking) and 11.03 (Environment Policy). George stated that the Nissan Leaf will be
1
available December 2010 at a cost of $33,720 with a $7500 tax rebate. She stated that
1300 of these cars have been reserved in Washington.
George stated that Electric Charging Stations will be installed along Interstate Hwy I-5 and
I-90. She described Level 1, Level 2 and Level 3 charging systems stating that Level 2 will
be the standard for home usage whereas Level 3 defined as Rapid Chargers are akin to gas
pumps in size and will primarily be utilized for commercial uses and along highways.
George stated that staff recommends allowing Type 1, 2 and 3 chargers in all zones as
accessory uses, but limitingrapid chargers within residential zones to "general conditional
uses" such as schools or firehouses.
George described battery exchange stations whereby a drained battery can be swapped for
a fully charged battery within five minutes. She explained that staff considers these
stations as similar in nature and appearance to gas stations or car washes She stated that
staff recommends allowing these stations in all commercial and industrial zones, but only as
accessory uses where gas stations are not currently allowed (such as downtown).
George stated that State legislation passed House Bill 1481 mandating local governments to
allow electric vehicle infrastructure in all areas not zoned for residential, resource use, or
critical areas. George directed attention to her report and the ordinance regarding staff's
recommended language.
Committee member Ranniger cautioned against limiting areas where battery exchange
stations could be placed, explaining that she sees them as most likely to be built as
secondary to other uses such as a grocery store or car wash. Committee member Albertson
raised a concern about parking and how long electric vehicles would be allowed to occupy a
space. George directed attention to the proposed code changes, explaining that by allowing
battery exchange stations in all commercial and industrial zones, whether outright or
accessory, the combination of uses described by Ranniger would be accommodated. She
also explained that property owners would have the option to apply time limits to EV
parking stalls through use of signage.
Councilmember Ranniger MOVED and Councilmember Albertson SECONDED a
Motion to approve the Electric Vehicle Infrastructure Zoning Code Amendment No.
2010-3 as recommended by the Land Use & Planning Board. Motion PASSED 3-0.
S. Vehicle (Auto) Repair in M3 Zones
Long-Range Planner William D. Osborne stated that staff recommends an Option 2 which
amends KCC 15.04 090 and 15.04.100 with specific criteria to allow automobile repair,
washing services and auto body work uses in the General Industrial (M3) Zoning District
under limited conditions. Option 2 allows limited development and adaptive reuse for auto
repair at locations and in existing structures within the M3 Zoning District not generally
suitable for exclusive industrial use Auto repair would not be allowed in those areas
already built out for warehouse distribution.
Ted Almeida, 7604 S. 212`h Avenue stated that a third of the M3 zone is occupied by the
Manheim Fleet Business where his business anticipates servicing clients from. He stated
that at this time 25,000 cars travel that route on a daily basis. He stated that many
potential customers by-pass this area, to be serviced in Auburn. With approval of this
proposal, he will be able to retain the customer base in Kent.
Councilmember Albertson MOVED and Councilmember Ranniger SECONDED a
Motion to recommend to the Full Council approval of an amendment to the Zoning
Code per Option 2 to allow limited auto repair in the M3 Zoning District as
recommended by the Land Use & Planning Board. Motion PASSED 3-0.
6. Zoning Density Rounding Calculation rZCA-2010-11
Planning Manager Charlene Anderson explained how zoning density rounding is calculated.
She explained that several options were presented to the Land Use and Planning Board
(LUPB). The Board recommended approval of Option 5c, which does not allow rounding in
ECDC Minutes 1
October 11, 2010
Page 2 of 3
i
subdivisions located within A-10, SR-1, and SR-3 zoning districts, nor within the Lake
Meridian Watershed.
Anderson stated that rounding is one way that developers could achieve additional
development in balancing the other requirements of the residential standards.
Anderson stated that rounding became an issue in part due to a short subdivision in the
Lake Meridian area where a minimal amount of property was purchased that would allow
the parcel to have two lots in a small short plat instead of just the one lot that would have
otherwise been allowed, had they not added 121 square feet. There was a concern that the
additional lot would affect water quality and be out of character with the other housing
developments surrounding that subdivision.
The Committee discussed the rounding options concluding that Option 3 was seen as too
open-ended with Option 5c perceived as restrictive in some areas, but leaving the rest of
the city open where implementing constraints might be important.
Perry proposed an option which amended Option 4, creating a graduated approach to
rounding based on the total size of a plat or multifamily development She stated that her
proposed option would be applied city-wide.
