Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council Meeting - Council - Agenda - 03/01/2011
CITY OF KENT AgendaCity Council Meeting March 1 , 2011 Mayor Suzette Cooke Jamie Perry, Council President r 4, C®uncilrnernbers Elizabeth Albertson Ron Harmon ,rr Dennis Higgins Deborah Ranniger Y SF f Debbie Raplee w„ Les Thomas homas C,-ry CLERK �r . KENT CITY COUNCIL AGENDAS KENT March 1, 2011 W>_HI.� �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Jamie Perry, President Elizabeth Albertson Ron Harmon Dennis Higgins Deborah Ranniger Debbie Raplee Les Thomas ********************************************************************** COUNCIL WORKSHOP CANCELLED ********************************************************************** 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. King County Councilmember Julia Patterson D. Legislative Update E. Economic Development Report 5. PUBLIC HEARINGS None 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Division of Services Interlocal Agreement with Kent Fire Department Regional Fire Authority - Authorize D. National Development Council Consultant Agreement for Kent City Center Project - Authorize E. 2011 City Art Plan and Five Year Plan - Approve F. Communities Putting Prevention to Work Grant Budget Amendment - Authorize G. 2011 King County ASA Umpires Association Agreement - Authorize H. 2011 Washington State Slo-Pitch Umpires Association Agreement - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED S. OTHER BUSINESS A. Transportation Impact Fees 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. N L m ro S D.O 0--o ma`s c3 ¢uv EE a� vw-% cow °-au 2 tw CVG _ ro3 � V -O> C a `4.'lEG1�O � CUroTU T o °c_°eov o � 5 ° oEmcm '= s> EasN � av .�. `2 J o u E av" °' u v v E • •-"�-6� A m�-o�c`v omo ?. eon uo �' � `oo o.� O i� C> a'u �a LFE-o oroO«, `m o n ociU ro�.E c� �� m `a Eca E ua000coti�Y E� JNyO3m _ • -° m'a °i L v� a J J-o :E roY N o E 3 o E'm E u ,m�o E _c ¢ b �QC 2iroo.� P� >o.Vro aom'cE 5 .2— UE v .gym W o ",y5 WWA EO EE A Z� Zro= v= � coroy o� co o n m U o a m o 0 ow�� uJ nd� sL.KEa'u�« `�' yEv mEU m v m Y a > >.�_L E E o m y o-a s o pc 0 , m" c E omu a - I c o o` er L `° y Ups so O Ep ro T mU OY UuN3M J coo ua-y, o � �= aU Nx o � UEro oa �� Eoo cc Coro a v >-.. o � u O 0Ec ON E a -- �E o N `-�a E�ii-- �n mLin aE-o o� µ� aLroLU �° roovL�'EE do'cc v m`F- v vurj mJ S � ° N N 2 0 a N U L«J, O p C N ul O L _ N L CO O U _ 2 C O W L C E U�+ J'J Y C U a H C i C T C U >` -� >. a~G aay. 0 �i. Y T° .TiVN x• Gma OS Cp v-6 IQJb E_JE N00O-6 U CmTiK C'O M TE 3 y > C F a y c=L= a 0 O,B N a H N m E c v m o-E oZ-0 3 U Es u v m m N E+' � v-o = L 3v- c ° • ._. o L Fo E I-«._ -D E E r -o > v-o E N y r o-c = m-L c a m:2 y d F p c � vE�Sn(pEGtroa> 0M �v-_�=acav=aao: > Occ Lva ..scpU amv° o o E o EroNoc._ EO O OE« `V E 'W F c�uE m�o L � roSYpOv Ha2 U t2UUUm LjiFU a N"a' b.•�°�nyE=NU L3y 2E`mo ya.m. U O.�� l�'o m L = •Zu d O W z Z J J ii i ro a rJ > 3 3 a Uoa by o `c, v �^i ® unite N '�Nn U V J b NO -O JO ro U O cD J V cC (� c L U Od C E -D _TQ 1 LL F J ry• .+T' O •N' f J m E W SyU m E m u'a a D a rJ E °. °c° 3 � -ac o Lrov` ,uo' ' rovro� o� c y ro oa ; u -ro EN ro« a Eci • .c m>,m= y J -69 Jo ` E 'tlro«:a • o f o o > e o ro c y m ro c m p v v m p' (')L._ N > •_ v No L� Nmuy s veeom roL � 3o c v¢ e._ vv ao�`-"' eo cw� 3 ovA oYNs m _ mp`-'vp aLv- Cv a Y L•B p .. a y._ ya „ U >c CVYNt ° roC I COUNCIL WORKSHOP CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) King County Councilmember Julia Patterson D) Legislative Update E) Economic Development Report PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through H. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of February 15, 2011. 7B. Approval of Bills. Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 15, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/11 Wire Transfers 4467-4486 $1,618,572.29 1/31/11 Regular Checks 650314-650328 3,576,585.18 Void Checks 650434, 650459 (89,025.14) 650551 Use Tax Payable 710.06 $5,106,842.39 Approval of checks issued for payroll for January 16 through January 31 and paid on February 4, 2011: Date Check Numbers Amount 2/4/11 Checks 321515-321715 $ 141,322.10 2/4/11 Voids & Reissues 321716 509.21 2/4/11 Advices 278658-279283 1,202,295.65 $1,344,126.96 y RCN i Kent City Council Meeting Was„ „ ,., February 15, 2011 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Harmon, Higgins, Perry, Ranniger, Raplee, and Thomas. (CFN-198) CHANGES TO THE AGENDA A. From Council, Administration, Staff. (CFN-198) No changes to the agenda were made. B. From the Public. (CFN-198) No changes to the agenda were made. PUBLIC COMMUNICATIONS A. Public Recognition. (CFN-198) Representatives of Boy Scout Troop 888, who meet at the LDS church, were introduced. B. Community Events. (CFN-198) Councilmembers Ranniger and Raplee announced upcoming events throughout the city. C. Arts Commission Community Support Recognition. (CFN-118) Cultural Programs Manager Ronda Billerbeck introduced the 2011 funding recipients and recognized Arts Commission members. D. Leaislative Update. (CFN-198) Community and Public Affairs Manager Michelle Witham gave a brief report on the status of the City's top legislative issues. E. Public Safety Report. (CFN-122) Police Chief Thomas updated monthly crime statistics for December-January, and outlined changes being made in the department. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through O. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of February 1, 2011, were approved. B. Approval of Bills. (CFN-104) Payment of the bills received through January 15 and paid on January 15 after auditing by the Operations Committee on February 1, 2011, was approved. Checks issued for vouchers were approved: Date Check Numbers Amount 1/15/11 Wire Transfers 4446-4466 $1,645,986.35 1/15/11 Regular Checks 649868-650313 1,763,063.93 Void Checks 649872-649982 (7,201.57) Use Tax Payable 1,111.92 $3,402,960.63 1 Kent City Council Minutes February 15, 2011 Checks issued for payroll for January 1 through January 15 and paid on January 20, 2011, were approved: Date Check Numbers Amount 1/20/11 Checks 321318-321514 $ 176,039.35 1/13/11 Voids & Reissues 321317 0.00 1/20/11 Advices 278036-278657 1,437,373.84 $1,613,413.19 C. Purchase of Hewlett-Packard Server Enclosure. (CFN-1155) The Mayor was authorized to continue with Hewlett-Packard Company (HP) in an amount not to exceed $119,176.96, inclusive of applicable state taxes, subject to review of final terms and conditions acceptable to the City Attorney. D. 2011 Budaet Adiustment for Utility Tax Ordinance. (CFN-186) Ordinance No. 3989 authorizing a budget adjustment to reduce the utility tax revenues by $1,276,595 in three funds and to reduce the expenditures in those funds by $1,276,595 was adopted. E. Budaet Certification for Annexation Sales Tax Credit Resolution. (CFN-104) Resolution No. 1839 approving the certification of $4,530,373 for the Panther Lake annexation sales tax credit for the period July 1, 2011 through June 30, 2012, was adopted. F. Storm Flooding Reimbursement Resolution. (CFN-104) Resolution No. 1840 approving the certification of $4,530,373 for the Panther Lake annexation sales tax credit for the period July 1, 2011 through June 30, 2012, was adopted. G. Public Display of Fireworks Ordinance. (CFN-122) Ordinance No. 3990 amending Chapter 13.05 of the Kent City Code, adding cultural events to the list of public display of fireworks and adding a new Section 13.05.070, entitled, "Permit for the use of firecrackers, salutes and chasers, was adopted. H. Parking Semi-Trucks Containing Hazardous Materials During Flood, Ordinance. (CFN-122) Ordinance No. 3991 amending Chapter 9.38 of the Kent City Code, adding a new Section 9.38.200, entitled, "Flood Emergency Hazardous Materials Parking Zone," was adopted. I. GEI Consultants Contract, Briscoe & Desimone Levees Conditional Letter of Mao Revision (CLOMR) Review. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with GEI Consultants for peer review of the Conditional Letter of Map revision for the Briscoe/Desimone Levee Project, in an amount not to exceed $19,342, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. J. GEI Consultants Contract, Boeing Levee Conditional Letter of Mao Revision (CLOMR) Review. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with GEI Consultants for peer review of the Conditional Letter of Map revision for the Boeing Levee Project, in an amount not to exceed $14,528, 2 Kent City Council Minutes February 15, 2011 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Tetra Tech Contract, Lower/Lowest Russell Road Levee Conditional Letter of Mao Revision (CLOMR) Review. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Tetra Tech for peer review of the Conditional Letter of Map revision for the Lower/Lowest Russell Road Levee Project, in an amount not to exceed $13,702, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. L. Tetra Tech Contract, SR 516 to S. 2315t Way Levee Conditional Letter of Mao Revision (CLOMR) Review. (CFN-1318) The Mayor was authorized to sign a Consultant Services Agreement with Tetra Tech for peer review of the Conditional Letter of Map revision for the SR 516 to S. 231st Way Levee Project, in an amount not to exceed $13,702, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. M. Waste Reduction and Recycling (WRR) Grant Amendment. (CFN-904) The Mayor was authorized to sign an Amendment to the Waste Reduction and Recycling Grant Agreement for 2010/2011, in an amount not to exceed $11,895 and amend the budget accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. N. Local Hazardous Waste Management Program Grant. (CFN-738) The Mayor was authorized to accept the Local Hazardous Waste Management Program Grant for 2011 in the amount of $24,103.33 and establish a budget to receive the grant funds and to allow expenditures for grant purposes, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. O. Tetra Tech Contract, 2011 Lakes Monitoring. (CFN-675) The Mayor was authorized to sign a Consultant Services Agreement with Tetra Tech, Inc. in an amount not to exceed $39,998.38 to monitor and analyze surface water quality conditions and aquatic weeds in Lake Fenwick and Lake Meridian during 2011, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. BIDS A. Kent Guiberson Corrosion Control Facility. (CFN-1111) The bid opening for this project was held on December 28, 2010, with seven bids received. The low bid was submitted by McClure and Sons, Inc., in the amount of $937,432.79. Public Works Director LaPorte explained the project and recommend award to the low bidder. Raplee moved to award the Kent Guiberson Corrosion Control Facilities contract to McClure and Sons, Inc., in the amount of $937,432.79 and to authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Higgins seconded and the motion carried. 3 Kent City Council Minutes February 15, 2011 REPORTS A. Council President. (CFN-198) Perry noted that a vision and strategic initiatives were developed at a recent work session. B. Mayor. (CFN-198) Mayor Cooke noted that she has been spending time with legislators, and that she recently attended the Chinese New Year put on by the Chinese Chamber of Commerce. C. Administration. (CFN-198) Hodgson said there will be an executive session of approximately 20 minutes to discuss two items of property acquisition, with action expected on one. D. Economic & Community Development Committee. (CFN-198) Perry noted that this month's meeting was cancelled. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) No report was given. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Raplee noted that due to the upcoming holiday, the date of the meeting has been changed to February 28. I. Regional Fire Authority. (CFN-198) No report was given. J. South King County Area Transportation Board (SCATBd). (CFN-198) Thomas noted that he attended today's meeting and said Seattle and Tacoma should work together as a regional port, since San Francisco and Los Angeles work together, and Vancouver and Port Rupert work together. He added that after the opening of the Panama Canal in 2014, there will be even more competition, including Charleston and Savannah. EXECUTIVE SESSION The regular meeting recessed to Executive Session at 7:48 p.m., and reconvened at 8:05 p.m. ACTION AFTER EXECUTIVE SESSION Property Acauisition. (CFN-239) Mayor Cooke noted that the City is in the process of certifying the Horseshoe Bend Levee, and that the proposed property is needed in order to construct a set-back levee to back up the existing levee in the east river bend area. Raplee moved to authorize the Mayor to sign the Purchase and Sale Agreement between the City of Kent and Lance Kyle, as well as any other documents necessary to complete the sale for the acquisition of the property located at 8425 S. 259th Street, Kent, Washington, for the Horseshoe Bend Levee project within established budgets, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. Harmon seconded and the motion carried. 4 Kent City Council Minutes February 15, 2011 ADJOURNMENT The meeting adjourned at 8:07 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 5 �•+/ K * T Kent City Council Workshop February 15, 2011 Councilmembers Present: Albertson, Harmon, Higgins, Ranniger, Raplee and Thomas The meeting was called to order at 5:37 p.m. by Council President Perry. Legislation. Michelle Witham discussed with Councilmembers how they would prefer to provide feedback to Doug Levy on legislative issues, and after a lengthy discussion it was determined that they should individually forward their comments to Michelle, who will forward them on to Levy. Witham emphasized that the timeframe to provide input is very short. Council Retreat Follow-Up. Perry asked Councilmembers to review the notes from Bonnie Boyle and the work plan, and provide her with input by email. She asked staff to continuously update their committees on the progress being made on work plan items, and said that Council will check in occasionally Hodgson indicated that Boyle will provide a template consisting of actions, responsible department, timelines, and measures, for use in creating work plans around the strategies. He said the intention is to deliver the work plans to Council by the first part of April, at which time an evening meeting could be held to go over them with staff. Council considered having an additional meeting for Council only to review and discuss the issues. Hodgson asked for input from Councilpersons on how to present the vision statement to staff. Added Item — Suburban Cities Association Report. Higgins announced that the Suburban Cities Association recommended supporting renewal of the Veterans & Human Services levy this fall at the current level, but no increase in the levy. He added that the SCA voted to support the same language as AWC supports in the public records requests bill. The meeting adjourned at 6:25 p.m. Brenda Jacober, CIVIC City Clerk KENT HA= Agenda Item: Consent Calendar - 7C TO: City Council DATE: March 1, 2011 SUBJECT: Division of Services Interlocal Agreement with Kent Fire Department Regional Fire Authority - Authorize MOTION: Authorize the Mayor to sign the First Amended Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The original Interlocal Agreement (ILA) for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority (RFA) was executed by the City on August 3, 2010, and by the RFA on August 4, 2010. The parties have determined that amendments to the ILA are necessary. The amendments include a change to the section that exempts City property from the Fire Benefit Charge. This change is deemed necessary to better align the language of the ILA with the language of the statute that authorizes the exemption. In addition, the parties have determined that it would be advantageous for the RFA vehicle maintenance crew, when directed by the Kent Police Department, to perform inspections of vehicles involved in accidents. This would include the inspection of Police Department vehicles and citizen vehicles involved in serious accidents or in criminal traffic offenses. This work to be performed by the RFA on behalf of the City is set forth in a new Exhibit "L" to the ILA. The Police Department has determined that utilizing the RFA is the most cost effective approach to providing this service. Additional amendments to the ILA were made necessary to account for the new exhibit. As a result, this first amended interlocal agreement replaces the original KFDRFA interlocal agreement in its entirety. EXHIBITS: Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None AGREEMENT among VALLEY COMMUNICATIONS CENTER and KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY and THE CITY OF KENT THIS AGREEMENT among the VALLEY COMMUNICATIONS CENTER ("VCC"), KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY (-KFDRFA") and the CITY OF KENT ("City") supplements and amends the rights and obligations between the City and VCC only as it applies to the Interlocal regarding VCC entered into among the cities of Auburn, Federal Way, Kent, Renton and Tukwila dated on or about April 17, 2000 and amended on or about February 27, 2008 and again on or about October 4, 2010. RECITALS A. On or about April 17, 2000, the cities of Auburn, Federal Way, Kent, Renton and Tukwila entered into an interlocal agreement that included the City as a member of VCC, and that amended certain provisions, rights and obligations among the member cities (the "Valley Communications Center Interlocal"). B. KFDRFA is a new Regional Fire Protection Service Authority, formed pursuant to Kent City Council Resolution 1820 and subsequent approval by public vote, to provide fire and emergency medical services (EMS) within its jurisdictional boundaries. It is an entirely separate and distinct entity from the City. Section 1 of the Second Amendment to the Valley Communications Center Interlocal Agreement addresses the relationship among VCC, the City, and KFDRFA as follows: The City of Kent may enter into an interlocal agreement with the KFDRFA for the purposes of providing fire and emergency medical services dispatch via the City of Kent's membership in VCC. Upon execution of the interlocal agreement, the City of Kent may, at its option and under such terms and conditions as Kent deems proper, appoint KFDFRA to function as do the other Member City Fire Departments, for purposes of its representation on the Operations Board and for purposes of calculating and remitting payment for dispatch services. VCC and the KFDFRA shall mutually indemnify one another without passing that indemnification through the City. C. Pursuant to the request of the City, at a meeting held on June 18, 2010, the VCC Administration Board approved by unanimous motion that VCC and KFDRFA should mutually indemnify each other without passing that obligation through the City via the indemnification provision established in the VCC Interlocal. Additionally, this motion also approved and reaffirmed that KFDRFA would be Page 1 of 7 charged the same rate per fire/EMS incident that would be charged to member cities for their fire/EMS incidents. The Valley Communications Center Interlocal Agreement was amended accordingly, effective October 4, 2010. NOW, THEREFORE, in consideration of the mutual rights and obligations established in this agreement, the parties agree as follows: AGREEMENT 1. PROVISION OF SERVICE. VCC will provide fire and emergency medical dispatch services to the City and KFDRFA pursuant to the VCC Interlocal, and the City will also make VCC's services available to KFDRFA pursuant to the terms of the City/KFDRFA Interlocal Agreement. 2. CALL FOR SERVICE. For purposes of this Agreement, the definition of a call for service will apply as outlined in Valley Communications Center Standard Operating Procedure #124, as written or hereafter amended. 3. VCC RESPONSIBILITIES TO KFDRFA. VCC will furnish the following dispatch services to KFDRFA. 3.1 Receive and accept all emergency, fire, and medical calls from within the boundaries of areas served by KFDRFA. 3.2 Transmit alarms to KFDRFA and dispatch the equipment according to the procedures established by VCC with input from KFDRFA. 3.3 Maintain radio and support communications with KFDRFA from the time of the initial alarm until conclusion of the emergency and to provide additional assistance as needed with customary support as provided by VCC. 3.4 Prepare and forward to KFDRFA a printed record of all emergency calls for service received, calls transmitted, and vehicles dispatched. 