Sally McDonough, 26441 137th Avenue SE. Kent stated that rounding will have the greatest
effect on smaller parcels voicing support in denying rounding for those parcels SR 4.0 or
smaller in size. As suggested by the LUPB critical areas such as watersheds should be
considered for incorporation into this amendment.
Ranniger MOVED and Albertson SECONDED a Motion to recommend to the City
Council an amendment of the Kent City Code regarding the calculation of
maximum permitted density as amended by Council President Perry: For short
plats or subdivisions of 9 lots or less, and for determining maximum allowable
density for 9 or fewer dwelling units use the following calculation: a) less than 4
lots or dwelling units — no rounding, b) less than or equal to 4, 5, or 6 lots or
dwelling units - .85 rounds up, less than .85 rounds down, c) less than or equal to
7, 8 or 9 lots or dwelling units - .75 rounds up, less than .75 rounds down. Motion
PASSED 3-0.
7. Consideration of Extending Preliminary Short Plat Approvals & Extending
the Validity of Issued Building Permits
Planning Manager Charlene Anderson stated that the purpose of action on this issue is to
obtain the Committee's concurrence with approval to allow the LUPB to consider the
extension of preliminary short plat approvals and forward a recommendation to the ECDC
concurrently with an agenda item to consider extending the period of validity of issued
permits.
Anderson presented options to the Committee. The Committee deliberated, deciding that
no additional time extensions should be granted and taking no action on this item
8. 2010 Annual Docket Report
Long-Range Planner William D. Osborne described the docketing process and presented
submittals Docket No's: Dkt-2010-1 through Dkt-2010-5. Dkt-2010-6 was added to the
report to revise Kent's Urban Center boundary to remove an area east of Central Avenue or
' State Avenue proposed by the LUPB. He stated that the City received fees on the Kentara
submittal therefore it will be included in the Work Program as CPA-2010-3. Osborne stated
that a recommendation will be presented to the ECDC in November.
For Information Only
Adiournment
Council Chair Perry Adjourned the Meeting at 6:30 p.m.
Pamela Mottram, Economic & Community Development
Committee Secretary
' ECDC Minutes
October 11, 2010
Page 3 of 3
I PUBLIC WORKS COMMITTEE MINUTES
Monday, October 18, 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 October 04, 2010:
Committee Member Harmon moved to approve the minutes of October 4, 2010.
The motion was seconded by Higgins and passed 3-0.
Item 2— Consultant Agreement with Northwest Hydraulic Consultants/Foster Park
& Horseshoe Bend Levee Improvements:
Mark Madfai Design Engineering Supervisor stated that on September 1, 2010 the City of
I Kent submitted Conditional Letters of Map Revision (CLOMR) and supporting documentation
to the Federal Emergency Management Agency (FEMA) to certify the Foster Park and
Horseshoe Bend Levees.
FEMA completed its initial review and has provided the City with comments and a request for
additional information. Northwest Hydraulic Consultants, along with GeoEngineers, prepared
the original application to FEMA. Contract Amendment No. 1 is for the preparation of the
additional information to respond to FEMA's requests. Staff anticipates that further
amendments to this contract will be needed.
Higgins moved to recommend Council authorize the Mayor to sign Amendment No.
1 to the Consultant Services Agreement between the City of Kent and Northwest
Hydraulic Consultants in an amount not to exceed $14,975 for the purpose of
responding to comments from the Federal Emergency Management Agency for
certification of the Foster Park and Horseshoe Bend levees, upon concurrence of
the language therein by the City Attorney and the Public Works Director. The
motion was seconded by Harmon and passed 3-0.
Item 3— Consultant Agreement with GeoEngineers/Foster Park & Horseshoe Bend
Levee Improvements:
Mark Madfai Design Engineering Supervisor stated that on September 1, 2010 the City of
Kent submitted Conditional Letters of Map Revision (CLOMR) and supporting documentation
to the Federal Emergency Management Agency (FEMA) to certify the Foster Park and
Horseshoe Bend Levees.
FEMA completed its initial review and has provided the City with comment and a request for
additional information. GeoEngineers, Inc. along with Northwest Hydraulic Consultants
prepared the original application to FEMA. This contract is Amendment No. 2 for the
preparation of the additional information to respond to FEMA's requests.
The scope of work also includes design of proposed improvements to Horseshoe Bend that
may be necessary for levee certification. Staff anticipates further amendments to the
consultant contract
tHarmon moved to recommend Council authorize the Mayor to sign Amendment No.