3.5 Record and maintain a record of radio and telephone communications relating to all emergency incidents as required by the VCC Operations Board, unless requested by KFDRFA to retain any particular record for a longer time. VCC shall also make available a copy of the record for KFDRFA at mutually agreeable times should KFDRFA so desire. 3.6 Provide communication services to process requests for support assistance from utilities, medical services, police services, and other services to aid KFDRFA if such assistance should be requested. 3.7 Provide telephone lines and call numbers as agreed upon between the parties consistent with Section 4.3 below. Page 2 of 7 3.8 Pay the cost for telephone line service charges between VCC and any receiver located in the KFDRFA's boundaries, except as provided in Section 4.3 below. 3.9 Provide agreed upon services by VCC twenty-four (24) hours per day, seven (7) days per week, during the term of this agreement. 3.10 Provide KFDRFA with a copy of VCC's standard operating procedural rules for dispatching. 3.11 Provide access to VCC's F.C.C. licensed radio system resources, subject to those constraints and restrictions established and imposed by the VCC Operating Board. 4. KFDRFA RESPONSIBILITIES TO VCC. 4.1 KFDRFA shall provide and maintain written alarm response procedures, on forms acceptable to VCC, designating equipment to be dispatched for all alarms within the City. 4.2 KFDRFA shall comply with the standard procedural rules for dispatch as may be established from time to time by VCC. 4.3 KFDRFA will pay any additional costs incurred by VCC for providing equipment or services requested by KFDRFA that solely benefit KFDRFA; provided, however, VCC may at its sole option, elect to pay for the equipment or service. 4.4 KFDRFA will conform to the standard communications procedures and apparatus numbering configurations as established by VCC. Apparatus renumbering will not be concluded without consultation with VCC. 4.5 KFDRFA authorizes the VCC Operations Board the exclusive right to grant new requests to use VCC licensed fire radio frequencies/talk groups for member or non-member agencies. 5. FEE FOR SERVICES. For the duration of this agreement, the rate for fire/EMS calls for service to be paid by KFDRFA shall be the same rate that the City, as a member city under the VCC Interlocal, would pay for those calls for service, were the City the direct provider of that service. VCC will bill KFDRFA directly for these calls, and KFDRFA will pay within thirty (30) calendar days of the date of VCC's invoice. VCC will have equal rights against both the City and KFDRFA as are provided by the VCC Interlocal for failure to make payment under this section. Page 3 of 7 Should the KFDRFA Plan be amended to allow the KFDRFA to have independently elected governing Board Members, the Member City rate for calls for service paid by KFDRFA shall terminate unless otherwise agreed to by the VCC Administration Board. 6. OTHER PROGRAMS. VCC is currently, and will in the future, consider other programs and services not specifically related to dispatch services described in Section S. This Agreement does not provide for or otherwise address such additional programs and services. Such additional programs or services shall be subject to further negotiations and agreement of the parties. 7. DISPATCH RECORDS. All records and recordings maintained for calls received from within KFDRFA's boundaries shall not be disclosed to any person without the consent of KFDRFA, unless a valid public disclosure request, subpoena or court order requires VCC to disclose such information, in which case VCC shall immediately notify KFDRFA. S. INDEMNIFICATION. In its provision of fire and life safety services through the use of VCC's services of providing fire and emergency medical dispatch services to KFDRFA, KFDRFA shall have the same rights to indemnification from VCC as the City would have under the VCC Interlocal. KFDRFA's right of indemnification will be direct as regards VCC and the City will not be included unless the City's negligence is asserted in the claim. In its provision of services to KFDRFA for KFDRFA's fire and life safety services, VCC shall have the same rights to indemnification from KFDRFA as VCC would have from the City under the VCC Interlocal. VCC's right of indemnification will be direct as regards KFDRFA, and the City will not be included unless the City's negligence is asserted in the claim. Except as modified in this section, all other rights and obligations pertaining to indemnification under the VCC Interlocal shall remain in full force and effect. The provisions of this section shall survive the termination or expiration of this agreement. 9. INSURANCE. KFDRFA shall maintain and carry at all times during the effective period of this Agreement, commercial general liability insurance against any and all claims which may arise from or in connection with the activities related to the performance of this agreement by KFDRFA, its agents, officers, employees or assigns. KFDRFA shall provide VCC with a certificate of insurance evidencing commercial general liability insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and Page 4 of 7 $2,000,000.00 aggregate for personal injury, bodily injury and property damage. VCC shall be named as an additional insured on the commercial general liability insurance policy, and a copy of the endorsement naming VCC as an additional insured shall be attached to the certificate of insurance. VCC reserves the right to receive a copy of a certified copy of all required insurance policies. Upon request by KFDRFA, VCC will provide KFDRFA a certificate of coverage evidencing liability coverage provided by its self-insured pool. If KFDRFA is self-insured for any of the above insurance requirements, a certificate of self-insurance shall be attached and shall be incorporated by reference and shall constitute compliance with this section. 10. LIMITATION OF AGREEMENT. This agreement is entered into for the benefit of the parties to this agreement only. The agreement is not intended to confer any benefits on any other parties and therefore no other or third party shall be entitled to rely on the terms of this agreement or anticipate receipt of any benefit as a result of the performance of this agreement. 11. OPERATIONAL REVIEW PROCEDURE. It is agreed that representatives of VCC and KFDRFA shall meet periodically, if requested by either party, to review operations or procedural matters of the VCC Dispatch Center and/or KFDRFA. 12. E911 PARTICIPATION. 12.1 VCC has entered into an agreement dated May 1, 1984 with King County, identified as the "KING COUNTY ENHANCED 911 PARTICIPATION AGREEMENT." ("E911 AGREEMENT') VCC is a primary Public Safety Answering Point ("PSAP"). KFDRFA and VCC agree to comply with all terms and conditions of the E911 AGREEMENT. 12.2 In the event this agreement is terminated, the party initiating the termination agrees to pay all costs, if any, associated with relocating, modifying or transferring any equipment or services provided by the E911 AGREEMENT (incurred by either VCC or KFDRFA) as the direct result of the termination. All E911 costs to be charged against the parties initiating termination shall be itemized and justified by the other party within six (6) months of receipt of the written notice of termination. Where termination is by mutual consent, each party of this agreement shall pay its own resulting costs. 13. VCC EQUIPMENT. All transmitters, consoles, alerting devices, call receiving equipment, and related facilities located at the VCC Dispatch Center shall be Page 5 of 7 purchased, operated, and maintained by VCC, except as provided in Section 4.3 above, and VCC is deemed the sole owner thereof. 14. KFDRFA EQUIPMENT. All transmitters, consoles, alerting devices, and related facilities located in KFDRFA shall be purchased, operated and maintained by KFDRFA as required by VCC in order to interconnect to VCC except as provided in Section 4, and KFDRFA is deemed the sole owner thereof. 15. RESERVATION OF OPERATIONAL RIGHTS. VCC retains sole authority to determine the technical operation and equipment needs of the VCC systems. This is necessary to insure maintenance of VCC's standards and the highest degree of compatibility and effectiveness among member/user agencies. 16. COORDINATION OF AGREEMENTS. Except as modified by this agreement, all of the rights, obligations, terms and conditions in the VCC Interlocal will remain in full force and effect. 17. TERMINATION. This agreement shall remain in effect until the City ceases to be a member of VCC, the City no longer receives fire protection services from KFDRFA, or until KFDRFA ceases to exist, or until the KFDRFA Plan is amended to allow the KFDRFA to have independently elected governing Board Members, whichever occurs first, unless this Agreement is terminated by mutual written agreement by VCC, the City, and KFDRFA. All parties, through their authorized agents, have read and understood this agreement and intend to be bound by it, and the authorized agents of the City, KFDRFA, and VCC have signed below. This Agreement shall be effective upon full execution. Page 6 of 7 CITY OF KENT KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY By: Print Name: Suzette Cooke By: Its: Mayor Print Name: Date Date signed: signed:___________ By direction of the City Council By direction of the Board taken March 1, 2011 Taken Attest: Attest: By: By: Print Name/Title: Print Name/Title: Approved as to Form: Approved as to Form: By: Kent City Attorney Print Name: Brian Snure Attorney for Kent Fire Department Regional Fire Authority VALLEY COMMUNICATIONS CENTER By: Print Name: Jim Haggerton Its: Administration Board Chair Address: 27519 108th Avenue SE Kent, WA 98030 Date signed March 4, 2011 By direction of the Administration Board taken on March 4, 2011 Approved as to Form: By: Print Name:Tom Brubaker Of Counsel to VCC P:\Civil\Fles\Open Files\0247-ValleyCom Geneml\VCC Kent KFDRFA Service Level AgreementFINAL.docx Page 7 of 7 KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: March 1, 2011 SUBJECT: National Development Council Consultant Agreement for Kent City Center Project - Authorize MOTION: Authorize the Mayor to sign the National Development Council Consultant Agreement with John Finke, Director, to provide consultant services for the Kent City Center Project in an amount not to exceed $40,000, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The Consultant will participate in the advisory committee, review applications and guide the process for both the Request for Qualifications (RFQ) and Request for Proposals (RFP). Ultimately, the Consultant will assist the City in selecting the team and proposal that have the greatest likelihood of achieving the City's financial and development goals for the project. This scope of work will include: • Review and evaluate the RFQ submitted by development teams • Provide recommendations to staff related to RFQ • Assist City staff and advisory committee in developing the criteria and strategy for the RFP • Assist in drafting RFP • Actively participate and advise the committee in the review and evaluation of RFP's submitted by development team finalists • Assist the City in selecting the proposal that has the greatest likelihood of achieving the City's goals and objectives for the project. • Assist City staff in the drafting of the development agreement. • Negotiate on behalf of the City through the property transaction process. If you have any questions prior to the meeting, please call Kurt Hanson at 856-5706. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Yes KENT CONSULTANT SERVICES AGREEMENT Between the City of Kent and The National Development Council John Finke, Director THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The National Development Council, John Finke, Director organized under the laws of the State of Washington, located and doing business at The National Development Council, 1218 3rd Ave, Suite 1403, Seattle WA 98101, (206) 448-5244 (hereinafter the "Consultant'). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant will participate in the advisory committee, review applications and guide the process for both the Request for Qualifications (RFQ) and Request for Proposals (RFP). Ultimately, the Consultant will assist the City in selecting the team and proposal that have the greatest likelihood of achieving the City's financial and development goals for the project. This scope of work will include: • Review and evaluate the RFQ submitted by development teams • Provide recommendations to staff related to RFQ • Assist City staff and advisory committee in developing the criteria and strategy for the RFP • Assist in drafting RFP • Actively participate and advise the committee in the review and evaluation of RFP's submitted by development team finalists • Assist the City in selecting the proposal that has the greatest likelihood of achieving the City's goals and objectives for the project. • Assist City staff in the drafting of the development agreement. • Negotiate on behalf of the City through the property transaction process. As further described in Consultant's work plan attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I beginning on March 1, 2011 and ending on March 31, 2012. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Thousand Dollars and no/100 ($40,000.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: The National Development Council, Kurt Hanson, Economic Development Manager John Finke, Director City of Kent 1218 3rd Ave Suite 1403 220 Fourth Avenue South Seattle WA 98101 Kent, WA 98032 (206) 448-5244 (telephone) (206) 448-5246 (facsimile) (253) 856-5706 (telephone) (253) 856-6454 (facsimile) APPROVED AS TO FORM: Kent Law Department CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200__. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS No Insurance is required for this Contract. Exhibit A Work Program for John Finke, Kent City Center Proiect 1. Review and evaluate Request for Qualification submittals by development teams for the Kent City Center Project. The Consultant will participate in the advisory committee that will review applications, guide the process, and make the final selection of a successful proposal. The Consultant will review and evaluate the Request for Qualifications submitted by interested development teams and provide recommendations. 2. Assist in developing the Request for Proposals and overall process to select a successful proposal. The Consultant will assist the City's staff and the advisory committee in developing the criteria and strategy for the Request for Proposal (RFP) process and assist in the drafting of the RFP itself. The focus will be to create a RFP that maximizes the opportunity for the city to receive highly competitive proposals from all development teams selected as finalists that will meet the goals and objectives of the City for this project. 3. Review and evaluate Request for Proposals submittals from development team finalists. The Consultant will actively participate in and advise the advisory committee in the review, evaluation, and selection of the RFP's submitted by the development team finalists. The Consultant will assist the City in selecting the proposal that has the greatest likelihood of achieving the City's goals and objectives for the project. 4. Develop, support and participate in the negotiation of final purchase/sale and development agreements with selected development team. The Consultant will actively participate in and advise City staff and attorneys on the negotiation with the selected development team on the final terms and conditions of a purchase/sale agreement and development agreement for the project. The Consultant will work to ensure that the City's interests are protected and that the agreements provide a mechanism that allows both the selected developer and the City to implement and achieve a successful development. 5. Participate in presentation to City Council recommending the approval of agreements with selected development team. The Consultant will assist staff in the presentation to the City Council seeking approval of the selected development proposal and associated agreements. 6. Provide technical assistance to staff during the process of implementing the terms of the approved agreement with the successful development team. The Consultant will provide City staff with technical assistance during the implementation of the terms of the approved agreements with the selected development team to help ensure a timely, orderly, and successful implementation of the project. 7. The City shall pay the Consultant, based on time and materials, an amount not to exceed Forty Thousand Dollars for the services described in this work plan. This Consultant will provide monthly invoice which will be paid by the City on a monthly basis. The time frame for this agreement is March 1, 2011 through March 31, 2012. KENT "^ Agenda Item: Consent Calendar - 7E TO: City Council DATE: March 1, 2011 SUBJECT: 2011 City Art Plan and Five Year Plan - Approve MOTION: Approve the 2011 City Art Plan and Five Year City Art Plan for 2011-2015. SUMMARY: The attached City Art Plan details projects for 2011 and lists art expenditures planned for 2011-2015, as part of the 5 year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on November 30, 2010. EXHIBITS: 2011 City Art Plan and 5 Year Plan, Ordinance 2552 RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted in the City Art Budget and Public Art Budget from the $2.00 per capita funds through Ordinance No. 2552 - City Art Program CITY OF KENT Parks, Recreation &Community Services Kent Arts Commission 2011 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2011 - 2015 Ordinance 2552 Approved: Visual Arts Committee Kent Arts Commission City Council Sub-Committee: City Council CITY OF KENT Parks, Recreation &Community Services Kent Arts Commission 2010 CITY ART PLAN New Projects 2011 Budget Capital Project Artwork: Earthworks Greenway Art Plan 7,000 Capital Project Artwork: Earthworks Bicycle Tour Artwork 50,000 Community Project Artwork: Panther Lake Fiber Art Program 12,000 Capital Project Artwork: Park Orchard Master Plan 2,500 Capital Project Artwork: Artist Designed Historic and Public Art Signage 15,000 Community Project Artwork: Youth Artwork 5,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 12,331 TOTAL 2011 BUDGET FOR 19026223.66500.4310 $108,831 OTHER EXPENSES Salary &Administration (supplies, professional services, $119,605 maintenance/repair) TOTAL 2011 BUDGET FOR 10006223.4310 $119,605 Total $2 / capita 114,218 x 2 $228,436 Previously Approved Projects In-Motion Capital Project Artwork: Community Park Reinvestment Program $30,700 Capital Project Artwork: Earthworks Interpretive & Public Access Program $20,000 TOTAL 2011 Anticipated Expenditures $279,136 2 KENT ARTS COMMISSION 2011 CITY ART PLAN NARRATIVE Project Title: Capital Project Artwork: Earthworks GreenwayArt Plan Project Description: Parks Planning is leading a Master Plan project for the Earthworks Greenway. A Planning Artist would be hired to participate in the Design Team process, identifying opportunities for landscape oriented artwork interventions. Estimated Costs: $7,000 Funding Source: 2011 City Art Plan Background: In 2007, the Kent Arts Commission funded a University of Washington Construction/Hydrology Studio that Kent Public Works described as "ingenious." All agreed that integrating art into the greenway was a high priority of future storm water and recreational planning. A focus of the artist's work will be the relationship between the Herbert Bayer Earthwork and connections to the surrounding community. Location: Earthworks Park Project Title: Capital Project Artwork: Earthworks Bicycle Tour Artwork Project Description: Parks Cultural Division is leading a cultural tourism project that provides bicycle access to the Green River Earthworks. Multiple, small-scale sculptures and/or other artistic expressions will be located at key points along the bicycle route to increase public use and help with way-finding. Estimated Costs: $50,000 Funding Source: 2011 City Art Plan Background: In 2010, the Kent Cultural Division received a $25,000 grant from the National Endowment for the Arts to create a bicycle tour that connects the Herbert Bayer Earthwork, Robert Morris Earthwork, Green River Natural Resources Area and Lorna Jordan's Waterworks Gardens. Giant sandbags along the levee require closing the Green River Trail to bicyclists in Kent for the next 4-5 years. This tour offers an alternative, destination-based route. Furthermore, rather than allowing Kent to be portrayed as a place to avoid due to the risk of flooding, we can encourages cultural tourism and highlight these artistic solutions to stormwater management. The Earthworks Bicycle Tour Artwork would augment the NEA grant funded signage, interpretive and promotional materials. This project dovetails with King County's Communities Putting Prevention to Work initiative that includes bicycle planning. Location: Kent owned properties along the bicycle route. 3 Project Title: Community Project Artwork: Panther Lake Fiber Art Program Project Description: Fiber arts (fabric, beadwork, knitting) are practiced and appreciated across diverse cultures. This project would create a partnership between community artists and a professional textile artist with the intent of validating artistic traditions and creating entrepreneurial opportunities. Estimated Costs: $12,000 Funding Source: 2011 City Art Plan Background: With the annexation of Panther Lake, Kent is now home to the three largest King County Housing Projects. This project would take place at Cascade, which has a large immigrant population. The goal would be to bring people together from differing backgrounds in a partnership between the Cultural Division and Housing & Human Services Division. Location: Panther Lake Annexation, Cascade Housing Project Title: Capital Project Artwork: Park Orchard Art Plan Project Description: Parks Planning is leading a Master Plan project for Park Orchard Park. A Planning Artist would be hired to participate in the Design Team process, identifying opportunities to connect Park Orchard Elementary to the park. Estimated Costs: $2,500 Funding Source: 2011 City Art Plan Background: Prior to annexation, Park Orchard Park was managed by King County. Location: Panther Lake Annexation, Park Orchard Park Project Title: Capital Project Artwork: Artist Designed Interpretive Signage Project Description: Many of our parks have historic significance, including Van Doren and Lake Meridian and this project would inform the community of Kent's past. Additionally, much of the City Art collection is unmarked. Working with local historians, an artist would be hired to research locations; create a "look and feel" for historic and public art signage; fabricate and install the first phase of signage projects Estimated Costs: $15,000 Funding Source: 2011 City Art Plan Location: tbd 4 Project Title: Community Art Project: Youth Training artwork Project Description: Artwork fabricated and installed by Kent youth. Youth to work with professional teaching artist and potentially a local artisan. Funding Sources: $5,000 2011 City Art Plan $16,140 King County VEST Background: In 2009, the King County Youth Training program partnered with the Kent Resource Center and Kent Arts Commission to create murals on the East Hill and at Glenn Nelson Park, led by teaching artist Louis Chinn. The program was repeated at Kent Meridian High School in 2010. We plan to repeat this project at a new location in 2011. Location: to be determined Proiect Title: Portable Collection Purchases Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities. Estimated Costs: $5,000 Funding Source: 2011 City Art Plan Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Proiect Title: Collection Maintenance and Programming Project Description: Projects in-progress include outdoor sculpture maintenance and collection repair. Estimated Costs: $12,331 Funding Source: 2011 City Art Plan Background: This fund may be used for maintaining and providing programming for existing artworks. 5 Project Title: Capital Project Artwork: Community Park Reinvestment Program Project Description: The Parks Masterplan is focused on rehabilitation and reinvestment in aging parks. This funding would be available to create "placemaking" amenities at parks. Estimated Costs: $30,700 Funding Source: 2008, 2009 and 2010 City Art Plan Location: tbd Background: The amount of $30,700 was previously designated for Clark Lake Park, development has slowed for a variety of reasons, so the amount is being made available to other parks such as Tudor Square and Seven Oaks as redevelopment moves forward in 2011 and 2012. Project Title: Capital Project Artwork: Earthworks Interpretive & Public Access Program Project Description: Provide audio podcasts; provide interpretive signage onsite; provide activities and programs during the NEA inaugural bike ride. Estimated Costs: $20,000 Funding Source: 2011 City Art Plan Background: The Kent Arts Commission is applying for grant funding to restore the Earthworks. These grants are for "bricks and mortar" work only, but public access is an important qualifier. 6 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN 2011 - 2014 2011 PROJECTS COSTS Capital Projects Total $108,831 Capital Project Artwork: Earthworks Greenway Art Plan 7,000 Capital Project Artwork: Earthworks Bicycle Tour Artwork 50,000 Community Project Artwork: Panther Lake Fiber Art Program 12,000 Capital Project Artwork: Park Orchard Master Plan 2,500 Capital Project Artwork: Artist Designed Interpretive Signage 15,000 Community Project Artwork: Youth Artwork 5,000 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 12,331 Administration/Maintenance $119,605 Year Total $228,436 2012 PROJECTS COSTS Capital Projects Total 98,043 Community Project Artwork 37,079 Community Project Artwork: Panther Lake Annexation 49,650 Collection maintenance and programming 10,000 Portable Collection Purchases 5,000 Administration/Maintenance 126,717 Year Total $228,436 2013 PROJECTS COSTS Capital Projects Total 91,708 Community Project Artwork 30,734 Community Project Artwork: Panther Lake Annexation 49,650 Collection maintenance and programming 10,000 Portable Collection Purchases 5,000 Administration/Maintenance 133,052 Year Total $228,436 2014 PROJECTS COSTS Capital Projects Total 85,056 Community Project Artwork 70,056 Collection maintenance and programming 10,000 Portable Collection Purchases 5,000 Administration/Maintenance 139,704 Year Total $228,436 2015 PROJECTS COSTS Capital Projects Total 85,056 Community Project Artwork 70,056 Collection maintenance and programming 10,000 Portable Collection Purchases 5,000 Administration/Maintenance 139,704 Year Total $228,436 7 i ORDINANCE NO. U' AN ORDINANCE of the City of Kent, 11YN Washington relating to public art; establishing a City Art Program, directing establishment of guidelines and procedures for administration of /� \ A the City Art Program; establishing a City Art v� Fund; adding a new Chapter 2.35 Kent City Code I in conjunction therewith; amending i Chapter 2.34 KCC concerning the City of Kent Arts Commission (Sections 1 - 6, Ordinance rtJn 1944); repealing KCC 3 .14.368, the Arts V� I� Commission Fund (Section 7 , Ordinance 1944) . i, WHEREAS, the aesthetic nature and charm of the City of jl Kent shall be enhanced, and the citizens of the City of Kent shall , Ilhold and enjoy works of art for the public environment and welfare; and WHEREAS, the City intends to expand the opportunity for �'i Kent residents to experience art in public places and to create a jlmore visually pleasing and humane environment; and WHEREAS, it is appropriate to establish a means whereby the City of Kent Arts Commission shall maintain an orderly acquisition of art by the City of Kent; and l WHEREAS, there shall be a City Art Program which shall consist of Guidelines, Procedures and an Art Plan; NOW 'THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS: section 1. A new Chapter 2.35 is added to the Kent City Code, as follows: CITY ART PROGRAM '. j2.35.010. ART FUND CREATED. There is hereby established a City Art Fund. Monies for the Fund shall be received from: it A. ANNUAL BUDGET. Two (2) dollars per budget year I for each City resident, based upon population data certified by i the State of Washington Office of Financial Management. Budgeted i I but unspent funds shall be maintained in the Art Fund, and carried) forward at the end of each budget year. i I B. GIFTS, DONA•PIONS AND GRANTS. Private or public gifts, endowments, donations, bequests or other grants. C. OTHER. Such other sources as may be available. � I D. INTEREST FROM THE, CITY ART FUND. I I 2 .35.020. FUND USE - ART PROGRAM - COLLECTION. A. Inclusions - The City Art Fund may be used for all costs for works of art, administrative costs of the City Art j Program, and all costs of installation and maintenance. B. The City of Kent Arts Commission and Staff shall recommend the amount to be made available for the purchase �I of art, in consultation with city staff. The designation of projects and sites, selection, contracting, purchase, commissioning, review of design, execution and placement, acceptance, maintenance, sale, exchange, or disposition of work of art shall be recommended by the Kent Arts Commission and Staff, for approval by the City Council, in accordance with the City Art Program Guidelines. C. All works of art purchased and commissioned under the City Art Program shall become a part of a City Art Collection. The City Art Collection shall be developed, administered and operated by the Kent Arts Commission with Ilcooperation and support of the Kent Parks Department Staff. D. The works of art may be placed on public lands, integrated with or attached to a public building or structure,, detached within or outside a public building or structure, or part lof a portable collection or exhibit. 2 i I E. Nothing in this Chapter shall limit the amount of money the City of Kent may expend for art. �i 2 .35 .030 . GENERAL PROCEDURES. A. Upon consultation with the City of Kent Arts Commission, Guidelines and Procedures shall be prepared by Staff for the implementation of the Arts Program. Such Guidelines and Procedures shall be reviewed by the City of Kent Arts Commission and Staff annually, and recommendations shall be made to the City Council for approval. E i I B. A City Art Plan including a schedule and budget Iifor all City Art Program projects shall be prepared and updated Ilannually by the City of Kent Arts Commission and Staff. The City Art Plan shall be reviewed and approved annually by the City Council. Section 2. Chapter 2 .34 KCC (Ordinance 1944, Sections 1 - 7 ) is amended as follows: KENT ARTS COMMISSION i 2.34.0(-F4+)l0. ARTS COMMISSION CREATED. There is hereby created ( (af s--ogm,4-es e+m.-te--be krmaara---a s-)) the Kent Arts 'l Commission. ''.. 2 .34 .0((44)20. PURPOSE. The City of Kent Arts Commission and Staff may, alone or in cooperation with any other ' private, civic or public body of any City, county or the State of Washington, initiate, sponsor or conduct programs calculated to further public awareness of and interest in the visual and performing arts. 2 .34 . ( f+2-)-)030 . MEMBERSHIP - TERM. The membership of �Ithe City of Kent Arts Commission shall be twelve members to be appointed by the Mayor with the approval of the City Council. Of the first twelve members appointed, six shall be appointed for two years and six shall be appointed for four years, with the it l �il - 3 i i respective terms of each initial appointee to be determined by 1, lot. Subsequent appointments shall be for a period of four years or for the unexpired balance of the term for which appointed, whichever is the lesser period. In addition to the twelve lappointed members, one member of the City Council shall he designated by the president of the Council to serve as an ex officio member of the City of Kent Arts Commission for a term of one year. 2.34.( (JY ) )040. OFFICERS - MONTHLY MEETINGS. The City of Kent Arts Commission shall elect its officers, including a chairman, vice chairman, and such officers as it may deem necessary. Such persons shall occupy their respective offices for a period of one year. The City of Kent Arts Commission shall hold regular public meetings at least monthly. i 2 .34((-86-) )050 . RULES - PUBLIC RECORD. The City of Kent Arts Commission shall adopt rules for transaction of business and shall keep written minutes of its proceedings which minutes shall be a public record. 2 .34. (�,4 )060. BUDGET. The City of Kent Arts Commission and Staff shall each year submit to the City Administrator and City Council for approval a proposed budget for the following year in the manner provided by law for preparation ICI fffl and submission of budgets by appointive officials. Section 3. KCC 3 .14.368 (Ordinance 1944, section 7 ) is �! hereby repealed: -_--_- - `nd alit ed City a£ Kent Arts G—w-Gs-en-iund, - �I i' t-ege >==„- ' -a-aic�'� uew es, grants, gifts er ].P di s.,,. ,.ig fund nl .e.._-aelyy. and -±1 bainitcee thi� fund ftt the end of the 4 _ i l the sueeee4lng year. Section 4. 1986 Budget - Funding. The funding provided for in KCC 2 .35.010 shall first take effect and be in force for i the 1986 City of Kent Budget. i Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by ZAw. ISABEL HOGAN, RAY ATTEST: BETTY dAY, DliPO' C1'1'Y CLERK APPROVED AS TO FORM: �wg"/ a� P.P. S�TLIPHEN DiJULIO, CITY ATTORNEY '.. I 1 PASSED the /,S- day of 1985. 'i APPROVED the _,/7_day of mid- 1985. PUBLI SI3ED the day of L i 1985. I hereby certify that this is a true copy of Ordinance No. a6Gc'�4 passed by the City Council of the City of Kent, I Washington, and approved by the Mayor of the City of Kent as hereod indicated. (SEAL) BETTY GRAY, DEPUTY CITY CLERK 2540-110 { 5 KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: March 1, 2011 SUBJECT: Communities Putting Prevention to Work Grant Budget Amendment - Authorize MOTION: Authorize the Mayor to sign a Budget Amendment from the Seattle/King County Health Department under the Communities Putting Prevention to Work Grant Agreement, in the amount of $180,000, and approve the expenditure of the funds in accordance with the grant agreement, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: The City of Kent has been awarded $180,000 from the Seattle/King County Health Department under the Community Putting Prevention to Work (CPPW) grant. Grant funds will be used to complete bicycle pedestrian planning, analyze options to increase access to healthy food, and implement nutritional standards within City facilities. The project budget has been amended in order to reallocate funds that were not used in 2010 to carry over into the 2011 & 2012. EXHIBITS: Scope of Work, Budget, and Invoices RECOMMENDED BY: Parks and Human Services BUDGET IMPACTS: Funded through the Parks Planning and Development CPPW Budget CONTRACT # D40455D CONTRACT AMENDMENT / CHANGE ORDER AMENDMENT # 1 PROJECT NAME: CPPW Healthy Eating Active Living PHSKC PROGRAM MONITOR: Gladys Nkeze CONTRACTOR: City of Kent 220 4th Ave. S Kent, Washington 98032 ORIGINAL CONTRACT START DATE: 07/21/2010 AMENDMENT EFFECTIVE DATE: 12/01/2010 This amendment effects the following changes: CHANGES TO CONTRACT BOILERPLATE NONE REPLACE THE FOLLOWING CONTRACT EXHIBITS Exhibit A —Scope of Work as attached hereto Exhibit B — Budget as attached hereto Exhibit C — Invoice as attached hereto All other terms and conditions of the referenced contract, including any amendments, shall remain unchanged. IN WITNESS HEREOF, the parties hereto have caused this amendment to be executed and instituted on the date first written. KING COUNTY CONTRACTOR FOR King County Executive Signature Date Name (please type or print) Date Exhibit A — City of Kent Healthy Community Planning Scope of Work Introduction: The City of Kent will complete this scope of work supported by a Communities Putting Prevention to Work (CPPW) Healthy Eating Active Living grant from Public Health —Seattle & King County. The goals of CPPW HEAL are to support schools, local governments and communities to reduce overweight and obesity rates by increasing healthy eating and physical activity through policy, system and environment changes. The policy, system or environment changes the City of Kent agrees to implement with the CPPW grant funding include: • Increase access to opportunities for physical activity; • Increase access to healthy food and/or decrease access to unhealthy food for residents; and, • Limit unhealthy food and drink availability in City of Kent facilities and/or programs. Tasks: City of Kent will conduct the following tasks and produce associated deliverables to achieve the above outcomes. Project Outcome 1: City of Kent has actively supported policy, systems and environmental changes that result in increased mobility on bicycle and foot for the most at risk populations in the City, with an emphasis on school-age children. Task I: Propose modifications to policies and assist in education of policymakers on potential changes. Deliverable: Designate a liaison to facilitate policy work surrounding complete streets and evaluate potential impacts to adopted levels of service. Deliverable: Engage key City staff (traffic engineers, planners, etc) to participate in a Complete Streets workshop in partnership with CPPW consultants. The workshop will include a review of the existing street standards for consistency with generally accepted goals for complete streets and related levels of service criteria. Deliverable: Develop necessary supporting materials, reports and presentations for the City Council or appropriate Council Committee to consider any amendment to existing policies and/or standards. Deliverable: Present draft amendments for any proposed changes to City Council or the appropriate City Council Committee and provide a record of legislative action. (by May 15, 2011) Completion Date: May 30, 2011 Task II: Explore amendments to the City's adopted Non-motorized System and/or the creation of a separate connectivity plan to include trails, with an emphasis on improvements in close proximity to schools and parks. Deliverable: Designate a representative to actively participate on the "Built Environment Sub-Committee" and "Safe Routes to Schools Sub-Committee" of the CPPW Coalition and attend related workshops. Deliverable: Provide existing policies, plans and data to CPPW consultants including, but not limited to: GIS data, non-motorized system plan, existing prioritized non- motorized project lists and project prioritization selection criteria, schools/Safe Routes to Schools plans, parks, land use or physical activity, community facilities, demographics, geography, trails, and roads. Deliverable: Provide copies of the Public Involvement technical report from the Transportation Master Plan, including summary of the Transportation Task Force meetings. Deliverable: Facilitate and lead a regularly scheduled advisory committee composed of city departments (Public Works, Police, Planning, Mayor's Office, etc) and stakeholders (Neighborhood Councils, business owners, etc). Provide a list of attendees, their affiliation, agendas and meeting minutes. A consultant will be hired to provide facilitation for 12 advisory committee meetings. Deliverable: Present advisory committee findings and draft preliminary plans to City Council or the appropriate City Council Committee and Land Use & Planning Board at least once to receive feedback and direction. Provide a summary of comments/suggestions. This work will be completed after CPPW consultants review the non-motorized system plan, identify potential deficiencies, then collaborate with appropriate stakeholders to determine if any further public involvement process is needed in order to update the existing plan to address any deficiencies. Deliverable: Attend events in Kent School District with CPPW consultant regarding Safe Routes to Schools. Update the recommended safe walking routes, and identify appropriate improvements to encourage more students to walk/bike to school. Deliverable: Actively partner with CPPW consultant and Kent School District on implementation of Safe Routes to Schools programs (including providing maps, assessment data, school data, etc). Deliverable: Provide feedback to consultants for project prioritization related to safe routes. Deliverable: Develop a strategy for providing ongoing feedback on any draft amendments produced by consultants which are proposed to be added to the non-motorized system master plan and/or into a separate connectivity plan (i.e. advisory committee meetings). Deliverable: Facilitate internal review processes for draft plan amendments (environmental review, public hearings, Land Use & Planning Board, etc) Deliverable: Present draft non-motorized system master plan amendments and/or a separate connectivity plan to City Council or the appropriate City Council Committee and provide a record of legislative action. Completion Date: By January 15, 2012 Task III: Allocate funding for the implementation of priority