2 to the Consultant Services Agreement between the City of Kent and
GeoEngineers, Inc. in an amount not to exceed $33,040 for the purpose of
responding to comments from the Federal Emergency Management Agency for
certification of the Foster Park and Horseshoe Bend levees, upon concurrence of
the language therein by the City Attorney and the Public Works Director. The
motion was seconded by Higgins and passed 3-0.
Page 1 of 3
PUBLIC WORKS COMMITTEE MINUTES
Monday, October 18, 2010
Item 4 - Information Only/King County METRO Sanitary Sewer — Rate Increase:
Tim LaPorte, Public Works Director noted that this item is for information only. Chad Bieren,
City Engineer gave an informative PowerPoint presentation that gave an overview of current
and proposed sewer rates, comparisons of 2010 sewer rates for King County METRO
collection agencies and various news headlines discussing budget shortfalls with the '
Brightwater Sewage Treatment Plant. Bieren went on to explain that King Count METRO
sewer treats (cleans and disinfects) wastewater for most cities throughout King County and
that the City is under contract with METRO for services through at least 2035 and the City is
obligated to send all of its wastewater to the King County METRO system
Kent bills its sewer customers for maintenance and operations of the City-owned system and
passes King County METRO sewer charges though to customers. King County METRO rates
are noted separately on Kent utility bills to show customers the itemized charges.
Due to increasing costs to operate the METRO sewer system, King County will increase rates
starting in January 2011. The rates discussed were for residential customers only. Bieren
stated that staff will come back at a later date to discuss commercial charges.
Staff will get back to committee regarding the graph that was shown depicting two Seattle
charges one with an asterisk.
Information Only/No Motion Required
Item 5 — Information Only/Stormwater Utility Rates:
Mike Mactutis, Environmental Engineering Manager presented an informative PowerPoint
presentation giving an overview of where the funds are slated to be spent along with visuals
of the different areas. The presentation also included a financial analysis, financial
assumptions and graphs showing various comparison charts for single family and non-single
family residential sites Mactutis stated that based on requests from Mayor Cooke and the
Public Works Committee, staff prepared an analysis of impact that would result if rate
reductions are made to storm drainage utility fees.
His final slide summarized the current fee schedule, Alternative 1, Alternative 2 and
Alternative 3 and what the impacts would be for each.
Mayor Cooke stated that it is a tough deliberation and that if the rates are lowered projects
will have to fall off the lists. She urged a suspension of an increase in rates for 1 year.
Information Only/No Motion Required !
Page 2 of 3
PUBLIC WORKS COMMITTEE MINUTES
Monday, October 18, 2010
Additional Items:
Transportation:
Alan Andersen stated that he had a project for the world "Andersen Transportation Plan". It
was decided that Mr Andersen would meet with City staff to discuss his transportation plan
in more detail, at a later date.
Stormwater Utility Rates:
Delores Christianson, owner of Central Avenue Storage stated she didn't have much to say
after hearing staffs stormwater alternative presentation.
Jeff Keopp, resident of The Pointe (in the Riverview Community) stated he was there on
behalf of his Homeowner's Association. He would like to see Alternative 3 go into effect - No
rate increase in 2011.
tScott Phillips, resident of the Reserve (in the Riverview Community) feels that the structure
for multi-family units are somewhat flawed. He showed a site map showing the impervious
surface for his complex and discussed the increase in charges in the past several years. He
feels that their units should be considered single family residential and not commercial. He
passed out information on how he thought the rates could be structured He would like to
see a presentation on the commercial rates.
South 240th & 941h Avenue:
City Engineer, Chad Bieren stated he is back at the request of the committee in regards to a
protected left turn on South 240th at the intersection of 94`h Avenue heading North/South
bound. He stated that this is not typically where we would install a left turn arrow and that
the cost to install it would be $17,000.
LaPorte stated that the cost is not a huge dollar item and that it is up to the committee what
they would like to have done.
Higgins asked if there would be loops installed to detect one car so that they do not have to
wait. Bieren stated that there would be.
Harmon stated that if just one life was saved the cost would be worth it. He will go back to
the Safety Committee and ask for a 3rd party report from the traffic section to find out the
number of accidents in this area and get back to the committee.
The meeting was adjourned at 5:30 p.m.
Cheryl Viseth,
Public Works Secretary
l
1
Page 3 of 3
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION
i