projects. Deliverable: In partnership with Bicycle Alliance of Washington, Kent School District and CPPW consultants, develop proposed funding strategies to resolve identified infrastructure needs. Deliverable: Provide a record of draft proposed changes to existing Capital Improvements Program and revisions to the Non-motorized System Plan. Completion Date: February 29, 2012 Task IV: Partner in the development of land use patterns and zoning which encourage walking and biking Deliverable: Provide existing land use policies, community visions or goals related to compact development, transit oriented development, new urbanism, form based-code as well as the current comprehensive plan to CPPW consultant. Deliverable: Provide ongoing feedback to CPPW consultants from the advisory committee on draft comprehensive plan update materials which encourage active living. Deliverable: Along with CPPW consultants, present advisory committee findings and preliminary plans to City Council or the appropriate City Council Committee and Land Use & Planning Board at least once to receive feedback and direction. Provide a summary of comments/suggestions. Completion Date: January 15, 2012 Project Outcome 2: City of Kent has actively supported policy, systems and environmental changes that result in increased access to healthy food for the most at risk populations in the City, with an emphasis on school-age children. Task I: Partner in the development of policies, economic incentives and/or land use patterns and zoning which encourage consumption of healthy food and/or reduced consumption of unhealthy food. Deliverable: Provide existing land use policies, community visions or goals related to community gardens, p-patches, farmers markets, economic development, urban farming and/or food establishments. Deliverable: Provide ongoing feedback to CPPW consultants from the advisory committee on draft policies or plans which increase access to healthy food Deliverable: Along with CPPW consultants, present advisory committee findings and preliminary plans to City Council or the appropriate City Council Committee and Land Use & Planning Board at least once to receive feedback and direction. Provide a summary of comments/suggestions Deliverable: If yourjurisdiction, or an area contained within it, is designated as a high priority area with inequitable food access by King County Department of Natural Resources and Parks, designate an internal champion to facilitate the adoption of policy, systems and/or environmental changes with support from the University of Washington's Northwest Center for Livable Communities to increase healthy food access. Completion Date: September 15, 2011 Project Outcome 3: City of Kent has actively supported policy, systems and environmental changes that result in the adoption of nutritional standards in City owned and operated facilities and healthy food procurement policies across departments. Task I: Create a workgroup composed of staff actively engaged in programs that serve or offer food to develop and adopt nutrition guidelines and develop nutritional standards Deliverable: Submit a list of staff membership, affiliation and approximate number of individuals served by establishment represented Deliverable: Develop nutritional standards with CPPW consultants Deliverable: Complete and provide an assessment of food service in the following areas: • Procured by the City for employees and the general public (e.g. in cafeteria settings or food provided at meetings/events). • Food procured by the City and offered in meal and or snack programs that the City oversees or contracts for (e.g. jails, hospitals, child care, after-school, camps) • Sold in vending machines located on City property Deliverable: Submit a draft work plan to Public Health Seattle-King County for approval which addresses each of the areas above. Completion Date: January 31, 2011 Task II: Implement nutritional standards policies and food procurement systems Deliverable: Partner with CPPW consultants to determine whether current food contracts meet new standards Deliverable: If needed, begin negotiation of new contracts with food suppliers or signing of contracts with new suppliers which meet nutritional standards Deliverable: Provide a summary report to Public Health Seattle-King County with nutritional standards, draft compliance plan and sustainability Completion Date: April 1, 2011 Payment: Upon receipt and acceptance of deliverables, City of Kent will be reimbursed for costs incurred based on tasks completed. Planning, land use, and transportation consultant time is estimated at 350 hours. Standard for All RFP Award Contracts 1. Reporting: Grantee will participate in monthly reporting activities on program progress and financial data relevant to the reporting requirements of ARRA. Deliverable: Work with PHSKC project officer to fill-in program progress tracking tool with project milestones by September 15, 2010. Deliverable: Meet monthly with PHSKC project officer to discuss progress on project milestones and activities. Deliverable: Submit 6 quarterly reports and 1 final summary that detail the successes and challenges of implementing the policy/systems/environmental change(s). Reports are due by: 10/31/10, 1/31/11, 4/30/11, 7/31/11, 10/31/11, 1/31/12 and final summary should be submitted with final invoice. Summaries can be in either of two formats: a 300-500 word written report or a telling story (video, digital storytelling, news article with photo, song) that can be easily shared among grantees, partners and potentially the public. Deliverable: Complete online reporting on hours worked, amounts spent and other financial tracking data to meet ARRA requirements within five days after the end of each month in the grant period. Work with project officer on any corrections to these reports. 2. Evaluation: The grantee, PHSKC project officer and the CPPW Evaluation Team will work collaboratively to track the implementation of CPPW funded activities, and evaluate policy, systems and environmental changes and expected short-term outcomes. The evaluation process will be participatory and is intended to provide the grantee with useful information for decision-making, planning and project management. Deliverable: The grantee will name a point of contact who will be the primary liaison to a designated CPPW evaluator by August 30, 2010. Deliverable: The grantee will assist the evaluator in developing a detailed evaluation plan to be finalized and implemented by November 1'`, as follows: • The grantee will describe the project sufficiently for the evaluator to understand the purpose and proposed change mechanisms of the project. For example, the evaluator and grantee may construct a logic model that captures the project's goals, objectives, activities, timeframe and resources. • The grantee and CPPW evaluator (with project officer when available) will meet as soon as feasible and no later than 30 days after a scope of work has been finalized to identify and mutually agree upon the evaluation focus and questions as well as reasonable measures and data collection methods. • The evaluation plan will be finalized within 30 days from this meeting. Deliverable: Grantees will provide project data that is reasonable to collect using methods and frequency agreed upon in the evaluation plan (for example: participate in interviews, assist in collecting survey data, provide site access to record environmental conditions, complete tracking logs, provide evidence of policy implementation through contracts or other documents). Deliverable:Through routine CPPW progress reporting with project officer, grantees will update the status of activities and this information will be used by the evaluator to assist in the project evaluation. As needed, the grantee and evaluator will discuss project strengths and challenges, and share information on how the project and evaluation are proceeding. Deliverable: All grantees should expect to support evaluation activities with a minimum of 5% of their staff time and resources. 3. CCPW Coalition: The CPPW Coalition will focus on policy, systems and environment issues in King County that affect healthy eating, active living and tobacco policy. Grantees must join the coalition and participate in a work group. Other organizations, coalitions, individuals or groups working on obesity, nutrition, physical activity or tobacco prevention will also participate. Deliverable: Grantees must designate at least 1 representative to attend CPPW Coalition meetings and at least 1 representative (may be different person) to participate in a work group. Deliverable: Grantees will spend at least four hours a month participating in coalition meetings and related activities and this time may be included in the proposal budget. The coalition will meet monthly. 4. Collaboration with PHSKC: Policy, system and environment change can be challenging. Grantees must work in partnership with Public Health during the funding period. Grantees will also share expertise and communicate with their Public Health project officer on specific technical assistance needs. Public Health project officers will help coordinate available technical assistance resources within Public Health, and from CPPW contractors with special policy or legal expertise, such as the Prevention Institute and the Tobacco Control Legal Consortium. Deliverable: Grantees will meet at least monthly with PHSKC project officer to discuss progress, challenges and to make adjustments as needed. Grantees will participate in technical assistance opportunities relevant and appropriate to their projects 5. Education Network: The CPPW initiative's ability to produce policy and systems change largely depends on its capacity to effectively mobilize community groups to bring the CPPW perspective to decision makers at appropriate times. PHSKC will develop tools—such as a web-based rapid response system and timely email notification of educational opportunities—to help grantees inform their constituents and partners accordingly. Information methods may include activities such as writing letters or email messages, educating decision-makers and participating in hearings. CPPW funds cannot be used for lobbying, and grantees will receive training to clearly distinguish lobbying from other educational activities. Deliverable: Grantees will participate in the CPPW Education Network and will use Education Network tools to educate their organization's network of contacts about CPPW policy, systems and environmental change initiatives. Deliverable:Grantees will identify at least 1 representative to attend a training hosted by PHSKC on lobbying vs. advocacy. 6. Participate in Other Initiative-Wide Activities: Grantees will be expected to participate in occasional initiative-wide activities, such as an annual Prevention Summit and a grantees' network (including periodic meetings). Deliverable: Grantee will participate in all initiative-wide activities. 7. Communications: All RFP recipient organizations, media contractors, or partners developing communications activities will follow the CPPW Communications Guidelines. The CPPW Communications Team from Public Health will work with contracted media agencies, create a campaign(s) that supports the overall goals of CPPW in King County and that grantees can tailor for specific projects. The CPPW Communications Team will provide general technical assistance and consultation to all requesting grantees. Please refer to guidelines in contract binders for details. Deliverable:Grantees will read the CPPW Communications Guidelines in grantee contract binders by August 30, 2010. Deliverable:All communications materials and products will be linked to the broader CPPW communications strategies and campaigns. Deliverable: All organizations, schools, or government entities that receive funding from CPPW for media activities must coordinate with Public Health Communications Team review and final approval of all communications materials. Depending upon the scope of a media project, Public Health may refer a grantee to the appropriate media agency for this review. Deliverable: All CPPW-funded campaign materials must use attribution language (below) and follow graphics and branding standards, subject to change. Please refer to Communications Guidelines provided by project officers in grantee contract binders for details. Attribution language does not replace organization logo or tagline. Print Language Attribution: Made possible by funding from the Department of Health and Human Services and Public Health - Seattle & King County. Spoken Language Attribution: Brought to you by the Department of Health and Human Services and Public Health -Seattle & King County. There are no font or placement requirements for the attribution language. Deliverable: All grantees will identify at least one representative to participate in a communications training hosted by PHSKC. Contract# Exhibit B 180,000.00 City of Kent July 21, 2010 - March 19, 2012 2010-2012 Grant Year Total $180,000 1/1/2012- Total 7/21/2010-12/31/10 1/1/2011 -12/31/2011 3/19/2012 7121110-3119112 Expense Name or Job title City Staff $ 5,360, $ 66199" 16,060,00 $ 87,619 Fringe (33%) $ 2,640.00 $ 32,605,00 7,911,00 $ 43,156 Consultant Costs $ 12,071 1,929,00 $ 14000 ' Supplies $ 2,570 ! 430,00 $ 3,000 Equipment Travel $ 168 32,00' $ 200 Subcontracts Other Telephone, Internet Postage $ 16,800 $ 16,800 Printing $ 12,000 2,475.00 $ 14,475 Rent, utilities Other- newspaper ads for public mtgs $ 375 375.00 $ 750 Subtotal $ 8,000 $ 142,788 29,212.00 $ 180,000 Overhead/Indirect cost(20% cap) 0% Total amount including overhead $ 8,000 $ 142,788 $ 29,212 $ 180,000 EXHIBIT C-Am 1 INVOICE-2010 D40445D-Am 1 City of Kent-Lydia Moorehead 220 Fourth Avenue South Kent, WA 98032 TO: Seattle-King County Department of Public Health Communities Putting Prevention to Work-HEAL Attn: Gladys Nkeze, Fiscal and Contract Administrator 401 Fifth Avenue, Suite 900 Seattle,WA 98104 In performance of a signed contract, I certify the following services have been provided for the period through and request reimbursement for the amount indicated below. Printed Name Signature Date Current Expenditure Item Program Budget Expenditure Balance Invoice line items should correspond Salaries $5,360 $5,360 to your Budget line items Fringe $2,640 Consultants Costs $0 $0 Supplies $0 $0 Equipment $0 $0 Travel $0 $0 Telephone, Internet $0 $0 Postage $0 $0 Printing $0 $0 Rent, Utilities $0 $0 Other $0 $0 Indirect $0 $0 TOTAL $8,000 $8,000 # of Hours Worked using CPPW funding FOR HEALTH DEPARTMENT USE ONLY urrent xpense o Suffix Org/Project Expense Acct Budget be Paid Year to Date Paid A 8052/H00154 53183 $8,00o.00 Approved: CPPW-HEAL Contracts Manager Date EXHIBIT C-Am 1 INVOICE -2011 D40445D-Am 1 City of Kent-Lydia Moorehead 220 Fourth Avenue South Kent, WA 98032 TO: Seattle-King County Department of Public Health Communities Putting Prevention to Work-HEAL Attn: Gladys Nkeze, Fiscal and Contract Administrator 401 Fifth Avenue,Suite 900 Seattle, WA 98104 In performance of a signed contract, I certify the following services have been provided for the period through and request reimbursement for the amount indicated below. Printed Name Signature Date Current Expenditure Item Program Budget Expenditure Balance Invoice line items should correspond Salaries $66,199 $66,199 to your Budget line items Fringe $32,605 Consultants Costs $12,071 $12,071 Supplies $2,570 $2,570 Equipment $0 Travel $168 $168 Telephone, Internet $0 Postage $16,800 $16,800 Printing $12,000 $12,000 Rent, Utilities $0 Other $375 $375 Indirect $0 TOTAL $142,788 $142,788 # of Hours Worked using CPPW funding FOR HEALTH DEPARTMENT USE ONLY Current xpense to Suffix Org/Project Expense Acct Budget be Paid Year to Date Paid B 8052/H00154 b6l 66 142,788.00i Approved: I i CPPW-HEAL Contracts Manager Date I EXHIBIT C-Am 1 INVOICE-2012 D40445D-Am 1 City of Kent-Lydia Moorehead 220 Fourth Avenue South Kent, WA 98032 TO: Seattle-King County Department of Public Health Communities Putting Prevention to Work-HEAL Attn: Gladys Nkeze, Fiscal and Contract Administrator 401 Fifth Avenue, Suite 900 Seattle, WA 98104 In performance of a signed contract, I certify the following services have been provided for the period through and request reimbursement for the amount indicated below. Printed Name Signature Date Current Expenditure Item Program Budget Expenditure Balance Invoice line items should correspond Salaries $16,060 $16,060 to your Budget line items Fringe $7,911 Consultants Costs $1,929 $1,929 Supplies $430 $430 Equipment $0 Travel $32 $32 Telephone, Internet $0 Postage $0 Printing $2,475 $2,475 Rent, Utilities $0 Other $375 $375 Indirect $0 TOTAL $29,212 $29,212 #of Hours Worked using CPPW funding FOR HEALTH DEPARTMENT USE ONLY Current Expense to Suffix Org/Project Expense Acct Budget be Paid Year to Date Paid C 8052/H00154 53183 $29,212.00 Approved: CPPW-HEAL Contracts Manager Date KENT "^ Agenda Item: Consent Calendar - 7G TO: City Council DATE: March 1, 2011 SUBJECT: 2011 King County ASA Umpires Association Agreement - Authorize MOTION: Authorize the Mayor to sign the King County ASA Umpires Association Agreement for the 2011 season, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year up to 180 teams will play in league games covered by the King County ASA Umpires Association. As a result, the 2011 contract will likely exceed $25,000. Participant fees cover all costs for this program. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services BUDGET IMPACTS: Funded through the Recreation Budget (CENT GOODS & SERVICES AGREEMENT between the City of Kent and King County/ASA Umpires Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and King County/ASA Umpires Association organized under the laws of the State of Washington, King County, located and doing business at 605 Cedar DR SE, Auburn, Washington (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Description: Adult Slowpitch Softball Umpiring Start time/Duration/Stop Time: April 10, 2011 to September 30, 2011 Event Location: City of Kent and Kent School District Athletic Fields The vendor agrees to credit the City of Kent $20.00 and one (1) dozen approved softballs for failure to provide umpire services for a scheduled game, per occurrence. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by completion of the Softball Season, Septemeber 30, 2011. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1 person/multiple games-$33.00 per game; 2 person/multiple games-$56.00 per game, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS &SERVICES AGREEMENT - 1 (over$10,000,00, including WSST) King County/ASA Umpire Association will submit an itemized invoice of games worked, umpires per game and fee incurred. Invoice may be divided into portions of the season, either on a monthly or bi-monthly schedule or one invoice for the entire program/season. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000,00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000.00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 1 IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including INSST) i correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. i IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) I B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. it I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jim Oswald David E. Heldt/Kent Commons King County/ASA Umpires Association City of Kent 605 Cedar DR SE 220 Fourth Avenue South Auburn, WA 98002 Kent, WA 98032 253-931-8185 (telephone) (253) 856-5000 (telephone) 253-395-7935 (facsimile) (253) 856-6000 (facsimile) APPROVED AS TO FORM: i Kent Law Department I [In this field,you may enter the electronic fileGath where the contract has been saved] GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 4. City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Agreement. F. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for the subcontractors shall be subject to all of the same insurance requirements as state herein for the Contractor. i KING COUNTY UMPIRES/ASA 2011 GAME FEE SCHEDULE KENT ADULT SLOW PITCH SINGLE GAME SINGLE UMPIRE $33.00 SINGLE GAME 2 UMPIRE $56.00 FEES SAME FOR MULTIPLE GAMES JIM OSWALD KCU/ASA DIRECTOR 253-931-8185 i I Exhibit A Insurance Requirements for Softball Agreement Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by the Contractor, their agents, representatives, employees or subcontractors. i A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CGT 00 01 and shall cover liability arising from premises, operations, independent contractors, personal injury and advertising injury, and liability assumed under the insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with the limits no less than $2,000,000 per each occurrence, 2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: March 1, 2011 SUBJECT: 2011 Washington State Slo-Pitch Umpires Association Agreement - Authorize MOTION: Authorize the Mayor to sign the Washington State Slo-pitch Softball Umpires Association Agreement for the 2011 season, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams will play in league games covered by the Washington State Slo-pitch Umpires Association Agreement. As a result, the 2011 contract will likely exceed $25,000. Participant fees cover all costs for this program. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Funded through the Recreation Budget 16ENT GOODS & SERVICES AGREEMENT between the City of (Cent and Washington State Slo-pitch Umpires Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington State Slo-pitch Umpires Association organized under the laws of the State of Washington, King County, located and doing business at 19516 63rd PL NE, Kenmore, WA 98028 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Description: Adult Slowpitch Softball Umpiring Start time/Duration/Stop Time: April 10, 2011 to September 30, 2011 i Event Location: City of Kent and Kent School District Athletic Fields The vendor agrees to credit the City of Kent $20.00 and One (1) dozen approved softballs for failure to provide umpire services for a scheduled game, per occurrence. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by completion of the Softball Season, September 30, 2011. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1 person/multiple games-$33.00 per game; 2 person/multiple games-$56.00 per game, including applicable Washington State Sales Tax, for the goads, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Washington State Slo-pitch Umpire Association will submit an itemized invoice of games worked, umpires per game and fee incurred. Invoice may be divided into portions of the season, either on a monthly or bi-monthly schedule or one invoice for the entire program/season. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 (Over$10,000.00, including WSST) E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 (Over$10,000,00, including WSST) CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to GOODS & SERVICES AGREEMENT - 4 (Over$10,000.00, including WSST) correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. I Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. i XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. i GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Dale McGregor David E. Heldt/Kent Commons Washington State Slo-pitch Umpires City of Kent 19516 63r, PL NE 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 425-481-2005 (telephone) (253) 856-5000 (telephone) 425-481-2005 (facsimile) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field,you may enter the electronic filepath where the contrea has been saved] '.. i f GOODS &SERVICES AGREEMENT 7 (Over$10,000.00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. I 2. During the time of this Agreement I will not discriminate in employment on the basis Of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 200. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 200_. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 Exhibit A Insurance Requirements for Softball Agreement I Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which l may arise from or in connection with the performance of this Agreement by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CGT 00 01 and shall cover liability arising from premises, operations, independent contractors, personal injury and advertising injury, and liability assumed under the insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with the limits no less than $2,000,000 per each occurrence, 2,000,000 general aggregate. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. i 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. 4. City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the Agreement. F. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for the subcontractors shall be subject to all of the same insurance requirements as state herein for the Contractor. ONE UMPIRE RATE m� SINGLE GAME $43.00 TWO OR MORE GAMES $33.00 TWO UMPIRES SINGLE GAME $66.00 TWO OR MORE GAMES $56.00 THREE UMPIRES $71.00 FOUR UMPIRES $75.00 SEAT `LE 2011 YOIJT'f I FED RZA ES ONE UMPIRE SINGLE GAME $45.00 TWO OR MORE GAMES $35.00 TWO UMPIRES SINGLE GAME $70.00 TWO OR MORE GAMES $60.00 KENT Agenda Item: Other Business — 8A TO: City Council DATE: March 1, 2011 SUBJECT: Transportation Impact Fees Ordinance MOTION: Adopt Ordinance No. revising Chapter 12.14 of the Kent City Code to clarify change of use language and attendant fee allocations regarding Transportation Impact Fees, subject to the approval of final language by the City Attorney. SUMMARY: The City's new Transportation Impact Fee (TIF) Ordinance became effective in August of 2010. In the process of interpreting and implementing the Ordinance, the public and staff raised questions for which clarification is desirable. At the January 24th ECDC meeting, staff addressed these questions and presented recommended solutions, which the ECDC unanimously endorsed, with one change. The draft ordinance is included in the Public Works Committee packet for consideration on February 28th. Staff will update the council at the March lst meeting of action taken by the Public Works Committee. EXHIBITS: ECD Memo dated 1/20/11, PW Memo dated 2/18/11 and Ordinance with attached exhibits RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The recommended changes primarily clarify the intent of the original ordinance. Traffic Impact Fee revenues will depend on the level of development activity in the City. ECONOMIC and COMMUNITY DEVELOPMENT Ben Wolters, Director PLANNING DIVISION Fred N Satterstrom, AICP, Planning Director KEN T Charlene Anderson, AICP, Planning Manager WASH IN GTO N Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 January 20, 2011 To: Chair Jamie Perry and Economic & Community Development Committee Members From: Matt Gilbert, AICP, Principal Planner Ref: Traffic Impact Fee Issues and Update MOTION: For Information Only SUMMARY: The City's new Transportation Impact Fee (TIF) Ordinance became effective in August of 2010. The process of interpreting and implementing the Ordinance has raised questions from the public and staff for which clarification is desirable. At the January 241h ECDC meeting, staff will address these questions and present recommended solutions. Staff also will present a comparison of development and business related fees from other jurisdictions. BACKGROUND: Since the TIF Ordinance became effective in August 2010 the City has: Accepted thirty (30) single family home permits, all of which have paid a TIF; Reviewed twenty-one (21) commercial additions and changes of use, four of which have paid or will pay a TIF; Responded to numerous TIF related inquiries. The Biaaer Picture of City Costs It is important to understand that TIF is one of several fees that most cities assess to pay for public services and infrastructure. At the January 241h ECDC meeting, staff will present a comparison of Kent's permit fees, impact fees, utility rates, utility taxes, and business license fees with those of other local cities. Chanaes of Use During the first few weeks after the TIF became effective, a handful of applicants were informed that they would be required to pay substantial TIFs, based on an initial reading of the TIF Ordinance by staff. Upon further questioning by staff and applicants, management staff re-examined the language of the ordinance and reversed the TIF determinations. Unfortunately, the initial message was already in the community and gathering negative publicity. Each of these early cases involved a new tenant improving a space in a multi-tenant building. The ordinance is unclear that most multi-tenant commercial, office and industrial spaces fall into one of a few general use categories identified in the TIF Rate Study (i.e. Specialty Retail Center, Shopping Center, General Office and Industrial Park). These categories allow a wide range of uses to come and go without being considered 'changes-of-use' subject to the TIF. The initial misinterpretation of the TIF ordinance was corrected administratively and communicated to the permit review staff. Staff concluded that clarification related to this issue would be helpful. Options: A. Amend the ordinance- Add a clear statement for what constitutes a change-of-use. The Rate Study is helpful here as it lists several land uses, and contains descriptions of each, including the broad general use categories. The definition of change of use should rely on these described uses, and indicate that if a new use in a building falls into the same land use category as the rest of the building or the previous use, it is not to be considered a change of use. This would clarify that minor changes in tenancy that are consistent with the general character of the building are not intended to be subject to the TIF ordinance. B. Community Education- City review staff could host educational sessions with the local business and development community to clarify how the TIF is applied. Informational pamphlets/web pages may also help explain how the fees are applied. C. No change to the Ordinance- Leaving the ordinance as-is could lead to further misinterpretation by both staff and applicants as to how the TIF is to be applied to an individual project. Staff recommendation: Options A and B TIF vs. EMA Prior to the TIF Ordinance, Kent collected traffic mitigation money through Environmental Mitigation Agreements (EMAs), which were often part of the City's approval for new development projects. These EMAs generally cost developers around $2,100 per new trip and are designated by the City to help off-set the cost of major cross-city corridors. A number of yet un-built developments are currently vested to pay for transportation impacts through existing EMAs. Shortly after the TIF became effective, homebuilders picking up permits began to ask if they would be required to pay both the vested EMA and the new TIF. For a single family home, this amounted to about $5,800 ($2,100 EMA + $3,700 TIF). Staff realized that the ordinance does not address the issue of overlapping fees and has accordingly charged both fees to twenty (20) new home permits. The rationale for this decision is that EMA fees pay for corridor projects, while TIF fees pay for a different list of projects, identified in the Rate Study. Requiring payment of both fees seems to be an unintended outcome of the ordinance, as it appears unfair to vested projects. Clarification of the ordinance regarding this matter is appropriate. Staff recommendation: Amend the ordinance to exempt vested projects from paying the TIF that have previously signed, but not yet paid EMA agreements. As projects are either built, or expire due to inactivity, this matter will present itself less frequently. However, as existing projects progress, honoring the existing EMAs as adequate mitigation for traffic impacts is appropriate. Empty Buildings As required by the TIF Ordinance, after three (3) years of vacancy, new tenants of empty buildings are no longer credited for the trips of past tenants. This increases the burden for new tenants and may discourage re-occupancy of empty buildings. Page 2 of 5 Raising the credit validity period to five (5) years would ease the TIF burden associated with reoccupancy, while allowing the City to continue to account for new trips. A five year threshold is appropriate, as every five years the TMP is scheduled to be updated. As part of the update, renewed studies of existing land use, traffic volumes and levels of service are conducted. If a building is vacant for more than five years, it will be assumed as such in the study, and new uses should pay for new impact. If it is vacant for less than five years, the traffic it generates will have been assumed as part of the baseline, and will be credited to future uses. Staff recommendation: Amend the Ordinance to raise the validity period for past trip credit from three (3) to five (5) years. Schedule for imolementina increases in fee rates Per the TIF Ordinance, Kent's per trip rate is scheduled to increase each July, with no required City Council action. On July 1, 2011, the per-trip fee is scheduled to increase from $4,084 to $5,674 and then to $7,255 in July 2012. The Ordinance calls for annual increases until 2016 that would move Kent's TIF rates to amongst the highest in the region. Given the current state of our economy, some view any increase in fees as burdensome to recovery and not appropriate. Amending the Ordinance to link rate increases to Council action would allow for deliberation and public input to assess the appropriateness of each increase. For reference, the chart below shows Kent's current TIF, relative to other cities in the region. The years in parenthesis indicate when the TIF was adopted in each city. Cost.Per PM (Peak Hour Trip Comparison _ $L4;707 $L4 300 G 4 iE 462 300 >6,272 $6E000 K W C.An $450 32 500 2 300 i942 102C $12W J'L L.. Bur eaTac TUNviW Auburn D-Fd©inec lWay IN.,I.e R-dtl nd 3a x 5h I(ent (2009( I2002) (2XS) (2009k iwsnl (2008) (23C7) i20a3j uaney 12307( p2006) (2010) (2W91 Jwriseid.i * Average cost of impact fee zones Options A. Amend the Ordinance to suspend the annual increase and allow the City Council to review the TIF rate during the Council's annual review of the Capital Facilities Plan as part of the City's budget process. B. No action- allow the scheduled increase to take effect as stated in the Ordinance Recommendation-Option A. Davcares During the early days of TIF implementation, staff received inquiries about locating a daycare in an existing building. The owner was informed that a prohibitively high TIF Page 3 of 5 would be required prior to relocation. Upon further examination of the TIF Ordinance, staff revised the interpretation which had led to the 'large fee'. The amendment recommended in the Changes of Use section above would support staff's revised interpretation and help to more clearly identify when a TIF is required. This situation led some to suggest that daycares, and perhaps other uses, might be exempted from paying the TIF. The State law which enables impact fees allows for this possibility, with an important caveat. RCW 82.02.060, states that local impact fee ordinances: May provide an exemption for low-income housing, and other development activities with broad public purposes, from these impact fees, provided that the impact fees for such development activity shall be paid from public funds other than impact fee accounts, Under this provision, development activities with broad public purposes could be defined by Council and could include daycare uses. If the city waives fees for an activity that serves a broad public purpose (like a daycare business), then those waived fees must be carried as an obligation to the TIF account and eventually paid into the TIF account from other public funds when the city begins a TIF construction project. However, 'other public funds" typically are used to construct most designated projects, either through grants, designated tax revenues, or other capital improvement accounts. When these funds are used on a project, the city can apply a portion of those 'other' funds to eliminate the obligation in the TIF account caused by the waived fees. Options: A. The issue could be largely resolved through the clarification recommended under the Changes of Use section above. The flexibility allowed for multi- tenant buildings by the general land use categories will allow daycare uses to locate in many existing buildings without paying a TIF. Under this recommendation, if a new, stand-alone daycare was proposed, it would pay a TIF. B. Exempt daycare uses from paying a TIF based on the RCW above. The City would also need to provide a budget for making up the lost dollars as required by state law. Recommendation: Option A Reduced Downtown Rates RCW 82.02.050 requires that impact fees be assessed in a manner that is proportionate to the need for new facilities created by the new development. In establishing the TIF, the City identified the cost of projects listed in the City's Transportation Master Plan necessary to accommodate new growth, determined the proportionate impact created by new uses, and set rates for these uses accordingly. This analysis is found in the Rate Study attached to the TIF Ordinance. Through development of the Rate Study, the City found that many types of new development located with Downtown Kent are likely to generate less traffic impact than development in other parts of the City, largely due to the availability of mass- transit. Accordingly, the ordinance requires a reduced TIF for many types of downtown development. Road Maintenance and Transit Page 4 of 5 Some have wondered if TIF funds can be used for road maintenance or transit facilities. Based on the limitations of RCW 82.02.050 and RCW 82.02.060, the funds cannot be used for these purposes, and can only be used for capital facilities identified in the Capital Facilities element of the City's Comprehensive Plan. These projects are distinct from road maintenance work. The TIF payments must be directly related to the need for new roadway capacity created by new development. No fee is charged for transit trips, based on trips generated during the P.M. peak. As demonstrated by the lower downtown fees, new trips that are absorbed by transit are not counted in the calculation of fees. MG/pm P:\Planning\COMP PLAN AMENDMENTS\2011\TIF-Update\TIF_RptHnal_01-24-11_ECDC.docx cc: Ben Wolters,Emnomic and Community Development Director Fred N.Satterstrom,AICP,Planning Director Tim Laporte,Public Works Director Charlene Anderson,AICP,Planning Manager Cathy Mooney,Transportation Planner Page 5 of 5 PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 "I" ' `" Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 18, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 28, 2011 From: Matt Gilbert, AICP, Principal Planner Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Amendments to the Transportation Impact Fee Ordinance Item - 4 Motion: Move to recommend Council adopt an ordinance revising Section 12.14 of the Kent City Code regarding Transportation Impact Fees, as herein attached and subject to the approval of the City Attorney. Summary: The City's new Transportation Impact Fee (TIF) Ordinance became effective in August of 2010. In the process of interpreting and implementing the Ordinance, the public and staff raised questions for which clarification is desirable. At the January 24th ECDC meeting, staff addressed these questions and presented recommended solutions, which the ECDC unanimously endorsed, with one change. The draft ordinance is included in the Public Works Committee packet. Background: • TIF is one of several fees that most cities assess to pay for public services and infrastructure. At the January 24th ECDC meeting, staff presented a comparison of Kent's permit fees, impact fees, utility rates, utility taxes, and business license fees with those of other local cities. • The revised ordinance clarifies what constitutes a change-of-use. If a new use in a building falls into the same land use category in the Rate Study as the rest of the building or the previous use, it is not considered a change-of-use subject to the TIF. • Staff will host educational sessions with the local business and development community to clarify how the TIF is applied. Informational pamphlets and web pages would also be developed. • The revised ordinance exempts vested projects from paying the TIF if previously signed Environmental Mitigation Agreements (EMAs) are in place. • The revised ordinance eliminates the time limitation for crediting trips generated by past uses. • Automatic TIF increases from the original ordinance are suspended in favor of an annual review of the rate by the Council during its evaluation of the City budget. • The existing ordinance does not specifically exempt daycares or other similar uses. The amendments recommended to clarify the change-of- use provisions will effectively create more opportunities for daycares to locate in existing buildings throughout the City without paying a TIF. Accordingly, exempting specific uses is unnecessary. Budget Impact: The recommended changes primarily clarify the intent of the original ordinance. Traffic Impact Fee revenues will depend on the level of development activity in the City. M IP./Pm .91E�C/TIF 2011 c: Ben Wolters, Economic and Community Development Director Fred N. Satterstrom,AICP, Planning Director Tim Laporte,Public Works Director Charlene Anderson,AICP, Planning Manager Cathy Mooney,Transportation Planner ORDINANCE NO.______ AN ORDINANCE of the City Council of the City of Kent, Washington, amending Kent City Code Chapter 12.14 to clarify change of use language and attendant fee allocations, to exempt certain properties whose transportation impacts have already been determined, to eliminate the cap on the time for credit for a prior use for vacant buildings, and to eliminate the automatic fee escalation provisions. RECITALS Since originally enacting the city's Transportation Impact Fee ordinance, City Council, staff, and the development community have had an opportunity to review the ordinance's application to various development proposals and determined that there is a need to amend the ordinance to clarify change of use language and attendant fee allocations, to exempt certain properties whose transportation impacts have already been determined, to eliminate the cap on the time for credit for a prior use for vacant buildings, and to eliminate the automatic fee escalation provisions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Transportation Impact Fees Amend KCC 12.14 ORDINANCE SECTION 1. -Amendment. Kent City Code Chapter 12.14 is hereby amended as follows: Sec. 12.14.010. Title. This code chapter shall be hereinafter known as the city of Kent Transportation Impact Fees. Sec. 12.14.020. Purpose and Intent. The purpose and intent of this chapter is for the collection of transportation impact fees for streets and roads, and providing for certain other matters in connection therewith. Sec. 12.14.030. Findings and Authority. The city council of the city of Kent hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development in the city of Kent will create additional demand and need for system improvements in the city, and the council finds that such new growth and development should pay a proportionate share of the cost of system improvements needed to serve the new growth and development. The city of Kent has conducted extensive research documenting the procedures for measuring the impact of new developments on public facilities, has prepared the "Rate Study for Transportation Impact Fees," city of Kent, dated May 2010 ("Rate Study"), attached as Exhibit 1, and incorporates that Rate Study into this chapter by this reference. In recognition that fewer trips are generated and average trip lengths are reduced to and from Downtown Kent, as hereinafter defined, the city has also prepared a memorandum entitled "Impact Fee Rate Adjustment for Downtown Kent," dated June 28, 2010 ("Downtown Kent Rate Memorandum"), attached as Exhibit 2, and incorporates that memorandum into this chapter by this reference. The Rate Study and the Downtown Kent Rate Memorandum utilize a 2 Transportation Impact Fees Amend KCC 12.14 methodology for calculating transportation impact fees that incorporate, among other things, all of the requirements of RCW 82.02.060(1). A copy of the most current versions of the Rate Study and the Downtown Kent Rate Memorandum shall be kept on file with the city clerk and are available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess transportation impact fees for streets and roads. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in providing for the assessment of transportation impact fees. Sec 12.14.040. Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. A. Building Permit means an official document or certification which is issued by the city and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or structure or any portions thereof. B. Capital Facilities Plan means the capital facilities element of the city's Comprehensive Plan adopted pursuant to RCW 36.70A and such plan as amended. C. City means the city of Kent. D. Council means the city council of the city of Kent. E. Department means the city's Department of Public Works. F. Development Activity means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land, that generates at least one P.M. peak hour trip. 3 Transportation Impact Fees Amend KCC 12.14 G. Development Approval means any written authorization from the city of Kent which authorizes the commencement of a development activity. H. Director means the Public Works Director or the Director's designee. I. Downtown Kent means that area shown on the map incorporated into the Downtown Kent Rate Memorandum. A legal description of Downtown Kent will be prepared and kept on file with the Downtown Kent Rate Memorandum for further reference. J. Downtown Kent Rate Memorandum means that the Exhibit 2 memorandum entitled "Impact Fee Rate Adjustments for Downtown Kent," dated June 28, 2010, or as hereinafter amended. K. Encumbered means to reserve, set aside, or otherwise earmark the transportation impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for system improvements. L. Feepayer is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a development activity which creates the demand for additional system improvements and which requires the issuance of a building permit or a permit for a change of use. Feepayer includes an applicant for a transportation impact fee credit. M. Hearing Examiner shall mean that person or persons appointed by the mayor pursuant to KCC 2.32. N. Independent Fee Calculation means the transportation impact fee calculation, and/or economic documentation prepared by a feepayer, to support the assessment of a transportation impact fee other than by the use of the rates published pursuant to KCC 12.14.190, or the calculations prepared by the Director where none of the fee categories or fee amounts published pursuant to KCC 12.14.190 accurately describe or 4 Transportation Impact Fees Amend KCC 12.14 capture the impacts of the development activity on public facilities. O. KCC means the Kent City Code or, when followed by a numerical designation, a provision of the Kent City Code. P. Owner means the owner of record of real property, although when real property is being purchased under a real estate contract, the purchaser shall be considered the owner of the real property if the contract is recorded. Q. Permit for change of use or change of use permit means an official document which is issued by the city which authorizes a change of use of an existing building or structure or land. R. P.M. Peak Hour means the sixty-minute period between 4:00 and 6:00 p.m. which experiences the highest volume of traffic on a road or street or passing through a road or street intersection. S. P.M. Peak Hour Trips means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the P.M. peak hour. T. Project Improvements means site improvements and facilities that are planned and designed to provide service for a particular development project, are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. U. Public Facilities, for purposes of this chapter, means the following capital facilities owned or operated by the city of Kent or other governmental entities: public streets and roads. V. Rate Study means the Exhibit 1 "Rate Study for Transportation Impact Fees," city of Kent, dated May 2010, or as hereinafter amended. W. Single Family Residential Permit means a permit for a "single- family dwelling" as that term is defined in KCC 15.02.115. X. Street or Road means a public right-of-way and all related 5 Transportation Impact Fees Amend KCC 12.14 appurtenances, including lawfully required off-site mitigation, which enables motor vehicles, transit vehicles, bicycles, and pedestrians to travel between destinations, and affords the principal means of access to abutting property. For purposes of this chapter, public streets and roads are collectively referred to as "transportation." Y. System Improvements, for purposes of this chapter, means public transportation facilities that are included in the city of Kent's capital facilities plan, and such plan as amended, and are designed to provide service to the community at large, in contrast to project improvements. Z. Transportation means public streets and roads and related appurtenances. AA. Transportation Impact Fee means a payment of money imposed by the city of Kent on development activity pursuant to this chapter as a condition of granting development approval. "Transportation impact fee" does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling impact fees, or the cost of reviewing independent fee calculations. BB. Transportation Impact Fee Account(s) means the separate accounting structure(s) within the city's established accounts which structure(s) shall identify separately earmarked funds and which shall be established for the transportation impact fees that are collected. The account(s) shall be established pursuant to KCC 12.14.100, and shall comply with the requirements of RCW 82.02.070. Sec. 12.14.045. Establishment of Service Area. A. The city hereby establishes, as the service area for transportation impact fees, the city of Kent, including all property located within the corporate city limits. B. The scope of the service area is hereby found to be reasonable and established on the basis of sound planning and engineering principles, and consistent with RCW 82.02.060. 6 Transportation Impact Fees Amend KCC 12.14 Sec. 12.14.050. Transportation Impact Fees Methodology and Applicability. The transportation impact fees published pursuant to KCC 12.14.190 are generated from the formulae for calculating transportation impact fees set forth in the Rate Study and the Downtown Kent Rate Memorandum. Except as otherwise provided for independent fee calculations in KCC 12.14.070, exemptions in KCC 12.14.080, and credits in KCC 12.14.090, all new development activity in the city will be charged the transportation impact fee applicable to the type of development listed in the fee schedule adopted pursuant to KCC 12.14.190. Sec. 12.14.060. Collection of Impact Fees. A. The city shall collect transportation impact fees, based on the rates published pursuant to KCC 12.14.190, from any applicant seeking development approval from the city for any development activity within the city, when such development activity requires the issuance of a building permit or a permit for a change in use, and creates a demand for additional public facilities. B. Maximum allowable transportation impact fees are established by the Rate Study and the Downtown Kent Rate Memorandum. The rate f9F the yeaF the maximum allowable amount. The Fate f9F the—yeaF 3UlY 1 2011 gufie-38z2013rshalmtTll be-53.33%j fOF the year 3UlY 1, 2013 thFO gh gune 30 2014 sh-.II be 65 . a.. they . 3Ul.• + 2014 th FOugh gone 30 2015 shall be i C. Annually, on Januaryu4y 1!t of each calendar year, the director shall adjust the fees by -the same percentage change as in the most recent annual amendment to the Washington State Department of Transportation Construction Cost Index. The •"•---`eF -L_ II 7 Transportation Impact Fees Amend KCC 12.14 mare the percentage ealeulatiens regwired by KGG 12.14.060(B), when Ehanges. D. When a transportation impact fee, pursuant to KCC 12.14.060(A), applies to a change of use permit, the transportation impact fee shall be the applicable transportation impact fee for the land use category of the new use, less any transportation impact fee previously paid for the land use category of the prior use. For purposes of this provision, a change of use should be reviewed based on the land use category provided in the Rate Study that best captures the broader use of the property under development. Changes in use or tenancy, if consistent with the general character of the building or building aggregations (i.e., "industrial park," or "specialty retail") should not be considered a change in use that is subject to a transportation impact fee. Further, minor changes in tenancies that are consistent with the general character of the included structure, building, or previous use should not be considered changes in use subject to a transportation impact fee. If no transportation impact fee was paid for the prior use, the transportation impact fee for the new use shall be reduced by an amount equal to the current transportation impact fee rate for the prior use. Vacant buildings shall be assessed as if in the most recent legally established use as shown on a Kent business license, development permit, or other reliable and verifiable evidence acceptable to the director. NO FeduEtien based on PFOOF use shall GE. For mixed use developments, transportation impact fees shall be imposed for the proportionate share of each land use, based on the applicable measurement in the transportation impact fee rates published pursuant to KCC 12.14.190. F. Transportation impact fees shall be determined at the time the complete application for a building permit or a permit for a change in 8 Transportation Impact Fees Amend KCC 12.14 use is submitted using the transportation impact fees then in effect. Transportation impact fees shall be due and payable before the building permit or permit for a change of use is issued by the city. G. Until December 31, 2013, at the time of issuance of any single family residential building permit for a dwelling unit that is being constructed for initial sale, the payment of the transportation impact fee may be deferred if the owner of the underlying real property, executes a first position lien in favor of the city in the amount of the transportation impact fee in effect at the time of the deferral. The city shall record the lien against the real property and the lien amount shall be paid by the seller to the city at the time of closing of the sale of the real property and single family residence. 1. A feepayer who chooses to defer the transportation impact fee must combine the lien with a lien for deferring the water development system charge in KCC 7.02.160, for the transportation improvement fee in KCC 12.11.090 or Chapter 43.21C RCW, and for the drainage development charge in KCC 7.05.165. 2. A deferral fee, in the amount set by city council resolution for city of Kent Planning and Land Use Fees: "Fee Deferral Lien" will be due at the time of the application for deferral. The administrative fee set out in KCC 12.14.170 will not be deferred. H. Feepayers allowed credits prior to the submittal of the complete building permit application or an application for a permit for a change of use shall submit, along with the complete application, a copy of the letter prepared by the director setting forth the dollar amount of the credit allowed. Transportation impact fees, as determined after the application of any credits, shall be collected from the feepayer no later than the time a building permit or permit for a change of use is issued. I. The department shall not issue the required building or the permit for the change of use until the transportation impact fees have been paid. 9 Transportation Impact Fees Amend KCC 12.14 Sec. 12.14.070. Independent Fee Calculations. A. If, in the judgment of the director, none of the fee categories or fee amounts set forth in foregoing section of this title accurately describes or captures the impacts of a new development on streets, the department may conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer. B. A feepayer may opt not to have the transportation impact fees determined according to the fee structure published pursuant to KCC 12.14.190, in which case the feepayer shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is being sought. The documentation submitted shall show the basis upon which the independent fee calculation was made. An independent fee calculation shall use the same methodology used to establish transportation impact fees adopted pursuant to KCC 12.14.190, shall be limited to adjustments in trip generation rates and lengths used in the Rate Study or Downtown Kent Rate Memorandum, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures. C. Any feepayer submitting an independent fee calculation will be required to pay the city of Kent a fee to cover the cost of reviewing the independent fee calculation. The fee required by the city for conducting the review of the independent fee calculation shall be five hundred dollars ($500), unless otherwise established by the director, and shall be paid by the feepayer prior to issuance of the director's determination. D. There is a rebuttable presumption that the calculations set forth in the Rate Study and Kent Downtown Rate Memorandum are valid. The director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the 10 Transportation Impact Fees Amend KCC 12.14 director reasonably deems to be inapplicable, inaccurate, incomplete, or unreliable. The director may require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the transportation impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations therefore shall be set forth in writing and shall be mailed to the feepayer. E. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner under the procedures set forth in KCC 12.14.110. Sec. 12.14.080. Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all transportation impact fees: 1. Alteration or replacement of an existing nonresidential structure that does not expand the usable space or change the existing land use. 2. Miscellaneous improvements which do not generate increased P.M. peak trips, including, but not limited to, fences, walls, residential swimming pools, and signs; 3. Demolition or moving of a structure when additional P.M. peak hour trips are not generated. 4. A change of use that does not generate one or more P. M. peak hour trips. 5. Properties that have undergone prior State Environmental Policy Act (SEPA) review and have received a final decision that includes transportation mitigation payment requirements through an Environmental Mitigation Agreement or similar document, on the condition that the SEPA mitigation payment obligation has or will be paid by the time the transportation impact fee, if applicable, would be due. 11 Transportation Impact Fees Amend KCC 12.14 B. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this chapter, in any other KCC, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.110. Sec. 12.14.090. Credits for Dedications, Construction of Improvements, and Past Tax Payments. A. A feepayer may request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land and improvements, and/or construction provided by the feepayer. The application for credits shall be presented by the feepayer on forms to be provided by the department and shall include the content designated in such forms. Credits will be given only if the land, improvements, and/or the facility constructed are: 1. Included within the capital facilities plan or would serve the goals and objectives of the capital facilities plan; 2. Are at suitable sites and constructed at acceptable quality as determined by the city; 3. Serve to offset impacts of the feepayer's development activity; and 4. Are for one or more of the transportation projects listed in the Rate Study as the basis for calculating the transportation impact fee. B. For credits for dedications: 1. The director shall determine if requests for credits meet the criteria in subsection A, above, or other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedure set forth in KCC 12.14.110. 2. For each request for a credit or credits, the director shall select an appraiser or, in the alternative, the feepayer may select an 12 Transportation Impact Fees Amend KCC 12.14 independent appraiser acceptable to the director. 3. Unless approved otherwise by the director, the appraiser must be an MAI (Member of the American Institute of Appraisers), and be licensed in good standing pursuant under RCW 18.40 et.seq. in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. 4. The appraisal will be accepted or rejected by the director and may be subject to independent review. 5. The feepayer shall pay the actual costs for the appraisal and an independent review, if required, unless the director determines that payment for independent review should not be at the feepayer's expense. 6. After considering the appraisal and the review, the director shall provide the applicant with a determination setting forth the dollar amount of any credit, the reason for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The feepayer must sign and date a duplicate copy of such determination indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the transportation impact fee credit will be awarded. The failure of the feepayer to sign, date, and return such document within sixty (60) calendar days of the date of the determination shall nullify the credit. If credit is denied, the feepayer shall be notified in a letter that includes the reasons for denial. 7. No credit shall be given for project improvements. C. A feepayer may request that a credit or credits for transportation impact fees be awarded to him/her for past tax payments. For each request for a credit or credits for past tax payments for transportation impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the 13 Transportation Impact Fees Amend KCC 12.14 particular system improvement. The director shall determine the amount of credits, if any, for past tax payments for system improvements. D. Any claim for credit must be received by the city no later than thirty (30) calendar days after the submission of an application for a building permit or an application for a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit. E. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in KCC 12.14.110. Sec. 12.14.100. Adjustments for Future Tax Payments and Other Revenue Sources. Pursuant to and consistent with the requirements of RCW 82.02.060, the Rate Study and Downtown Kent Rate Memorandum have provided adjustments for future taxes to be paid by the development activity which are earmarked or proratable to the same new public facilities which will serve the new development. The transportation impact fees published pursuant to KCC 12.14.190 have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. Sec. 12.14.110. Appeals. A. Determinations of the director with respect to the applicability of the transportation impact fees to a given development activity, the availability or value of a credit, the director's decision concerning the independent fee calculation which is authorized in KCC 12.14.070, or any other determination which the director is authorized to make pursuant to this chapter may be appealed by the feepayer to the hearing examiner. No building or change of use permits will be issued until the transportation impact fee is paid; provided, however, that the feepayer may pay the fee under protest pending appeal to avoid delays in the issuance of building permits or change of use permits. 14 Transportation Impact Fees Amend KCC 12.14 B. Appeals to the hearing examiner shall be taken in accord with the processes set forth in Chapter 12.01 for open record appeals; provided, however, that appeals are to be delivered to the city's permit center. C. At the time of filing of the appeal, the feepayer shall pay the fee set by council resolution for city of Kent Planning and Land Use Fees "Appeal of Administrative Interpretation/Decision." D. The hearing examiner is authorized to make findings of fact regarding the applicability of the transportation impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. There is a presumption of validity of the director's determination; feepayer has the burden of proof. The decision of the hearing examiner shall be the final determination of the city unless remanded to the department as provided in KCC 12.14.110(E) below. E. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse, affirm, modify or remand, in whole or in part, the determinations of the director with respect to the amount of the transportation impact fees imposed or the credit awarded. Sec. 12.14.120. Establishment of Transportation Impact Fee Accounts. A. Transportation impact fee receipts shall be earmarked specifically and deposited in one or more special, interest-bearing accounts. B. The city shall establish one or more separate transportation impact fee accounts for the fees collected pursuant to this chapter. Funds withdrawn from the account or accounts must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the account(s) and expended for the purposes 15 Transportation Impact Fees Amend KCC 12.14 for which the transportation impact fees were collected. C. On an annual basis, the finance director shall provide a report to the council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by transportation impact fees. D. Transportation impact fees shall be expended or encumbered within six (6) years of receipt, unless the council identifies in written findings extraordinary and compelling reasons for the city to hold the fees beyond the six (6) year period, pursuant to RCW 82.02.070(3). Sec. 12.14.130. Administrative Guidelines. The Public Works Director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of procedural rules. Sec. 12.14.140. Refunds and Offsets. A. If the city fails to expend or encumber the transportation impact fees within six (6) years of the date the fees were paid, unless extraordinary or compelling reasons are established pursuant to KCC 12.14.120, the current owner of the property on which transportation impact fees have been paid may receive a refund of such fees. In determining whether transportation impact fees have been expended or encumbered, transportation impact fees shall be considered expended or encumbered on a first in, first out basis. B. The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the current owner of record of the real property against which the transportation impact fee was assessed. C. Owners seeking a refund of transportation impact fees must submit a written request for a refund of the fees to the director within one 16 Transportation Impact Fees Amend KCC 12.14 (1) year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any transportation impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the system improvements for which they were collected. E. Refunds of transportation impact fees or offsets against subsequent transportation impact fees under this section shall include any interest earned on the transportation impact fees by the city. F. When the city seeks to terminate any or all components of the transportation impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the city, but must be expended for the public facilities for which the transportation impact fees were collected. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. G. The city shall also refund to the current owner of property for which transportation impact fees have been paid all transportation impact fees paid, including interest earned on the transportation impact fees, if the development activity for which the transportation impact fees were imposed did not occur; provided, however, that, if the city has expended or encumbered the transportation impact fees in good faith prior to the application for a refund, the director may decline to provide the refund. If within a period of three (3) years, the same or subsequent owner of the 17 Transportation Impact Fees Amend KCC 12.14 property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of transportation impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in KCC 12.14.110. Sec. 12.14.150. Use of Funds. A. Pursuant to this title, transportation impact fees: 1. Shall be used for system improvements that will reasonably benefit the new development activity; 2. Shall not be imposed to make up for deficiencies in public facilities; and 3. Shall not be used for maintenance or operation. B. Transportation impact fees may be spent for system improvements to streets and roads as herein defined and, including, but not limited to, planning, land acquisition, right-of-way acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Transportation impact fees may also be used to recoup system improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of system improvements for which transportation impact fees may be expended, such transportation impact fees may be used to pay debt service on such bonds or similar debt 18 Transportation Impact Fees Amend KCC 12.14 instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section. Sec. 12.14.160. Review and Adiustment of Rates. The fees and rates set forth in the Rate Study and the Kent Downtown Rate Memorandum may be reviewed and adjusted by the council as it deems necessary and appropriate in conjunction with the annual update of the eapital fadlities plan element of the c+ty's Eengprehensive pla*—. ith the annual budget process so that adjustments, if any, will be effective at the first of the calendar year. Sec. 12.14.170. Administrative Fees. A. For each transportation impact fee imposed, there shall be charged an administrative fee in an amount of the greater of three hundred dollars ($300) or one percent (1%) of the amount of the total transportation impact fee. The administrative fee shall be deposited into an administrative fee account within the transportation impact fee account(s). Administrative fees shall be used to defray the city's actual costs associated with the assessment and collection and update of the transportation impact fees. An administrative fee is not refundable or creditable. B. The administrative fee shall be paid by the feepayer at the same time as the transportation impact fee is collected; provided, however that the administrative fee shall be due at the time of building permit issuance when the director has deferred payment of fees. Sec. 12.14.180. Existing Authority Unimpaired. Nothing in this title shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or 19 Transportation Impact Fees Amend KCC 12.14 Chapter 58.17 RCW, governing plats and subdivisions. Compliance with this chapter and/or payment of fees under this chapter shall not constitute evidence of a determination of transportation concurrency. Sec. 12.14.190. City of Kent Transportation Impact Fee Schedule. Annually, pfim& eon or about January" 1 of each year, the director shall publish transportation impact fee schedules for downtown Kent and the area outside downtown Kent consistent with the Kent Downtown Rate Memorandum, the Rate Study and this chapter. SECTION 2. - Severabilitv. If any portion of this title is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other chapter or any other section of this title. SECTION 3. - 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: 20 Transportation Impact Fees Amend KCC 12.14 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2011. APPROVED: day of 2011. PUBLISHED: day of 2011. 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:\Civi I\Ordi na nce\Tm nsWr�tion Imp ctF es2-17-11.docx 21 Transportation Impact Fees Amend KCC 12.14 t � FFHI} & PEERS TRANSPORTATION CONSULTANTS MEMORANDUM Date: June 29, 2010 To: Cathy Mooney, City of Kent 1 From: Donald Samdahl Subject. Impact Fee Rate Adjustments for Downtown Kent SE08-0080 We have conducted research into the travel characteristics of land uses in downtown Kent. This memorandum summarizes key findings from the research related to impact fee rates for downtown Kent land uses. Downtown Kent has higher densities of development, a greater mix of land use types, and is closer to substantial transit services than the rest of the City. These characteristics result in lower trip generation rates and shorter trip lengths for select land uses As a result, the City can reduce the impact fee rates for these land uses. The ITE Trip Generation report and data from national sources were used to determine the lower trip generation rates within the downtown These data also show that average trip lengths are reduced to and from activity centers such as L Downtown Kent. Additional details regarding these research findings have been provided to the City as supplemental information. DOWNTOWN KENT Downtown Kent was defined as part of the Downtown Strategic Action Plan (April 2005). The approximate limits of Downtown Kent are SR 167 on the west, Cloudy and James Streets on the north, Woodford Avenue and Titus Street on the east, and Willis Street/SR 516 on the south Figure 1 depicts the boundaries of Downtown Kent, subject to further legal description. 11410 NE 122"tl Way, Suite 320 Kirkland, WA 98034-6927 (425)820-0100 P (425)821-1750 fehrandpeers corn Ms Cathy Mooney June 29, 2010 Page 2of4 & P1'ER5 19 FHSPpgiAIIUN (pq SN(iA N15 Figure 1- Downtown Kent Boundary - li ar � ,„ ,zopjr 1 Kent , z , p�^j Downtown u _ A �., Districts, m c LJ = North Framee 9 F 3 n James of x �iCar3 m °y r 81,n U - _ lames St y� 'f U �w (.�7i �}'zt �� —r•' � 'Central 1Corridor North Core ` L �� a - >� E Temperance Sl z, 1 tta 'rif1� „� - "i - -� 7741 ,Smlib Sf West '7--r �} EastFrame ss n - Frame a L 1 ' J. h 1 ate, rr Meeker$t r )''I, , r i. HFstoncjC�ore �j} h 'a^. r 1. t 4 - r.O ,r, —i t South Core W t r, S Kent des Mouses E2d 9purc1"KpM 6r5 201 a � �.W1Ndlis Gt ENil65 SI i Source: City of Kent, Downtown Strategic Action Plan (2005). Exact boundaries subject to further legal description. f Ms Cathy Mooney June 29, 2010 Page 3of4 TrIIR PIARS re Axsruunnnx (0"s ".xr5 IMPACT FEE ADJUSTMENTS Table 1 shows the trip rate adjustment, trip length adjustment, combined adjustment, and percent reduction In Impact fees for specific Downtown Kent land uses. Table 1. Downtown Kent Impact Fee Adjustments r Trip Rate Trip Length Combined, Percent Land Use Adjustment Reduction in Adjustment Adjustment Factor Impact Fees tResidential 09 09 081 -19% Sinqle and Multi-Family Senior Housing Commercial- Services 082 09 074 -26% Drive-in Bank Day Care Center Library Post Office Movie Theater Health Club Commercial-Restaurant 082 09 074 -26% 1 Restaurant Hiqh Turnover Restaurant Fast Food Restaurant Commercial-Retail 082 09 074 -26% Shoppinq Center Supermarket Pharmacy with Drive- Commercial- Office 075 09 068 -32% 1 General Office Medical Office Ms Cathy Mooney June 29, 2010 120 Page 4of4 FLiii� & htlRy I RMSIOgllp6H tO XS4t GNI5 DOWNTOWN KENT IMPACT FEE RATES Table 2 documents the resulting Impact fee rates for the specific land use types In Downtown Kent, assuming a cost per trip equal to 30% of the maximum allowable rate. Table 2- Downtown Kent Impact Fee Rates for Specific Land Use Types ' ITE'Laind,use i'�Unitof Impact Fee Land Use Code Measure Rate (30% of Maximum Downtown Impact Fee Rates Residential Single Family(DT) 210 dwelling $2,999 Multi-Family (DT) 220 221.230, dwelling $1,946 Senior Housing DT 251 dwelling $642 Commercial-Services Drive-in Bank DT 912 sf/GFA $18 01 Day Care Center DT 565 sf/GFA $14 49 Libra DT 590 sf/GFA $7 22 Post Office DT 732 sf/GFA $10 99 Movie Theater DT 444, 445 seat $107 Health Club DT 492, 493 sf/GFA $6 36 Commercial-Restaurant Restaurant DT 931 sf/GFA $15 79 High Turnover Restaurant DT 932 sf/GFA $15 90 Fast Food Restaurant DT 934 sf/GFA $26 42 Commercial-Retail Sho in Shopping Center DT 820 sf/GLA $4 26 Supermarket DT 850 sf/GFA $12 82 Pharmacy with Drive-Through 881 sf1GFA DT $6 82 Commercial-Office General Office DT 710, 715, 750 sf1GFA $4 88 Medical Office DT 720 1 sf/GFA 1 $8 88 Notes GFA = Gross Floor Area GLA= Gross Leasable Area DT = Downtown Kent PUBLIC WORKS ENGINEERING Timothy J. LaPorte P.E., Public Works Director Phone, 253-856-5500 KEN T Fax 253-856-6500 Address: 220 Fourth Avenue S Kent, WA 98032-5895 Memorandum Date: June 30, 2010 To: Kent City Council Through: Timothy J, LaPorte, Public Works Director From: Cathy Mooney, Senior Transportation Planner RE: Proposed Transportation Impact Fee Ordinance The previous memo outlines the evolution of the Transportation Impact Fee Ordinance up through the last public meeting which was held on June 21, 2010 at Public Works Committee. Here's what we heard coming out of the discussion from that 6/21 Public Works Committee. There were three significant modifications requested to be made to the Draft Ordinance. Committee asked staff to: 1) Phase in the Impact Fees over a 7-year period rather than the previously 1 proposed 5 year period. This is reflected in Section 12.14.060 of the ordinance 'Assessment of Impact Fees'. 2) Start out at a 30% level rather than the previously proposed 52% level. This is reflected in Section 12.14.190 Table 1 'Impact Fee Rates Outside Downtown Kent for Specific Land Use Types'. A copy of this Table showing the 30% level of rates is imbedded in the ordinance but is also attached here for your review, 3) Create a separate and lower Impact Fee Rate for the Downtown Area. This is to encourage development in the Downtown Center and to recognize the investments that the City has made in enhanced pedestrian and bicycle infrastructure as well as the easy access to train and bus modes. A "Memorandum-Downtown Kent Trip Reductions" which explains the methodology and displays the reduced downtown rates is also attached here. In addition to these three changes, there was discussion to verify that the Council has the authority to review and adjust the rates whenever they wish. This clause can be found in Section 12.14.160 'Review of Rates' which says: "The fee rates set forth in the Rate Study may be reviewed and adjusted by the Council as it deems necessary and appropriate in conjunction with the annual update of the capital Memorandum: June 30, 2010 Page 2 facilities plan element of the City's comprehensive plan." This means that the Council may adjust the rates, stop the next increase or take any other action it deems necessary when it conducts its annual review. Our Legal Department has left the effective date of the ordinance blank so that Council can make this determination. Legally, this type of an ordinance could become effective as early as 5 days after adoption. There was some discussion about allowing as much as 60 days before it becomes effective in order to give any developers who are close to submitting an application or close to getting their 1' financing wrapped up enough time to file for their permit early and avoid this new fee. That way they could not say we sprung this on them when they were close to submittal. Please let me know if you have any questions. Cathy Cathy Mooney,Senior Transportation Planner Transportation Engineering i Public Works Department 220 Fourth Avenue South, Kent, WA 98032 „,-eaaxR,,O Phone 253-856-5564 1 Cell 253-350-4972 ` KENT www ci kent.wa.us/transportation REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENO Wg6HINOTON OPERATIONS COMMITTEE MINUTES February 1, 2011 Committee Members Present: Debbie Raplee, Jamie Perry, Les Thomas (Chair). The meeting was called to order by L Thomas at 4:02 p.m. 1. APPROVAL OF MINUTES DATED JANUARY 18, 2011 D Raplee moved to approve the Operations Committee minutes dated January 18, 2011. J Perry seconded the motion, which passed 3-0. 2. APPROVAL OF VOUCHERS DATED JANUARY 15, 2011 J Perry moved to approve the vouchers dated January 15, 2011. D Raplee seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND CITY COUNCIL AUTHORIZE THE MAYOR TO APPROVE PURCHASE ORDERS WITH HEWLETT-PACKARD COMPANY (HP) IN THE AMOUNT NOT TO EXCEED $119,176,96, INCLUSIVE OF APPLICABLE STATE TAXES. The Information Technology Department is looking to purchase a server enclosure with two (2) internal computer host blades in support of the department's enterprise Storage Area Network (SAN) project. This hardware and software purchase will also provide the necessary infrastructure to enhance and provide greater business continuity for many of the city's key business systems as well as the associated disaster recovery readiness project. In February of 2010, City Council approved the purchase of virtual server hardware and software that has been deployed in our current disaster recovery site of Fire Station #74. This request is to purchase the matching virtual server hardware and software for City Hall that will complete the system design for disaster recovery. Deploying the matching server infrastructure will allow the city to recover critical business systems in the event of a catastrophic disaster as well as provide for some redundancy that will provide Improved system up-time and minimize Impacts from required maintenance. Curt clarified for J Perry and L Thomas that this is new hardware similar to the hardware that was deployed at Fire Station #74. This will be the matching, integrated pair that will be installed at City Hall. D Raplee questioned the need for upgrades what is anticipated in 3-5 years. Curt responded that this hardware has an extended life span to it to the point that the equipment can be maintained and will not need to look to upgrade this for 5-8 years down the road. D Raplee moved to recommend City Council authorized the Mayor to approve purchase orders with Hewlett-Packard Company (HP) in the amount not to exceed $119,176.96, inclusive of applicable state taxes. J Perry seconded the motion, which passed 3-0. 4. MOVE TO RECOMMEND THAT THE OPERATIONS COMMITTEE AUTHORIZE THE BUDGET ADJUSTMENT TO REDUCE THE UTILITY TAX REVENUES BY $1,276,595 IN THREE FUNDS AND REDUCE THE EXPENDITURE BUDGETS IN THOSE FUNDS BY $1,276,595 AND FORWARD THIS ITEM TO THE FEBRUARY 15, 2011 CITY COUNCIL AGENDA. Operations Committee Minutes February 1, 2011 Page: 2 i As was explained to the Operations Committee In both December and January, telephone utility tax is significantly underperforming and the budget should be reduced. The budgets for three funds will be affected by this reduction. The General Fund's budget will be reduced by $1,000,000, The Street Fund's budget will be reduced by $212,766, and the Youth/Teen Fund's budget will be reduced by $63,829. L Thomas asked City Finance Director Bob Nachlinger to provide a brief explanation of what has happened to get to this point. Bob explained that a major provider In telecommunications has quit paying utility tax on communications for data services. This is not just a city, but is a state wide issue. Our City Attorney is working with other City Attorneys on this issue. The outcome will depend on the Federal Communications statutes and the desire at the Federal level to have a free and open internet with no taxes associated with it. Since we are anticipating a decline in the budget we want to acknowledge that and take it into consideration. Perry moved to recommend that the Operations Committee authorize the budget adjustment to reduce the utility tax revenues by $1,276,595 in three funds and reduce the expenditure budgets in those funds by $1,276,595 and forward this item to the February 15, 2011 City Council agenda. D Raplee seconded the motion, which passed 3-0. S. MOVE TO RECOMMED THAT THE OPERATIONS COMMITTEE APPROVE THE CERIFICATION OF $4,530,373 FOR THE ANNEXATION SALES TAX CREDIT FOR THE PERIOD JULY 1, 2011 THROUGH JUNE 30, 2012 AND FORWARDING THE ITEM TO THE FEBRUARY 15, 2011 CITY COUNCIL AGENDA. The City is required to certify to the State of Washington before March 1 of each year the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated the costs and revenues within the annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,530,373 for July 1, 2011 through June 30, 2012 period. The budget for the Panther Lake Annexation area for the State's fiscal 2012 year is anticipated to be $11,142,127 in expenditures to provide City services to those residents while we anticipate revenues of $6,611,754 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,530,373 which is the amount being certified as the amount we are requesting from the State in the annexation Sales Tax Credit. J Perry questioned Finance Director Bob Nachlinger about whether or not we looked ahead since at what needs we might have since this period runs through June 30, 2012. Bob indicated that yes, we did. There were 3 positions in the original plan which would be added to the annexation area beginning January 1, 2012. Also took some growth factors in for employees, we're actually anticipating inflation to happen again, also some increase in our supplies and services to those areas. Operations Committee Minutes February 1, 2011 Page: 3 Wanted to be somewhat liberal in our estimates because this is the maximum amount, if we spent more than that we couldn't get reimbursed for it. I Perry further questioned the long term outlook. We have the tax and get back money for 10 years. The hope is at the end of this, revenues in the annexation area will catch up so that we no longer need that. With the numbers we have now, do we still assume that will happen. Bob responded that our goal is to wean ourselves away from the annexation sales tax credit, to reduce our costs in future years which means that the general fund will have to absorb more of that cost. But the goal is at the end of 10 years to have no negative impact on the general fund. D Raplee moved to recommend that the Operations Committee approve the certification of $4,530,373 for the annexation sales tax credit for the period July1, 2011 through June 30, 2012 and forwarding the item to the February 15, 2011 City Council agenda. 6. MOVE TO RECOMMEND THAT THE OPERATIONS COMMITTEE APPROVE THE REIMBURSEMENT RESOLUTION ALLOWING THE CITY TO REPAY ITSELF FOR CAPITAL EXPENDITURES FROM THE ISSUANCE OF BONDS AND FORWARD THE ITEM TO THE FEBRUARY 15, 2011 CITY COUNCIL AGENDA. Bob Nachlinger, Finance Director, advised that the City is required under Internal Revenue Service regulations to declare its intent to repay itself from the issuance of future bonds for capital expenditures before those expenditures may be reimbursed. The City is beginning work on storm drainage improvements to alleviate flooding along 76 Avenue. We do not plan to enter the bond market until later in the year and this resolution is necessary in order to repay the costs of this project from that future bond sale. J Perry moved to recommend that the Operations Committee approve the reimbursement resolution allowing the City to repay itself for capital expenditures from the issuance of bonds and forward the item to the February 15, 2011 City Council agenda. D Raplee seconded the motion, which passed 3-0. City Attorney, Tom Brubaker came forward to advise that the resolution that is in this packet will change some between now and when it comes to Council. He will be working with Bob and the Bond Council to make sure it is consistent with the bond that is going to go out. So basically what is in today's packet is a draft. The meeting was adjourned at 4:21 p.m. by L Thomas. W/l Nancy I y Operations Committ Secretary City of Kent Parks and Human Services Committee KE11[T Meeting Minutes of January 20, 2011 Council Present: Chair Debbie Ranniger, Dennis Higgins, Elizabeth Albertson Call to Order: Debbie Ranniger called the meeting to order at 5:08 p.m. 1. Minutes of November 18, 2010 - Approve Elizabeth Albertson moved to approve the minutes of November 18, 2010. Dennis Higgins seconded. The motion passed with a vote of 3-0. 2. Sound Mental Health Agreement Pertaining to Safe Havens Services - Authorize In January of 2003, the City of Kent received a 3-year, $500,000.00 grant from the Federal Department of Justice Office on Violence Against Women (OVW) to establish a supervised visitation and safe exchange program for families impacted by domestic violence, child abuse, sexual assault, and stalking. In 2004 and 2005, an additional $200,000 was awarded to the City. In 2007, OVW awarded the City $250,000 and then $250,000 in 2010. Unfortunately, with the loss of funding from the State and the County, Safe Havens faced a $140,000 gap in funding. Staff worked with the Friends of Safe Havens, a group representing a wide range of providers and coalitions, to find sufficient funding for 2010, as well as find a nonprofit agency willing to run Safe Havens. Sound Mental Health (SMH) announced their interest and began soliciting support from the beginning. In December, SMH submitted their Letter of Interest to operate the Safe Havens Center and to provide financial support. Since then, the City received an agreement from the Office on Violence Against Women to transition the program to Sound Mental Health. SMH will be responsible for rent, utilities and staffing, and the City will maintain ongoing involvement in the project by assigning staff as project coordinator, and contracting for the OVW funds with SMH. The new name of the facility is to be Safe and Sound. One-time transitional funding will be used from the City in the amount of $30,000-$40,000. These funds are comprised of the remaining RJC Mitigation Fund, the United Way Homeless Planner fund, unspent Safe Havens fees, and private donations to the Safe Havens project. No General Budget funds will be used. Ongoing financial support from the City will be provided through the Human Services 1% Fund. The attached Draft Consultant Agreement is a sample of the contract boilerplate that will be used for each agreement with SMH. OVW requires the City to include the Special Conditions from their agreement as part of the contract with SMH utilizing the OVW funds. The attached list of maximum amount of funds for each contract are based on current information, but will be adjusted to meet the year-end closing balances as provided by Finance. All contracts will be approved in their final draft by the City Attorney and the Parks Director before being sent to the Mayor for approval. Elizabeth Albertson moved to authorize the Mayor to sign agreements with Sound Mental Health Pertaining to Safe Havens, subject to final terms and conditions to the City Attorney. Dennis Higgins seconded. The motion passed 3-0. 3. Amendment Number Five to the Public Defense Services Aareement - Authorize On July 1, 2010 the City of Kent annexed the Panther Lake area adding approximately 24,000 residents. The City of Kent is required by statute to provide Indigent Counsel services for individuals unable to afford legal representation when charged with a crime in Kent Municipal Court. Stewart, Beall, MacNichols and Harmell, under an agreement with the City, represents those individuals needing legal representation based on financial need. This amendment will continue the increased payment amount to Stewart, Beall, MacNichols and Harmell from $36,000 per month to $46,000 per month for another year. The increase is based on the increase to the city's population and has been in effect for six months. The Stewart, Beall, MacNichols and Harmell agreement with the city for indigent counsel will expire at the end of this year. Staff will be reviewing the current payment amount and indigent counsel case loads in preparation for a new agreement in 2012. Dennis Higgins moved to recommend authorizing the Mayor to sign Amendment Number Five to the Public Defense Services Agreement. Elizabeth Albertson seconded. The motion passed 3-0. 4. AAA Pest Control Aareement - Authorize Three written bids were received to provide monthly pest inspection and abatement services at various city buildings and facilities. AAA Pest Control, Inc. was the lowest bidder at $38,339.91, excluding Washington State Sales Tax. The City has used AAA Pest Control, Inc,. in previous years and has been pleased with their performance. Dennis Higgins moved to recommend authorizing the Mayor to sign a three-year Goods and Services Agreement with AAA Pest Control Inc., in the amount of $38, 339.91, excluding Washington State Sales Tax, for pest inspection and abatement services at various City buildings. Elizabeth Albertson seconded. The motion passed 3-0. 5. King County Youth Sports Facility Grant Agreement for Lake Meridian Playground Expansion - Authorize This grant helps pay for the Playground Expansion Project at Lake Meridian Park. The project is scheduled to begin construction in spring 2011, and will make the playground more accessible under ADA. In response to Dennis Higgins question regarding grant matching, Jeff said that funds in the Parks Capital Improvement budget have been designated for this project. And the project schedule has been coordinated with the lifeguard timetable and summer events at the park. Elizabeth Albertson moved to recommend accepting the grant from King County Natural Resources and Parks Division under the Youth Sports Facilities Grant Program in the amount of $75,000.00, amend the budget, authorize expenditure of the funds in accordance with the grant agreement, and authorize the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney. Dennis Higgins seconded. The motion passed 3-0. 6. Fourth Ouarter Fee-in-Lieu Funds - Accept Ordinance 2975 requires developers dedicate park and open space land in proximity to new construction sites or pay "fee-in-lieu" funds. Each fee is based on assessed land values. Between October and December 2010, the City of Kent received $57,225.00 from Dahlgren, Erin & E Scott, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in one subdivision near Garrison Creek Park. These funds will be dedicated to the Garrison Creek Park budget and will eventually be combined with other Capital Funds to be used in adding more community trail connectivity at the park. Dennis Higgins moved recommend accepting $57,225.00 for fee-in- lieu funds acquired during the fourth quarter of 2010, and authorizing the expenditure of funds in the Garrison Creek Park Budget. Elizabeth Albertson seconded. The motion passed 3-0. 7. Green Kent Partnership 20-Year Plan - Approve Jeff Watling explained that this effort stems from a partnership with the Green Kent Partnership to create a system-wide plan for our natural areas. The impetus behind this partnership is that Kent has natural areas that have been neglected. This plan allows us to create a 20 year vision, so that we are better stewards of our land. This is not intended as a budget document, but is a planning document that allows us to map out opportunities in our management plan. It positions us to attain some additional grant money. Jeff referred to the table of contents of the plan to lend in giving a brief overview of what the plan is about - in particular the first three categories: Challenge: we have incredibly valuable assets in our urban forests that are beginning to get overrun. This creates a sustainable management plan that addresses these spaces and creates better stewards of the land issues - plus the economic value these spaces provide. Solution: the goal behind this plan is to form an alliance between the City of Kent, CLC, citizens, and businesses. It gives opportunities to form partnerships to better manage our system, to engage our community and educate them as what sometimes appears to be just empty spaces. Implementation: this is the bulk of the plan. It delves into the field work which is an actual assessment of our park system. Parks, the CLC and Public Works worked together to develop this plan that assesses all the city's property. Jeff introduced Matt Knox from Public Works in the audience who's been a key player in this effort. Each Green City Partnership develops a strategic plan that assesses the current state of their natural resources and categorizes acres into nine different values and threat levels, referred to as the "Tree-iage" Matrix. This Tree-iage map is what helps us to prioritize our current investment. We already have a healthy volunteer program and through this program we've enhanced it with the addition of the Green Kent Stewardship Volunteer Program. Twenty-five volunteers have been trained. The stewards are scheduling work parties in their selected areas with staff support to begin removal of invasive plants. The resources portion of the plan can be a little daunting. Looking at a 20- Year Plan and the cost to bring all of our spaces to a healthy, vibrant, non- invasive level would be $18M. Again, this is not a budget document. It becomes a target for us to see how creative we can be in getting grants, leveraging volunteer support and utilizing existing resources, in partnership with Public Works and the CLC. The CLC has their own network within the profession. Their Carbon Mitigation Program allows local companies and individuals to invest in voluntary carbon mitigation and it helps to fund current stewardship projects that restore parks and open spaces. The band Pearl Jam has launched a Carbon Portfolio Strategy and are dedicating efforts to mitigate their own carbon emissions, while raising the public's carbon consciousness. The band is donating a total of $100,000 to organizations involved with climate change, renewable energy and the environment. With our portion of these funds, eight acres of invasives will be targeted in an area that is outside what would normally be possible to complete. Panther Lake was not included in the tree-iage matrix because it was not annexed at the time of the assessment and drafting of the plan. As funding becomes available, updates will be completed. Staff applied for King Conservation District funds to help pay for 2011 projects. Dennis Higgins noted the significance of this document and asked for a short presentation at the February 1, City Council Meeting. Elizabeth Albertson moved to recommend Council approve the Green Kent Partnership 20-Year Management Plan. Dennis Higgins seconded. The motion passed 3-0. S. Sister Cities Youth Soccer Exchanae - Informational Councilmember Dennis Higgins explained that the Kent Youth Soccer Association is seeking to expand our sister city relationship with Sunnfjord, Norway through creation of a Youth Soccer Exchange program. Dennis is asking for support to begin planning and fundraising for the exchange. This would be an expansion of our current volleyball exchange. Dennis attended a meeting with representatives of Sung Fjord Sister Cities and the Youth Soccer Association where discussion centered around this collaboration. This proclamation would emphasize the city's support in Kent's soccer program to form and raise funds for a team to go to Norway. The program would not be funded by the city, it's a proclamation of support. The proclamation will be announced under Public Communications at the City Council on February 1. 9. 2010 Fourth Ouarter Department Report and Contributions Report - Informational Jeff Watling, Director of Parks, Recreation and Community Services, highlighted some programs, services, and contributions in the fourth quarter of 2010. Recreation • There were 1,086 youth soccer participants during the fourth quarter. • The Holiday Dance Recitals had 300 participants. • We had great community support with 207 volunteer coaches and 74 hired officials - among them a high number of high school students. Cultural Services Three hundred art patrons attended the mural artist Danny Pierce Exhibit which coincided with his 90th Birthday celebration. There was a record 1,800 runners this year at the Christmas Fun Run. Staff received great feedback on the event. Adaptive Recreation Programs and classes are filled to capacity. Jeff commended Lara Hosford for her terrific job in managing the division. Housing and Human Services The severe weather shelter housed an average of 30 occupants each night during the freezing weather in December. Staff from Human Services have been making presentations to front line staff, focusing on available resources for the homeless, as well as low income assistance. Park Operations The re-organization has been implemented which changed the management geographically. East Hill has 439 acres and the West/Valley area has 500 acres to maintain. Staff will track outcomes to see how it's working. Planning and Development • Off Leash Dog Park on East Hill: The new Off Leash Dog Park continues to be very popular. Other East Hill locations are being looked at for additional sites. • Turnkey Park: Completing renovations at Turnkey Park, located on 100th Street. More front has been created, with more parking and a picnic shelter. The dedication will be in Spring. This is a strong candidate for a community garden site. • Green Kent Steward Training was a huge success. • Volunteer hours totaled 3,163 in the fourth quarter. Contributions Report Fourth Quarter contributions were $30,844.81, making the 2010 year-end $108,244.84. Many thanks to the local businesses and citizens who donate cash and materials in support of our parks and recreation programs. 10. Director's Report - Informational Communities Putting Prevention to Work Grant - Update Public Kick-off Meeting - Wednesday, February 23rd - 7:00 p.m. at Kent Commons. Update: the meeting has been re-scheduled to March 9. A Citizen Advisory Group will be appointed by the Mayor in March. They will inform staff & consultants regarding community priorities for connectivity. Assembling the Internal Working Group to work on items identified from Consultants and Citizen Advisory Group. A multi-departmental strategy toward achieving pedestrian connectivity will be established. Consultants are reviewing existing plans/policies to identify potential areas of focus. Event Announcements Cultural Programs: Susan Vega performs on January 29, and the Late Nite Catechism performance is on February 11. You, Me, We Event: This community event is February 18 at ShoWare from 6:00 p.m. to 9:30 p.m. Information is on the city's Web, Facebook, Channel 21, and Twitter. It's a "Festival of Free Family Fun" with 42 vendors participating. It's an interactive event, family friendly, with face painting, bounce houses and plenty of entertainment. Debbie Ranniger adjourned the meeting at 6:05 p.m. Respectfully Submitted, Teri Petrole Council Committee Recorder Minutes from 1/20/11 Meeting - Page 7 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION