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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/15/2011 CITY OF KENT AgendaCity Council Meeting March 15, 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 15, 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 AGENDA 5:30 p.m. Item Description Speaker Time 1. Intergovernmental Issues Michelle Witham 10 minutes 2. King County Metro Strategic Plan Metro King County Staff 45 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Mayor's State of the City Address 5. PUBLIC HEARINGS None 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting - Approve B. Payment of Bills - Approve C. Astral Communication Mobile Routers - Approve D. Valley Communications and Kent Fire Department Regional Fire Authority Agreement - Authorize E. First Amended Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED F. Guiberson Corrosion Control Facility Right of Way Dedication — Authorize G. Guiberson Corrosion Control Facility Puget Sound Energy Easement — Authorize H. Green River Flood Protection Engineering Services Contract — Authorize I. Panther Lake Elementary School Sewer Latecomers Agreement — Authorize J. Safe Routes to School, No Parking Zones on 248th, Amending Ordinance — Adopt K. 2010 Consolidated Annual Performance Evaluation Report — Approve L. Misty Meadows Neighborhood Council Resolution — Adopt S. OTHER BUSINESS A. Smith & Lincoln Sidewalk Improvements Grant 9. BIDS A. S. 277th ValleyCom Fiber Optics Interconnect 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION None 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office and the Kent Regional Library. The Agenda Summary page and complete packet are on the City of Kent web site at www.choosekent.com An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Mayor's State of the City Address 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 L. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of March 1, 2011. 7B. Approval of Bills. Approval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on March 1, 2011. Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/11 Wire Transfers 4487-4508 $1,938,035.59 2/15/11 Regular Checks 650684-650866 2,493,673.80 Use Tax Payable 1,660.58 $4,433,369.97 Approval of checks issued for payroll for February 1 through February 15 and paid on February 18, 2011: Date Check Numbers Amount 2/18/11 Checks 321717-321909 $ 146,119.59 2/18/11 Advices 279284-279914 1,186,625.63 $1,332,745.22 y RCN i Kent City Council Meeting March 1, 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 additions were made. B. From the Public. (CFN-198) Two citizens asked to speak during the Public Comment section of the agenda. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) No comments were made. B. Community Events. (CFN-198) Ranniger announced Kids Art Day and the Spotlight Series events. Raplee announced events taking place at ShoWare during March. C. King County Councilmember Julia Patterson. (CFN-198) Patterson gave a synopsis of issues the County dealt with in 2010 including the budget, transit plans, flooding issues, and public health, and ensured the Council that their issues are a priority for her. D. Legislative Update. (CFN-198) Michelle Witham reported on the status of issues important to the City, such as levee funding and suppression, streamlined sales tax, annexation sales tax credit, and transportation. E. Economic Development Report. (CFN-198) Ben Wolters gave a report on national, regional and local growth in manufacturing and housing, and announced that new businesses are opening in Kent and relocating from Seattle. PUBLIC COMMENT A. Kent Downtown Partnership. (CFN-462) Barbara Smith, Executive Director of the Kent Downtown Partnership, invited everyone to attend a workshop on helping the community grow its businesses, which will be held on March 10 at Kent Station. B. Kent Chamber of Commerce. (CFN-104) Jim Brownlow spoke about Other Business Item 8A. CONSENT CALENDAR Perry moved to approve Consent Calendar Items A through H. Thomas seconded and the motion carried. A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council meeting of February 15, 2011, were approved. 1 Kent City Council Minutes March 1, 2011 B. Approval of Bills. (CFN-104) Payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 15, 2011, were approved. Checks issued for vouchers were approved: 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 C. Division of Services Interlocal Agreement with Kent Fire Department Regional Fire Authority. (CFN-122) The Mayor was authorized 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. D. National Development Council Consultant Agreement for Kent City Center Project. (CFN-825) The Mayor was authorized 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. E. 2011 City Art Plan and Five Year Plan. (CFN-118) The 2011 City Art Plan and Five Year City Art Plan for 2011-2015 was approved. F. Communities Putting Prevention to Work Grant Budget Amendment. (CFN-118) The Mayor was authorized 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 expend the funds in accordance with the grant agreement was authorized, subject to final terms and conditions acceptable to the City Attorney. G. 2011 King County ASA Umpires Association Agreement. (CFN-118) The Mayor was authorized to sign the King County ASA Umpires Association Agreement for the 2011 season, subject to final terms and conditions acceptable to the City Attorney. 2 Kent City Council Minutes March 1, 2011 H. 2011 Washinaton State Slo-Pitch Umpires Association Aareement. (CFN-118) The Mayor was authorized 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. OTHER BUSINESS A. Transportation Impact Fees. (CFN-104) Mayor Cooke explained that the proposed ordinance amends the original Transportation Impact Fee (TIF) ordinance which was passed in 2010. During the earlier Public Comment section of the agenda, Jim Brownlow, President of the Kent Chamber of Commerce, 524 W. Meeker, Kent, noted that in 2009 the Chamber prioritized projects in the 6-Year Transportation Improvement Plan which they believed were the highest priorities of the business community. He said their recommendation specifically warned against impact fees on new development, and that, even with the proposed changes, the Chamber is still concerned about how the fees will be implemented and about unintended consequences which may be created in the business community. Brownlow then highlighted the amendments which the Chamber supports, and urged the City to work with the business community in reprioritizing the Transportation Master Plan. Economic and Community Development Director Wolters explained that in the process of interpreting and implementing the Transportation Impact Fee ordinance, the public and staff raised questions relating to changes-of-use subject to the TIF. He cited some examples, and said staff feels a broader definition of change-of-use is more applicable. Wolters outlined other revisions and noted that the issue was addressed by both the Economic and Community Development Committee and the Public Works Committee. Raplee moved to adopt Ordinance No. 3992 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 approval of final language by the City Attorney. Harmon seconded. Albertson pointed out that there are items in the Transportation Master Plan which don't seem to be priorities, and explained that they are listed so that if and when grant funds become available for such projects, the City will be eligible for those grants. Ranniger, Perry, Harmon and Thomas all spoke in favor of the amending ordinance, noting that the Council reviews the project list annually at which time changes can be made. The motion to adopt Ordinance No. 3992 then carried. REPORTS A. Council President. (CFN-198) No report was given. B. Mayor. (CFN-198) Mayor Cooke noted that she testified in Olympia on the tax suppression issue, that the King County Executive had given his State of the County address in Kent, that the County is selling Aukeen Court to the City, that Valley Medical Center and the University of Washington are working on an affiliation, and that Super Buffet just opened on East Hill. 3 Kent City Council Minutes March 1, 2011 C. Administration. (CFN-198) Hodgson announced the death of three current or recently retired employees during the past week. D. Economic & Community Development Committee. (CFN-198) Perry noted that the next meeting will be 5:30 on March 14. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be at 5:00 p.m. on March 17. G. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will be on March 8 at 5:00 p.m. H. Public Works Committee. (CFN-198) Raplee noted that the next meeting will be on March 7 at 4:00 p.m. I. Reaional Fire Authority. (CFN-198) Raplee noted that there will be a public hearing on the fire benefit charge at Fire Station 78 on March 16. She added that SeaTac and Tukwila are considering joining the RFA. ADJOURNMENT The meeting adjourned at 8:32 p.m. (CFN-198) Brenda Jacober, CIVIC City Clerk 4 Z KENT w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: March 15, 2011 SUBJECT: Astral Communication Mobile Routers - Approve MOTION: Authorize the Mayor to approve a purchase order with Astral Communications Company in the amount not to exceed $110,858.88, inclusive of applicable state taxes. Funding for this project was budgeted in the Information Technology Plan as adopted by City Council and will not impact the general fund. SUMMARY: The Information Technology Department is looking to purchase 60 Sierra Wireless Pinpoint X mobile routers to replace the Police Department's Motorola RD-LAP systems. The routers will provide delivery to and from mobile units for Police CAD data. The existing system is at the end of its life cycle and ValleyCom will be discontinuing the Vehicular Radio Modems (VRM). EXHIBITS: Memo dated 3/1/2011 and Quote RECOMMENDED BY: Operations Committee BUDGET IMPACTS: Funds are budgeted in the 2010 Information Technology Plan as adopted by the City Council in December of 2009. INFORMATION TECHNOLOGY 40 ZKim Clements Phone: 253-856-4623 KENT Fax: 253-856-4700 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: March 1, 2011 TO: Kent City Council Operations Committee FROM: Kim Clements, Senior Systems Analyst SUBJECT: Approve Purchase Order for Astral Communications MOTION: Move to recommend City Council to authorize the Mayor to approve a purchase order with Astral Communications Company in the amount not to exceed $110,858.88, inclusive of applicable state taxes. SUMMARY: The Information Technology Department is looking to purchase 60 Sierra Wireless Pinpoint X mobile routers to replace the Police Department's Motorola RD-LAP systems. The routers will provide delivery to and from mobile units for Police CAD data. BUDGET IMPACT: Not to exceed $110,858.88 per attached quote with added applicable state taxes. These funds are budgeted in the 2010 Information Technology Plan as adopted by council in December of 2009. BACKGROUND: This is the required communication device to meet the needs of the Valleycom CAD system. • The device meets the Criminal Justice Information Services (CJIS) security requirements. • The device meets the requirements for the new CAD system being implemented by ValleyCom and the City. I look forward to talking with you about this opportunity at your March 1 Operations Committee meeting. If I may answer any questions prior to the meeting, please call me at 253-856-4623. ATTACHMENTS: Astral Communications Company Quote 1 �dandasdd®evlres�d�dds. Inc. 6115 Ben Place, Suite B DATE: 14-Feb-11 Boulder, CO 80301 (303)449-7820 SALES: CG CUSTOMER: Kim Clements COMPANY: City of Kent ADDRESS: 220 Fourth Avenue South Kent, WA 98032 TELEPHONE: 253-856-4627 CELL: Quantity PARTS PRICE AMOUNT 60 Sierra Wireless Pinpoint X EVDO Rev A VZW) $1,450.00 $87,000.00. INCLUDED up2rade to GX440 4G LTE w/ WiFi 60 Quad Band(800/1900/GPS/WiFi) Antenna $125.00 $7,500.00 60 Dual Band Diversity Antenna $18.00 $1 ,080.00 60 TNC to SMA Adapters $7.00 $420.00 60 AceNet 3.0 Modem Management Software $15.00 $900.00 (per device char e) TOTAL PARTS $96,900.00' 60 TECHNICAL TIME $85.00 $5,100.00 TRAVEL Costs INSTALLATION 1 SHIPPING $80.00 $80.00 TOTAL $1 02,080.00 TAX $8,778.88 TOTAL CHARGE $110,858.88' NOTES: Bids is based on units compatible with Verizon EVDO Rev A data network Technical Time includes provisioning, programming template development, and bench testing of both 3G and 4G modems. See additional terms and conditions. Bid is good for 30 days. � �,�ng;srat r �rr s•ayi� «�f �„� communications, inc. Terms and Conditions • Proposal includes initial delivery of Sierra Wireless PinPoint X 3G EVDO Rev A, with upgrade to GX440 4G LTE with Wifi upon device availability. • Upon availability and request of the City, Astral Communications will pre- ship (25) GX440 4G LTE w/ Wil'i to begin swap out process. On return of 3G units, Astral Communications will then release lots of 25 GX440's until swap out is complete. • The City is responsible for shipping cost for Pinpoint X 3G returns to Astral Communications. • Original PinPoint X 3G modem must be returned within 30 days after receipt of 4G units. Upgrade must be fully executed within 12 months of initial purchase and completed in any event by the end of Q2-2012. • Payment terms are net 15 from receipt of Pinpoint X 3G units. This offer is only good for purchase orders submitted by March 31, 2011. 6115 Ben Pf. -Suite B Boulder, CO 80301 Phone: 303,449.7620 Fax: 303.449,6417 Z KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: March 15, 2011 SUBJECT: Valley Communications and Kent Fire Department Regional Fire Authority Agreement - Authorize MOTION: Authorize the Mayor sign the agreement among Valley Communications Center and Kent Fire Department Regional Fire Authority and the City of Kent, subject to approval of final terms and conditions by the City Attorney. SUMMARY: This agreement among the Valley Communications Center("VCC"), Kent Fire Department Regional Fire Authority ("KFDRFA"), and the City of Kent supplements and amends the rights and obligations between the City and VCC only as it pertains to the KFDRFA. This agreement states that VCC will provide fire and emergency medical dispatch services to the City and KFDRFA pursuant to the VCC member city interlocal agreement. EXHIBITS: Agreement and memo dated 3/15/11 RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None LAW DEPARTMENT Tom Brubaker, City Attorney Phone: 253-856-5770 KENT Fax: 253-856-6770 WASHING70N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 15, 2011 To: Operations Committee From: Law Department Regarding: Agreement among Valley Communications Center and Kent Fire Department Regional Fire Authority and the City of Kent Recommend that the Mayor sign the agreement among Valley Communications Center and Kent Fire Department Regional Fire Authority and the City of Kent, subject to approval of final terms and conditions by the City Attorney. SUMMARY: This agreement among the Valley Communications Center("VCC"), Kent Fire Department Regional Fire Authority ("KFDRFA"), and the City of Kent supplements and amends the rights and obligations between the city and VCC only as it pertains to the KFDRFA. This agreement states that VCC will provide fire and emergency medical dispatch services to the city and KFDRFA pursuant to the VCC member city interlocal agreement. BUDGET IMPACT: None P:\Civil\Motions-Bl ueSheets\Motion Sheet-Operations RFA ILA.docx 1 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 Z KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: March 15, 2011 SUBJECT: First Amended Interlocal Agreement for the Division of Services Resulting from the Formation of the 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. SUMMARY: This Amendment is being returned to Council because the incorrect Agreement was included with this motion in the March 1, 2011 Council packet. The correct agreement was included in the committee packet. For information on the attached ordinance, please refer to the "blue sheet' from the last council packet, which is attached. EXHIBITS: Agreement and summary sheet from last council meeting RECOMMENDED BY: Operations Committee BUDGET IMPACTS: None 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 FIRST AMENDED INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY The original Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority was executed by the City on August 3, 2010, and by the RFA on August 4, 2010. This Agreement amends the original. I. PARTIES The parties to this First Amended Interlocal Agreement for the Division of Services Resulting from the Formation of the Kent Fire Department Regional Fire Authority ("Agreement") are the City of Kent (hereinafter the "City"), a Washington municipal corporation, and the Kent Fire Department Regional Fire Authority (hereinafter the "RFA"), a Washington municipal corporation formed in accordance with Ch. 52.26 RCW. II. AUTHORITY The City and the RFA are public agencies as defined by Chapter 39.34 of the Revised Code of Washington ("RCW"), and are authorized to enter into interlocal agreements on the basis of mutual advantage and thereby to provide services and facilities in the manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs of local communities. III. PURPOSE The City has maintained a full service fire department for decades. On April 27, 2010, voters within the jurisdictions of the City and King County Fire Protection District No. 37 ("District") voted to create the RFA in order to provide fire services, and adopted the Regional Fire Authority Plan which sets forth the manner in which fire services will be provided by the RFA. The RFA came into existence and became effective on July 1, 2010. The RFA consolidated the City of Kent Fire Department and the District into one governmental entity, with taxing authority, designed to provide fire services within the geographical boundaries of the City and the District. While the RFA has the authority to provide fire services, it remains the responsibility of the City to enforce its building codes, to provide emergency management services, and to provide fire investigation services. It is the parties' desire, however, that the RFA perform the following services for the City: fire prevention, emergency management, fire investigation services and vehicle inspections and modifications for the City Police Department. It is also the parties' desire that the City perform the following services for the RFA: provision of medical benefits including medical, dental, vision, wellness program, and employee assistance program for RFA employees; Civil Service Examiner services; INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 1 of 15 information technology services; facilities maintenance; and access to the City's commute trip reduction program and flexible spending accounts. This Agreement establishes the framework for transferring responsibilities from the City to the RFA pursuant to the formation of the RFA and adoption of the Regional Fire Authority Plan. This Agreement also sets forth the manner in which the services described above will be provided by both the City and the RFA. IV. EXHIBITS INCORPORATED AND AMENDABLE Attached to this Agreement are a number of exhibits that detail the work to be performed by the RFA for the benefit of the City, and the work to be performed by the City for the benefit of the RFA. There are also exhibits attached to this Agreement that designate the manner of transferring documents and handling other matters related to the transfer of fire services from the City to the RFA. The attached Exhibits A through L (the "Exhibits") are adopted and incorporated into this Agreement by this reference. Notwithstanding any provision contained within this Agreement that states otherwise, the Exhibits may be amended from time to time by written agreement of the Committee, as established in Section XIV of this Agreement, in order to provide for the orderly and efficient provision of services by the parties, and the governing bodies of the City and the RFA hereby delegate their authority over amendments of the Exhibits to the Committee. V. PLAN REFERENCED AND ATTACHED BUT NOT INCORPORATED The Regional Fire Authority Plan, which was passed by the voters of the City and the District on April 27, 2010, is hereby attached as Attachment 1 to this Agreement for reference purposes, though not specifically incorporated herein. VI. RFA SOLELY RESPONSIBLE FOR COMPLIANCE WITH LAWS AND REGULATIONS It is recognized that with the passage of the RFA plan by the voters of the City and the District, a new governing entity was created as of July 1, 2010, with a purpose separate from that of the City, and with officers, employees, and elected and appointed officials separate from those of the City. It is recognized that as of July 1, 2010, the RFA is a stand-alone and independent legal entity completely separate in all purposes from that of the City. Except as otherwise provided for in this Agreement, the RFA shall be solely legally responsible for all conduct and services provided by the RFA, and shall conduct itself in a manner consistent with all applicable laws and regulations. VII. DESIGNATION OF FIRE CHIEF, FIRE MARSHAL, AND FIRE CODE OFFICIAL INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 2 of 15 For the purposes of enforcement of federal, state, and City laws relating to the provision of fire services, and for the purposes of complying with federal and state grant programs or any other programs which relate to the provision of the services formerly provided by the City of Kent Fire Department, the Chief Officer of the RFA (hereinafter "Fire Chief') shall be considered the City's Fire Chief, and the Chief Officer assigned to the Fire Prevention Services Division shall be considered the City's Fire Marshal and Fire Code Official. VIII. SERVICES PERFORMED BY THE RFA FOR THE CITY A. Services to be Provided. The RFA agrees to perform Fire Prevention, Emergency Management, Fire Investigation, and vehicle inspections and modification Services for the City as set forth in Exhibits B, C, D and L of this Agreement, as well as RFA services at the ShoWare Center as set forth in Exhibit E. B. Employees of the RFA Are Not Employees of the City. All RFA employees who provide the City the services called for in this Section VIII shall be employees of the RFA, and not employees of the City. Except as provided in this Agreement, the employees of the RFA who are performing the services called for in this Section VIII shall not be entitled to any benefit provided to employees of the City. The RFA shall, at all times, be solely responsible for the conduct of its employees in performing the services called for in this Section VIII. C. Records. All records relating to the provision of the services called for in Exhibits B, C, D and L shall be considered records of the City, and shall be retained in accordance with the records retention requirements of the City. Custody and disclosure of the records shall be managed in accordance with Exhibit A. D. Quarterly Reports. For the services provided pursuant to Exhibits B, C, and D, the RFA shall, within fourteen (14) calendar days of a request by the City and in a form to be approved by the City, provide the City with a report which shall, at a minimum, specify the following: 1. Any revenue generated by or brought in by either of the three (3) services. 2. For Fire Prevention Services: a. The number of permits reviewed; b. The number of permits granted; C. The number of permits denied; d. Permit activity performance; e. The number of inspections conducted; f. The number of complaints investigated; g. The number of code enforcement cases investigated; h. The number of code enforcement cases filed; i. The number of short subdivision committee meetings attended; and j. The number of pre-application meetings attended. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 3 of 15 The report shall separately report all of the above information relating to services provided to any agency other than the City, such as, but not limited to, services provided to the city of Covington. 3. For Emergency Management Services: a. The number of training programs provided to City employees; b. The number of training programs provided to the public; C. Activities relating to the update of any emergency plans; d. Any grants applied for; e. Any grants received; and f. Attendance at regional emergency management meetings. 4. For Fire Investigation Services: a. The number of matters investigated; b. The number of cases filed; C. The number of cases investigated but either not filed or declined by the prosecutor's office; and d. Training attended by fire investigators. E. Audit Authority. The City may, at the sole cost of the City and with twenty-four (24) hours' notice to the RFA, perform an audit of the services provided in Exhibits B, C, D, E and L, and any other RFA matter that relates to or affects RFA charges to the City. The RFA shall cooperate fully with any audit conducted by the City. Such audit may be performed by City personnel or an agency or private entity with which the City contracts. Such audit may, at the sole discretion of the City, require the production of documents and reports without the necessity of a public records request or subpoena, and a response by RFA personnel to any questions or inquiries relating to the services provided by the RFA. This audit authority shall extend to any services provided to the City or to any other agency, such as, but not limited to, the city of Covington. F. Employee Performance. RFA employees performing services called for in Exhibits B, C, and D shall conduct themselves in a professional manner and consistent with RFA and City policies and procedures. In the event the City is dissatisfied with the performance or conduct of an RFA employee performing the services called for herein and such performance or conduct violates RFA or City policies or procedures, the Mayor of the City, or his or her designee, (the "Mayor") may report, in writing, his or her dissatisfaction to the Fire Chief, with an explanation for that dissatisfaction and the policies and procedures allegedly violated; provided that the Mayor's failure to initiate such report shall in no way be interpreted as an acceptance of unsatisfactory performance or conduct. The Mayor may request in writing that any employee for whom a written dissatisfaction notice is issued be removed from a position in which he or INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 4 of 15 she provides services to the City pursuant to this Agreement. In such event, the Fire Chief shall reassign such employee to a position that does not involve the services called for in Exhibits B, C, or D, unless the Fire Chief demonstrates that he or she is unable to reassign the employee due to legal reasons or reasons that would violate a provision of a collective bargaining agreement. The RFA shall not agree to any provision in any collective bargaining agreement that would interfere with the Fire Chief's authority to reassign an RFA employee who performs services for the City. Regardless of whether the Mayor requests the removal of an RFA employee, in the event such dissatisfaction is of such a nature that if true could form the basis of a violation of RFA policies or procedures, the Fire Chief may, consistent with RFA collective bargaining agreements and other applicable policies and procedures, initiate an investigation and impose appropriate disciplinary or corrective measures. G. New Employees - Authorization. The Fire Chief shall, at least thirty (30) days prior to assigning any person to a position that performs services pursuant to Exhibits B, C, and D, meet with the Mayor to discuss the position, and the candidate that the Fire Chief wishes to assign to that position. In the event the Fire Chief and the Mayor agree to the assignment of the person to the position, the Fire Chief may make the assignment. In the event the Fire Chief and the Mayor do not agree to the assignment, the Fire Chief shall provide the Mayor with a list of three (3) candidates qualified for the position, and if there are not three (3) qualified candidates, then at least two (2) qualified candidates for the position. The Mayor shall be permitted to select from the three (3) candidates, or two (2) as the case may be, the person to be assigned to the position; provided, that prior to such selection, the Fire Chief and the Mayor shall meet to discuss the candidates. The person selected by the Mayor shall be the person assigned to the position. H. Modification in Level of Service or Funding. From time to time, due to economic circumstances, the City may be required to modify levels of service or funding in the City. These modifications may be made necessary by reductions in available City funds, or increases in activity in the services performed pursuant to Exhibits B, C, and D. In the event the City, for any reason, determines that it is in the interest of the City to modify the level of service with regards to the services provided in Exhibits B, C, and D, the City may, at its sole option and with thirty (30) days' advance written notice to the RFA, modify the funding provided to the RFA for the services provided in Exhibits B, C, and D. Any modification in funding shall be preceded by an agreement relating to any modifications to the levels of service that will accompany the modification of funding. The following information reflects the workload and revenue activity in the Fire Prevention Division which shall serve the purpose of facilitating discussions regarding modifications in the levels of service or funding for the Fire Prevention Division: INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 5 of 15 1. Code Enforcement Unit. In 2010, the Code Enforcement unit brought in $150,792 in Revenue. In addition, over a three (3) year period, the Code Enforcement unit: a. Had three (3) full-time employees, and b. Engaged in 968 activities per year, per full-time employee. 2. Development Services Unit. In 2010, the Development Services Unit brought in $347,651 in revenue. In addition, over a six (6) year period, the Development Services Unit: a. Had three and one-half (3.5) employees, and b. Engaged in 1,857 activities per year, per full-time employee. It is not the intent of this subsection to permit the City to replace RFA personnel with City personnel or third-party personnel. The City's replacement of RFA personnel with City or third-party personnel may be considered a termination of service subject to the requirements of Section XVI of this Agreement. IX. SERVICES PERFORMED BY THE CITY FOR THE RFA The City agrees to perform the following services for the RFA, the payment of which will be provided for in accordance with Sections XII and XIII of this Agreement: Exhibit No.: Title of Exhibit: F. Information Technology, Telephone, and Information Management Services; G. Facilities Maintenance Services H. Medical Benefits, Wellness, and Employee Assistance Program Services; I. Access to Commute Trip Reduction Program; J. Access to Flexible 125 Spending Account; and K. Civil Service Examiner Services. The manner in which those services will be provided is detailed in Exhibits F to K of this Agreement. X. RECORDS TRANSFER AND REQUESTS FOR RECORDS Except as provided elsewhere in this Agreement, the City and the RFA anticipate the transfer of records as provided in Exhibit A from City custody to RFA custody. Exhibit A shall govern the retention and disclosure of any records of one party held by the other. XI. ASSET TRANSFER A. Real Property. The real property associated with City fire services has been sold or leased to the RFA in accordance with Section 7 of the Regional Fire Authority Plan. Responsibilities relating to the maintenance and upkeep of the INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 6 of 15 properties leased by the RFA are specified in the leases between the City and the RFA. B. Vehicles, Equipment, and Other Personal Property. All vehicles, equipment, and other personal property listed in Appendix D of the Regional Fire Authority Plan have been transferred in accordance with Section 7 of the Regional Fire Authority Plan; provided, that Information Technology equipment listed in the Appendices shall not be transferred to the RFA; and provided further that in the event any Exhibit provides for something other than a transfer, such Exhibit shall control. Upon transfer of vehicles, equipment, and property that must by law be registered, the RFA shall take all necessary steps to transfer title to the RFA and register the vehicles, equipment and property in the name of the RFA within the time requirements of state law. All vehicles, equipment, and property are being transferred "as-is, where is, without warranties, express or implied," and the RFA shall defend, indemnify, and hold the City harmless from any and all injuries or damages to persons or property that may be occasioned in any manner whatsoever by the vehicles and equipment, whether those damages or injuries are suffered by agents, employees, officials, or assigns of the RFA or by third-parties. C. City of Kent Project Accounts and Reserve Cash Funds. The City Project Accounts and reserve Cash Funds identified in Appendix D of the Regional Fire Authority Plan were transferred in accordance with Section 7 of the Fire Authority Plan. D. Other Assets. It is anticipated that some assets relating to the provision of fire services may not have transferred pursuant to the Regional Fire Authority Plan. Any assets not contained within the Regional Fire Authority Plan shall be transferred only by a separately negotiated written agreement between the City and the RFA. XII. FIRE BENEFIT CHARGE EXEMPTION Pursuant to RCW 52.26.190 as now adopted or hereafter amended or recodified, all real and personal property of the City, now owned by the City or which becomes owned at a future date, shall be exempt from any fire benefit charges or service benefit charges imposed by the RFA in partial consideration for the services provided by the City to the RFA pursuant to this Agreement. XIII. PAYMENT A. Payment. Payment for the services provided by the City to the RFA, and for the services provided for by the RFA to the City, is set forth in Exhibits B through L of this Agreement. Payment shall be calculated either on a pre- established, per-year cost of service basis, on an hourly basis, or, in the case of units provided, on a cost per-unit basis. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 7 of 15 Payment for the services set forth in Exhibits B through L shall be made in accordance with this Section XIII. B. Time for Payment. Unless as otherwise provided in Exhibits B through K, payments shall be made as follows: 1. Payments Dependent on Pre-Established Per-Year Cost. In the case of any costs of services that are established on a per-year basis, such costs shall be divided into twenty-four (24) equal payments paid on the 15th day of each month and the last day of each month; provided, for the remainder of the year 2010, such costs shall be divided into twelve (12) equal payments, payable on the 15th day of each month and the last day of each month. 2. Payments Dependent on Hours Worked. In the case of payments which are based upon the number of hours worked, the party providing the service shall, by the 15th day of each month, submit an invoice for the hours worked in the previous month. For example, an invoice submitted by December 15th would cover the hours worked during November. Payment of the invoiced amount shall be due no later than thirty (30) calendar days from the date of the invoice. 3. Payments Made on Cost Per Unit Basis. In the case of payments which are based upon the number of units purchased, such as replacement parts, the party providing the units shall, by the 15th day of each month, submit an invoice for the units provided to the other party in the previous month. For example, an invoice submitted by December 15th would cover the telephones purchased during the month of November. Payment of the invoiced amount shall be due no later than thirty (30) calendar days from the date of the invoice. C. Failure to Submit Invoice. The failure of one party to submit an invoice for services to the other party within the timeframes provided in this Agreement shall not result in a waiver of the requirement of the other party to pay for those services; provided that the failure of a party to invoice the other party for a period in excess of thirteen (13) months from the date the services were rendered shall result in a complete waiver and release from any obligation to pay for that service, unless otherwise agreed to by the parties. D. Disputed Amounts. In the event that there is a dispute regarding the amount of money owed by a party, any undisputed amounts shall remain due and payable in accordance with the payment dates and terms established in subsection XIII(B) above. As to any remaining disputed amount, the Committee shall make every effort to resolve that dispute. In the event that the Committee is unable to resolve the dispute, the only means of resolving that dispute will be by the dispute resolution process provided in Section XXII(B). INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 8 of 15 E. Reconciliation of Amount Due After Termination. Within thirty (30) calendar days of the effective date of this Agreement's termination, the parties shall submit to each other a final invoice consistent with the methods of invoicing required above. Final payment and settlement of accounts shall occur within ninety (90) calendar days of the effective date of termination of the Agreement. Any disputed amounts will be resolved in accordance with the procedures in Section XIII(D) above. XIV. ADMINISTRATIVE COMMITTEE TO ADMINISTER AGREEMENT To carry out the purposes of this Agreement, a two-person committee is hereby created to administer this Agreement ("Committee"). The Committee shall consist of the Mayor of the City of Kent and the Fire Chief, or their designees. The Committee shall meet no less than one (1) time per year to discuss the performance of the obligations of the City and the RFA pursuant to this Agreement; provided that either member of the Committee may call additional meetings as deemed appropriate. The Committee may, at its discretion and by mutual agreement of the parties, amend the Exhibits to this Agreement and may, at the Committee's option, develop bylaws, policies, and procedures to aid in the implementation of this Agreement. Unless otherwise specified in this Agreement, all decisions of the Committee must be unanimous. In the event of a dispute of the Committee, such dispute shall be handled in accordance with Section XXII(B) of this Agreement. XV. DURATION OF AGREEMENT This Agreement shall become effective on July 1, 2010. Should this Agreement be ratified by the governing bodies of the City and the RFA after July 1, 2010, this Agreement shall be effective retroactively as of July 1, 2010, and all acts consistent with this Agreement shall be deemed ratified by the City and the RFA. This Agreement shall remain in full force and effect until terminated as provided for in Section XVI. XVI. TERMINATION A. Restriction on Termination. Unless otherwise specifically provided in this Agreement or the Exhibits, this Agreement shall not be terminated prior to January 1, 2013, unless such termination is mutually agreed to by the parties. Pursuant to subsection B of this section, notice of a termination that is to occur on January 1, 2013, shall be provided no later than January 1, 2012. B. Termination by Notice. Except as limited by subsection A of this section, this Agreement, in whole or in part, may be terminated by either party upon providing the other party with 365 days' advance written notice of termination; provided that modifications in levels of service that do not involve a wholesale termination of a particular service shall be governed by Section VIII(H) of this Agreement, and provided further that in the event any of the attached Exhibits INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 9 of 15 specify a different termination period, the period set forth in the Exhibit shall control over this subsection. C. Termination by Mutual Written Agreement. All or any part of the services provided by this Agreement may be terminated at any time by mutual written agreement of the parties. D. Termination for Breach. Either party may terminate this Agreement with thirty (30) days' advance written notice upon the failure of the other party to make timely payments or provide services as required by this Agreement. Failure to make timely payments or to provide the services required in this Agreement shall constitute a breach. In the event of a breach, the non-breaching party shall provide a written notice describing the breach to the breaching party, and the breaching party will have thirty (30) calendar days to cure the breach, unless that time period is extended by mutual agreement of the parties. If the breaching party fails to cure the breach in the allotted time, the non-breaching party may immediately terminate this Agreement. XVII. INDEMNIFICATION AND HOLD HARMLESS. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers, while acting within the scope of the duties required by this Agreement. Each party shall be responsible for its own legal costs and attorneys' fees. This provision shall survive the expiration of this Agreement. This provision shall also survive and remain in effect in the event that a court or other entity with jurisdiction determines that this Agreement is not enforceable. It is further specifically and expressly understood that the indemnification provided herein constitutes each party's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. XVIII. WORKERS COMPENSATION TO BE PROVIDED BY RFA As of July 1, 2010, employees of the RFA will no longer be covered under the City's workers' compensation program which is established pursuant to Title 51 RCW. XVIX. UNEMPLOYMENT INSURANCE TO BE PROVIDED BY THE RFA. As of July 1, 2010, the employees of the RFA will no longer be part of the City's unemployment self-insurance program. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 10 of 15 XX. LIABILITY INSURANCE. Effective no later than July 1, 2010, each party shall carry and maintain, for the duration of this Agreement, insurance coverage as described below. Coverages shall be written with an insurance carrier admitted in the state of Washington. General and Automobile Liability Insurance: Coverage for damages caused resulting in personal injury, property damage or advertising liability shall be provided. Coverage shall be in an amount not less than $5 Million per Occurrence. The insurance policies of each party shall name the other party and its officials, officers, employees, and volunteers, who are acting within the scope of this Agreement as additional named insureds for any and all actions taken by each party, its officials, officers, employees, and volunteers in the scope of their duties pursuant to this Agreement. The insurance policy or policies shall have a thirty (30) calendar days prior notice of cancellation clause to be given to the other party, in writing, in the event of termination or material modification of the insurance coverage. The insurance shall be written on an 'occurrence" basis, rather than a "claims-made" basis. In the alternative, each party may satisfy the requirements of this section by becoming or remaining a participant in an authorized self- insurance pool in the State of Washington if that party can demonstrate protection equal to or greater than that specified herein. XXI. PROPERTY INSURANCE The City will continue to insure all buildings and equipment detailed below through December 31, 2010. The City will ensure the RFA is listed as an Additional Named Insured on the City's property insurance policy with regard to the property and equipment detailed below. Effective January 1, 2011, the RFA will be responsible for insuring all property and equipment detailed below, with the exception of the Fire Station 74/Police Fire Training Center Building, which will be insured by the City through its property insurance program. The RFA will provide evidence of insurance for the specified property by January 1, 2011. A. Property. ESTIMATED ESTIMATED CONST. BUILDING CONTENTS REPLCMNT sq. VALUE LOCATION NAME ADDRESS COST FOOTAGE FIRE STATION #71 504 W.CROW $1,068,539 10,180 $161,191 FIRE STATION #72 25630 - 140th SE $504,134 7,779 $72,445 FIRE STATION #73 26512 MILITARY RD $1,668,096 13,000 $138,128 AUXILIARY BLDG #1 $54,843 $630,873 AUXILIARY BLDG #2 $86,594 $0 INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 11 of 15 FIRE STATION #74(FIRE HEADQUARTERS) 24523- 116TH AVE SE $2,677,228 29,554 $483,447 MODULAR BLDG $55,000 1,056 $60,000 STORAGE BLDG #1 $5,000 224 $60,000 STORAGE BLDG #2 $5,000 160 $20,000 FIRE STATION #75 15635-SE 272nd $2,075,900 14,000 $362,224 FIRE STATION #76 (N. INDUSTRIAL STN.) 20676-72nd St.S. $1,192,239 10,621 $345,320 VEHICLE APPARATUS MAINTENANCE BLDG $867,568 12,705 FIRE STATION #77 20717 132ND Ave SE $2,981,125 13,500 $362,224 17820-SE 256th St. FIRE STATION #78 Covington $5,200,000 ESTIMATED ESTIMATED CONST. BUILDING CONTENTS REPLCMNT sq. VALUE LOCATION NAME ADDRESS COST FOOTAGE FIRE/ POLICE TRAINING CENTER 24611 - 116th AVE SE DRILL TOWER $184,264 STORAGE BUILDING 407 Washington Ave. N. $262,406 TOTAL FIRE: STRUCTURE VALUES: $18,887,935 $2,695,852 B. Equipment. ESTIMATED APP# YEAR MAKE/MODEL SERIAL LIC# CURRENT VALUE 700 1993 CHEV SUBURBAN 71578 24402C $5,000 713 2007 PIERCE QUANTUM TILLER 06814 42040D $949,000 705 2007 MedTec Aid Car 440OLP 86498 42045D $229,000 701 1999 FREIGHTLINER 78436 27296D $140,000 702 2003 ROAD RESCUE H555076 35741D $160,000 703 2003 ROAD RESCUE H555077 36130D $160,000 707 2003 FORD PICKUP 91395 65506C $30,797 709 2003 FORD EXPEDITION 14452 65754C $27,532 704 2005 MEDTEC AID CAR AD170 11388 40926D $173,393 1985 FORD 1 TON PICK-UP 32854 D34130 $5,000 706 2001 PIERCE ENGINE/AID 001533 34193D $350,000 708 2001 PIERCE ENGINE/AID 001534 34194D $350,000 710 2004 PIERCE PUMPER 04034 38291D $455,727 712 2005 PIERCE PUMPER 04696 4696 $463,250 714 1986 PIERCE TANKER 040163 23852D $100,000 715 1996 SMEAL LADDER TRUCK Z18328 238460 $350,000 724 1998 FORD EXPEDITION 44365 25143D $20,000 727 1989 PIERCE ENGINE/AID CAR 040772 05741D $80,000 728 1989 PIERCE ENGINE/AID CAR 040785 05742D $80,000 730 1989 PIERCE ENGINE/AID CAR 040808 23877D $80,000 731 1989 PIERCE ENGINE/AID CAR 040809 08874C $80,000 732 1989 PIERCE ENGINE/AID CAR 040810 08875C $80,000 INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 12 of 15 733 1983 PORTABLE GENERATOR 9311XM D23270 $5,000 744 1990 BOUNDER BY FLEETWOOD 00215 08749D $150,000 754 1991 EZ LOAD TRAILER 13568 16010C $5,000 756 TORK-LIFT FOAM TRAILER 01638 08790D $1,500 760 1990 HACKNEY ISUZU 00640 10781D $100,000 764 1995 FORD F350 4 X 4 66302 20618D $20,000 711 2006 DODGE RAM 44771 42600D $32,675 765 2000 INTERSTATE CARGO TRLR 09246 56348C $5,000 766 2001 PIERCE ENGINE/AID 001535 34195D $350,000 767 2001 PIERCE ENGINE/AID 001561 58382C $350,000 ESTIMATED APP# YEAR MAKE/MODEL SERIAL LIC# CURRENT VALUE 726 2007 TRAIL BLAZER(WMD) 412122 42041D 729 2006 TOP HAT TRAILER 276TO71417 735 WOOLDBRIDGE 20'ALASKAN II-BOAT WLG20153HS09 Total of Vehicles/Equipment $5,387,874 XXII. MISCELLANEOUS A. Non-Waiver of Breach. The failure of either party 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. B. 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 or the Committee 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 arising from the parties' performance of this Agreement, each party shall pay all its own legal costs and attorneys' fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the parties' right to indemnification under this Agreement. C. Assignment. Any assignment of this Agreement by either party without the prior 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. D. 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 INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 13 of 15 authorized representative of each party and subject to ratification by the legislative body of each party. E. Compliance with Laws. Each party agrees to comply with all local, federal, and state laws, rules, and regulations that are now effective or in the future become applicable to this Agreement. F. Entire Agreement. The written terms and provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior communications, negotiations, representations or agreements, either verbal or written of any officer or other representative of each party, 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 Exhibits are hereby made part of this Agreement. G. Severability. If any section of this Agreement is adjudicated to be invalid, such action shall not affect the validity of any section not so adjudicated. H. Interpretation. The legal presumption that an ambiguous term of this Agreement should be interpreted against the party who prepared the Agreement shall not apply. I. 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 upon personal service or 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. J. 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. K. Calendar Days. The word "days" as used in this Agreement shall mean calendar days unless the context otherwise specifically provides that business days are intended. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 14 of 15 RFA: CITY: Kent Fire Department City of Kent: Regional Fire Authority: By: By: Print Name: Print Name: Suzette Cooke Its Its Mayor DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Fire Chief Mayor Kent Fire Department Regional Fire City of Kent Authority 220 Fourth Avenue South 24611 116th Ave SE Kent, WA 98032 Kent, WA 98030 (253) 856-5700 (telephone) (253) 856-4311 (telephone) (253) 856-6700 (facsimile) (253) 856-6300 (facsimile) APPROVED AS TO FORM: APPROVED AS TO FORM: Brian Snure, Arthur "Pat' Fitzpatrick, Attorney for RFA Deputy City Attorney P:\Civil\Files\Open Files\1421-Regional Fire Authority\AMENDED.RFAInterlocalAgreemen.010411.docx INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY - Page 15 of 15 Z KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: March 15, 2011 SUBJECT: Guiberson Corrosion Control Facility Right of Way Dedication - Authorize MOTION: Authorize the Mayor to sign the necessary documents to dedicate a portion of City-owned property in connection with the Guiberson Corrosion Control Facility as Right-of-Way, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: As a matter of routine, Public Works reviews right-of-way needs as projects progress. Through this standard process, it was determined additional right- of-way for Kennebeck Avenue across the frontage of the Guiberson Corrosion Control Facility site is needed. The dedication of this narrow strip of City-owned land addresses this need. EXHIBITS: Public Works memo dated 2/17/11, legal description, site map and Exhibit A RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 17, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 7, 2011 From: Dave Brock, Utility Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Right of Way Dedication - Guiberson Corrosion Control Facility Item - 2 Motion: Move to recommend Council authorize the Mayor to sign the necessary documents to dedicate a portion of City-Owned property in connection with the Guiberson Corrosion Control Facility as Right-of-Way, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: Public Works reviews right-of-way needs as projects progress. Through this standard process it was determined additional right-of-way for Kennebeck Avenue across the frontage of the Guiberson Corrosion Control Facility site was needed. The dedication of this narrow strip of City-owned land addresses this need. Budget Impact: No Budget Impact WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: Engineering/Property Services Grantor: City of Kent Grantee: City of Kent Abbreviated Legal Description: PTN LOTS 3, 4 & 5 BLOCK 13, WASHINGTON CENTRAL IMPROVEMENTS COMPANYS KNOB HILL ADD VOL5 PAGE 97 Additional Legal Description on Exhibit A of Document. Assessor's Tax Parcel ID No. 9183701240 STR: 19-22-5 Project Name: Guiberson Corrosion Eaeility Permit No. CNST-2100139 Document Date: MUNICIPAL QUIT CLAIM DEED (Corporate) THE GRANTOR, the CITY OF KENT, a municipal corporation, for ROAD WIDENING conveys and quit claims to the City of Kent the described real estate in Exhibit A, situated in the County of KING, State of Washington including any after acquired title. Grantor: City of Kent Mayor Page L. of STATE OF WASHINGTON ) )SS COUNTY OF KING ) On this day of 20 , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the Mayor of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, and for the uses and purposes therein mentioned, and on oath stated that is authorized to execute the said instrument and that the seal affixed is the corporate seal of said municipality. WITNESS my hand and official seal hereto affixed the day and year first above written. Print Name: Notary Public in and for the State of Washington, residing at My Commission Expires Page 2 of I T TTITERTOT TT --- -- ---j----- 5.OD' S89-D8'58^E ' '., ! 0 J o G o � z ,µ \ O 30' 589'C8'58'"E 97.97' -- 12.00' AREA TO BE DEDICATED FOR R/W A?PROX, 690.42 SQUARE FEET R/W DEDICATION ?:\Sun ey\Profec \1G 3G2M1 Guloerson Resv '^'^en xaro, 't.., REr \m.g\vs Emt:;.a„a CITY OF KENT SALE- - z30' Exdisrr - - ENGINEERING bEPARTMENT 2011 A j I I EXHIBIT A RIGHT OF WAY DEDICATION THAT PORTION OF LOTS 3 THROUGH 5, INCLUSIVE, BLOCK 13, WASHINGTON CENTRAL IMPROVEMENT COMPANIES KNOB HILL ADDITION TO KEN T, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 97, AS RECORDED IN KING COUNTY, SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3: THENCE S0-50'58"W, ALONG THE EAST LINE OF SAID LOTS 3 THROUGH 5 AND THE WEST MARGIN OF KENNEBECK AVENUE SOUTH A DISTANCE OF 89.96 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE N89°08'58"W, ALONG THE SOUTH LINE OF LOT 5, A DISTANCE OF 12.00 FEET; THENCE N10°44'00"E 40,78 FEET; THENCE NO°50'58"E 49.79 FEET TO THE NORTH LINE OF SAID LOT 3; THENCE S89008'58"E, ALONG SAID NORTH LINE, 5.00 FEET TO THE POINT OF BEGINNING. I- i ZL LAl�� 4C9Wlp� I i I I LI i Z KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: March 15, 2011 SUBJECT: Guiberson Corrosion Control Facility Puget Sound Energy Easement - Authorize MOTION: Authorize the Mayor to sign all necessary documents to grant Puget Sound Energy an easement across a portion of City-owned property in connection with the Guiberson Corrosion Control Facility, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City is in process of constructing improvements to the Guiberson Corrosion Control Facility located in the Scenic Hill neighborhood. It will be necessary for Puget Sound Energy have an easement across this portion of the property, upon which they will install new equipment to provide electrical service to the facility. EXHIBITS: Public Works memo dated 2/17/11, easement, site map, and Exhibit A RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 17, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 7, 2011 From: Dave Brock, Utility Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Puget Sound Energy/Easement - Guiberson Corrosion Control Facility Item - 3 Motion: Move to recommend Council authorize the Mayor to execute the necessary documents to grant Puget Sound Energy an easement across a portion of City-Owned property in connection with the Guiberson Corrosion Control Facility, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. Summary: The City is in process of constructing improvements to the Guiberson Corrosion Control Facility located in the Scenic Hill portion of the City. As part of these improvements it will be necessary for Puget Sound Energy to install new equipment to provide electrical service to the facility. Puget Sound Energy will need to have an easement across the portion of the property upon which these electrical facilities will be installed. Budget Impact: No Budget Impact. RETURN ADDRESS: Puget Sound Energy,Inc. ',, Attn: RIW Department(Z.Bergman) _ PO Box 908681 EST-06W Bellevue,WA 98009 EASEMENT REFERENCE 4: GRANTOR: City of Kent GRANTEE: PUGET SOUND ENERGY,INC. SHORT LEGAL: Lots 3 through 5,Block 1,Sk 5,Pg 97,KC,WA ASSESSOR'S PROPERTY TAX PARCEL: 918370-1240 For and inconsideration of One Dollar($1,00)and other valuable consideration in hand paid, City of Kent a Municipal Corporation of Washington State ("Grantor"herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC.,a Washington Corporation ("Grantee" herein),for the purposes hereinafter set forth, a nonexclusive perpetual easement over,under, along, across,and through the following described real property("Property'herein)in King County,Washington: LOTS 3 THROUGH 5, BLOCK 13, OF THE WASHINGTON CENTRAL IMPROVEMENT COMPANY'S KNOB HILL ADDITION TO KENT,AS RECORDED IN BOOK 5,PAGE 97,UNDER KING COUNTY RECORDING NUMBER 1890052655170; SITUATE IN THE CITY OF KENT,COUNTY OF KING,STATE OF WASHINGTON. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area"herein)described as follows: SEE EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. 1. Purpose. Grantee shall have the right to use.the Easement Area to construct,operate, maintain,repair, replace,Improve,remove,and enlarge one or more utility systems for purposes of transmission,distribution and sale of electricity. Such systems may Include,but are not limited to: Underground facilities, Conduits, lines, cables,vaults,switches and transformers for electricity, Ili fiber optic cable and other lines, cables and facilities for communications;semi-buried or ground- ' - mounted facilities and pads,manholes,meters,futures,attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the Initial construction of all or a portion of its systems, Grantee may,from time to time, construct such additional facilities sell:may require for such systems. Grantee shall have the right of access to the Easement '. Area over and across the Property to enable Grantee to exercise Its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut,remove and dispose of any and all brush,trees or other vegetation in the Easement Area. Grantee shall also have the right to control,on a continuing basis and by any prudent and reasonable means,the establishment and growth of brush,trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the night to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's priorwrilten consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence In the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment, The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five(5)successive years,In which event,this easement shall terminate and all rights hereunder,and any improvements remaining in the Easement Area,shall revert to or otherwise became the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to Initially install its systems on the Easement Area within any period of time from the date hereof. City of Kent 105061324/075598 Page t of 2 6. Successors and Assigns. Grantee shall have the right to assign,apportion or otherwise transfer any or all of its rights,benefits,privileges and Interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall Inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of .2011. !.. GRANTOR: ".. City of Kent,a Municipal Corporation of Washington State - BY: ITS: Capacity STATE OF WASHINGTON ) )so COUNTY OF On this day of ,2011,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the person(s) who signed as of City of Kent, a Municipal Corporation of Washington State,the corporation that executed the within and foregoing instrument, and acknowledged said Instrument to be HIS 1 HER free and voluntary act and deed and the free and voluntary act and dead of City of Kent forthe uses and purposes therein mentioned;and on oath stated that HE!SHE was authorized to execute the said Instrument on behalf of said City of Kent. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington,residing at My Appointment Expires: A.e.1a.nT-a .min om e.m.=mwa„rm,m� III City of Kent 1050613241075598 Page 2 of 2 I I I R UU 3FRSON Si- -------------� I - - - - -x, - ti� US89'OS758"E 109.97' 704.97' Y / 35' .77 W^^ LL J w z C, 0 ZAl I 0 POE o I 5' t PSE EASEMENT 5' ". S89'08'58"E 97.97' 42 i I I PSE EASEMENT O T P:\SiNey\Pro,—is\IO-3024 Gulberson Resv \d,\PSE Exmsa.a„g CITY OF KENT SCALE t"mti ex,-,�elr FE. ENGINEERING- DEPARTMENT DATE 212011 A I EXHIBIT A PSE EASEMENT THAT PORTION OF LOTS 3 THROUGH 5, INCLUSIVE, BLOCK 13, WASHINGTON CENTRAL IMPROVEMENT COMPANIES KNOB HILL ADDITION TO KENT. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 97, AS RECORDED IN KING COUNTY, SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: I COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3: THENCE SO°50'58"E, ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 104.97 FEET; THENCE SO`50'58"W 49.79 FEET; THENCE S10'44'00"W 27.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE N89°08'58"W 5.87 FEET; THENCE S0050'58"W 5.00 FEET; THENCE S89°08'58"E 5.00 FEET; THENCE N10°44'00'E 5.08 FEET TO THE POINT OF BEGINNING. .�Fri3715 �e Fv o y 3� IIi it Z KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: March 15, 2011 SUBJECT: Green River Flood Protection Engineering Services Contract - Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with Noel, Inc. for Engineering Services related to Green River Levee Certification and related work in an amount not to exceed $22,100, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Flood Protection and habitat restoration projects along the Green River require close coordination with federal agencies, including the US Army Corps of Engineers (Corps). Noel Gilbrough has over 35 years of service with the Army Corps of Engineers and will be able to provide the City guidance and consultation on the Corps' processes. EXHIBITS: Public Works memo dated 2/28/11, and Consultant Services Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: No Impact. Funds for this contract have been budgeted through the drainage utility. PUBLIC WORKS DEPARTMENT Timothy J LaPorte P.E., Public Works Director Phone: 253-856-5500 T Fax: 253-856-6500 .... Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 28, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 7, 2011 From: Mike Mactutis, P.E., Environmental Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Contract with Noel, Inc. — Green River Levee Certification Engineering Services Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Consultant Services Agreement with Noel, Inc. for Engineering Services related to Green River Levee Certification and related work in an amount not to exceed $22,100 subject to terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The City of Kent is working on a number of projects along the Green River which involve flood protection and ecosystem restoration with a goal of getting the levees certified. Flood protection and habitat restoration projects along the Green River require close coordination with federal agencies, including the US Army Corps of Engineers (Corps). To navigate the Corps' process, guidance and experience from former Corps staff has been and is invaluable to the City of Kent. The Consultant Contract with Noel, Inc for Engineering and Environmental Services will provide this service. With over 35 years of service with the Army Corps of Engineers, Noel Gilbrough will provide the City guidance and consultation on the Corps' processes, for the City's flood protection and ecosystem restoration projects. Budget Impact: No Impact. Funds for this contract have been budgeted through the drainage utility. "I CONSULTANT VICES AGREEMENT between the City of Kent and Noel Inca THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Noel Inc. organized under the laws of the State of Washington, located and doing business at 7359 23rd Ave. NW, Seattle, WA 98117, Phone: (206) 973-6635. Contact: Noel Gilbrough (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: The Consultant shall provide professional engineering and environmental services for the Green River Levee Flood Control Projects, Emergency Flood Fight, and Ecosystem Restoration Projects. For a description, see the Consultant's Scope of Work which is attached as Exhibit A and incorporated by this reference. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by December 31, 2011. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Twenty Two Thousand, One Hundred Dollars ($22,100.00) 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 CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement, CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Noel Gilbrough Timothy J. LaPorte, P.E. Noel Inc. City of Kent 7359 23rd Ave. NW 220 Fourth Avenue South Seattle, WA 98117 Kent, WA 98032 (206) 784-1894 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVE® AS TO FORM: Kent Law Department Noel Inc-Haod&Ecosystem Restoraki ,IHallo<k CONSULTANT SERVICES AGREEMENT - 5 (Over$10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 . By: For: Title: Date: 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 20 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT!A SCOPE OF WORK FOR PROFESSIONAL ENGINEERING AND ENVIRONMENTAL SERVICES FLOOD CONTROL PROJECTS • Assist the City in all actions leading up to Full FEMA Certification of the City's Levees • Assist the City in the development of Levee Vegetation Variances • Provide river levee consultation to city staff on the city's Green River Levee projects including: Horseshoe Bend, Foster Park, Hawley Road, SR516 to S 2315t Way, Russell Road Lower/Lowest, Boeing, and Briscoe/Desimone. • Engage in meetings and conference calls to help resolve planning and design issues • Provide guidance on Corps contacts and processes relating to levee designs and permitting • Work with City on issues dealing with repair of the Howard Hanson Dam • Prepare follow-up correspondence which documents recommendations and findings EMERGENCY FLOOD FIGHT • Provide consultation to city staff to discuss the city's planning and response to emergency flood fighting for the Green River. This work includes consultation for: o During flood events work as a technical advisor to the City and assist with its coordination with King County and Corps of Engineers o Flood containment and protection for levees, and o Repair and reconstruction of damaged levees • Provide guidance on Corps contacts for services relating to flood fights • Provide guidance on Corps contacts and federal processes relating to funding • Prepare follow-up correspondence which documents recommendation and findings ECOSYSTEM RESTORATION PROJECTS • Provide river and levee restoration consultation to city staff on the city's USACE Green- Duwamish River Ecosystem Restoration Projects. These restoration projects include: o Lake Meridian Outlet o Riverview Park Channel, '.... o Russell Road Upper Levee, o Russell Road Lower Levee, o Russell Road Lowest Levee, o Boeing Levee • Provide river and levee restoration consultation on the city's Green River restoration projects including: o Downey Farmstead Channel o Leber/Mill Creek Auburn Back Channel - -- ---- • Engage in meetings and conference calls to help resolve planning and design issues • Provide guidance on Corps and Federal processes relating to project funding and permitting • Prepare follow-up correspondence which documents recommendations and findings Contact Information: Noel Gilbrough, PE 7359 23rd Ave NW Seattle WA 98117 206-784-1894 gilbrough@comcast.net w ti w u � x n w N O W ~ < 0 p Z O O O O O O O O °p O d O N p M N N O � ry u x a\n w J W QW W W O � r CID z w � rC S w ' J N Q r � A A x O O o o � y O �, y a w c5 ,10 an o '> C 'i Q O C O A m J r a K A N O LL o z w ro N a u O O w (� u O ' �^ p O @ a Z ti u O o U C7 E m > m u ¢ o m c o c a s FD oJ O O O m N 0 Z H V Z h n N EXHIBIT INSURANCE REQUIREMENTS FOR CONSULTANT /ICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A,M. Best rating of not less than AXII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. Z KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: March 15, 2011 SUBJECT: Panther Lake Elementary School Sewer Latecomers Agreement - Authorize MOTION: Authorize the Mayor to sign the Sewer Latecomers Agreement with the Kent School District for the Panther Lake Elementary School sewer extension, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Kent School District opened the new Panther Lake Elementary School in September 2009 on S 216th Street. The City required the District to connect to the nearest sewer line. The cost of the new sewer main was $433,581.97 and was part of the total cost to construct the school. The sewer main is now owned by the City; the attached Latecomer Agreement would allow the School District to recuperate up to $274,752.88 of the original cost to construct the new line. Reimbursement would come from fees charged to neighboring property owners who connect to the new line over the next 20 years. EXHIBITS: Public Works memo dated 2/28/11, Sewer Latecomer Agreement, and Exhibits A, B, C and D RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: February 28, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 7, 2011 From: Chad Bieren, P.E. City Engineer Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Sewer Latecomer Agreement/Panther Lake Elementary School Item - 5 Motion: Move to recommend Council authorize the Public Works Director to sign the Sewer Latecomer Agreement with the Kent School District for the Panther Lake Elementary School sewer extension, subject to terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The Kent School District opened the new Panther Lake Elementary School in September 2009 on S. 216th Street. The City required the District to connect the new school to the nearest sewer line, which is located on 98th Avenue S - roughly 1,700 feet away. The cost of the new sewer main was $433,581.97 and was part of the total cost to construct the school. The sewer main is now owned by the City; however, the attached Latecomer Agreement would allow the School District to recuperate up to $274,752.88 of the original cost to construct the new line. Reimbursement would come from fees charged to neighboring property owners that make connections to the new sewer line over the next 20 years. Budget Impact: None AFTER RECORDING RETURN TO: Engineering/Property Services City of Kent 220 Fourth Avenue South Kent, Washington 98032 Grantor. Kent School District #415 Grantee: City of Kent Abbreviated Legal Description: Portions of W 1/2 of Section 8 and E 1/2 of Section 7, Township 22 North, Range 5 East, W.M. Additional Legal Description: N/A Assessor Parcel No. 08222059031 STR: SE 2161" Avenue Project Name/File: Panther Lake Sewer Extension Project File No.158 SEWER LATECOMER AGREEMENT This Agreement made this day of 2011, between the City of Kent, a Municipal Corporation, hereafter called the "City", and Kent School District #415 hereafter called the "Owner". WHEREAS Owner has constructed at its expense asanitary sewer line, hereafter called "improvements", and; WHEREAS the parties desire to provide that any party thereafter tapping, connecting, or benefiting from said improvements will pay a pro-rata cost of said line in accordance with Chapter 35.91 of the revised Code of Washington and the terms thereof. DO NOT CALL CITY STAFF TO VERIFY THE CONNECTION AMOUNT TO CLEAR EXCEPTIONS. Refer to Exhibit "C" by tax parcel number to determine the associated sewer connection charge pursuant to RCW 35.92.025, This notice DOES NOT constitute a lien on the properties described herein and is collectable only when an application is made to connect or tap into the line herein described. TO MAKE A PAYMENT SEE EXHIBIT "A" Panther Lake Sewer Extension Project File No, 158 RECC 2080287 Page 1 of 9 NOW, THEREFORE, it consideration of the mutual covenants herein contained, the parties agree as follows: 1. The Owner has constructed 1654 LF of 8" PVC sanitary sewer line and 9 sanitary sewer manholesfor a total cost of $433,581.97. 2. The Owner does grant and convey the above described improvements to the City free of any liens or encumbrances and the City hereby approves and accepts said improvements which approval and acceptance was authorized by motion duly seconded and passed at a regular City Council meeting on the day of 2011. 3. The above referenced improvements constructed by the Owner is a special benefit to the following described property in King County, Washington. For Latecomer Area Map see Exhibit "B". For Latecomer Zone Map see Exhibit "ID". 4. The Owner constructed the above referenced improvements for a total cost of $433,581.97 of which a portion of this cost shall be distributed to the above described properties. 5. In accordance with Chapter 35.91 of the revised Code of Washington, any party other than the Owner tapping or connecting to said improvements will be required to pay the Owner on the following basis: See Exhibit "C". 6. The City agrees to bear all further costs of maintaining and operating the above referenced improvements. 7. After acceptance of said improvements by the City and after the expiration of any period during which said improvements are warranted as to workmanship by the Owner the City shall thereafter be responsible for any and all maintenance and operation costs of said improvements. Said improvements shall be adopted as a facility of the City and the City may charge such rates as it may be authorized by law to establish. 8. The contract will be effective fortwenty years from the date hereof, and if any owners of any properties described in Paragraph 3 above desire to tap into the improvements, the City will require that payment on behalf of the Owner be made in accordance with Section 5 above, prior to any such tap being made. Panther Lake Sewer Extension Project File No, 158 RECC 2080287 Page 2 of 9 9. In accordance with RCW 35.91.020(3), during the term of this Agreement, the Owner will submit a written notice to the City every two years on the anniversary date of the contract, which includes the then current name, address and telephone number of the person, company or partnership that originally executed the Agreement. 10. Assignment of amounts collected on Owner's behalf maV not be assigned without the express permission of City, such permission not to be unreasonably withheld. Requests for permission to assign shall be on city forms. Authorization for this Agreement approved by City Council on the day of 2011. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the day and year first above written. Panther Lake Sewer Extension Project File No. 158 RECC 2080287 Page 3 of 9 OWNER: Kent School District #415 BY: PRINT NAME: Fred A. Long ITS: Supervisor of Facility Construction MAKE CHECK PAYABLE TO: Kent School District #415 MAIL CHECK TO: Kent School District #415 Attn: Facility Construction 12033 SE 256`h Street - Bldg B Kent, WA 98030 LATECOMER NAME/NUMBER: Panther Lake Sewer Extension Project File No. 158 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of 2011, before me a Notary Public in and for the State of Washington, personally appeared Fred A. Long , to me known to be the Supervisor of Facility Construction of Kent School District #415 , a Washington corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear lithin This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Panther Lake Sewer Extension Project File No. 158 RECC 2080287 Page 4 of 9 CITY OF KENT BY: PRINT NAME: Timothy J. Laporte ITS: Director of Public Works On this day of 2011 before me a Notary Public in and for the State of Washington, personally appeared Timothy J. Laporte, to me known to be the Director of Public Works of the City of Kent , a Washington corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within nts Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Panther Lake Sewer Extension Project File No. 158 RECC 2080287 Page 5 of 9 EXHIBIT" "A" LAYOFF INSTRUCTIONS You must incline this exhibit with your check and the bullet items filled in to ensure a timely release of your property from this agreement • Submit your check made payable to City of Kent in person at 400 W. Gowe Street, Centennial Center - 1" Floor. Or by mail to: City of Kent Finance Customer Services 220 4t" Avenue South Kent, WA 98032 • Assessor parcel number: • Latecomer recording number: Contact: City of Kent Engineering, Property Services 253-856-5582 or email to farewell@ci.kent.wa.us Refer to File.# 158 Do not write below this line, City department use only. .m.amaa..m..m...........9..............ama.q.p..agam®a..a0m...........a.a Finance Customer Services: Process payment, send Property Services a COPY with the information filled in below. Send with register receipt, copy of check & remittance. SEWER - Item # (Account#): #1144 (4400,34700,0473) Amount paid: Date paid: Receipt #: Payor (name on check):— ...go..........M.a 0 0.a a 0......0 0 M a a.a a.0.......................o.......mom...oe Property Services: Send to Engineering Accounting Dept. with the information filled in below and copy of first 2 pages of agreement: Project: Reimbursable to: Reimbursable Address: Panther Lake Extension Project File No. 158 RECC 2080287 Page 6 of 9 S 213TH STREET S 213TH PLACE SE 213TH PLACE 5267000160 hry6�Op gR60�fl OB22059221 161� R6�\0�M1q�ti OB22059258 W 161�rf6 5 9p p1vo W p �> J1y.1�/� S� ti �p59p�ry W D822059298 a 516� t+J h160� p W OB22059031 abjlp 5261f Q< r7 z � �22059299 O ' 516j W p3 - B1�7 � h,DgO� p0,1y0pq � Oe22059282 SE 216TH STREET 8895000050 889500fg10 0822059163 0e22059088 0822059311 0822059267gp 889500W6D 40 0322059022 B895MO70 s� Ogq�V\gyp ® Be9500008D ® �Sy06a 0822D59259 8895000100 �qt pp YA 1q�105 88024OD207 F= O CY 219TH PLACE 1 300' _ n 0 TACOhiiA SEP. TTLE PANTHER LAKE SEWER EXTENSION �2215 North 30th Street,Suite 300,Tacoma,WA 98403 253.383.2422 TEL � ® 1200 Sixth Avenue,Suite 1620,SeafUe,WA 98101 206.2672425 TEL LATECOMER PANTHER LAKE SEWER EXTENSION PROJECT RLE NO. 158 RECC 2080287 SHEET 7 OF 9 EXHIBIT „C" REIMBURSEMENT METHOD Total Developer Reimbursement Cost = $ 433,581.97 Parcel No. Latecomer Fee Parcel No. Latecomer Fee 0722059052 $ 1,663,40 5267000150 $ 827.17 0722059065 $ 1,513.58 5267000160 $ 855.50 0722059072 $ 1,398.65 5267000170 $ 912.15 0722059077 $ 692.97 5267000180 $ 673.43 0722059078 $ 3,722.97 5267000190 $ 652.20 0822059014 $ 4,462.05 5267000200 $ 1,308.33 6822059022 $ 4,025.31 5267000210 $ 1,312.11 0822059023 $ 7,792.77 5267000220 $ 1,312.38 0822059031 $ 158,829.09 5267000230 $ 4,102.65 0822059088 $ 11,488.56 5267000240 $ 3,752.18 0822059163 $ 5,438.02 5267000250 $ 693.04 0822059164 $ 3,105.99 5267000260 $ 693.04 08,22059172 $ 4,672.98 8802400207 $ 18,719.52 0822059177 $ 1,216.25 8802400208 $ 415.65 0822059221 $ 1,935.38 8895000010 $ 4,271.40 0822059250 $ 5,919.11 8895000020 $ 4,034.50 0822059258 $ 2,678.92 8895000050 $ 4,378.89 0822059259 $ 90,713.07 8895000060 $ 1,481.94 0822059267 $ 8,819.44 8895000070 $ 1,395,13 0822059282 $ 4,207.17 8895000080 $ 2,535.66 082205929,8 $ 4,843.49 8895000100 $ 1,462.47 0822059299 $ 4,071.96 8895000120 $ 1,999.81 0822059311 $ 14,947.46 8895000140 $ 1,973.04 5267000090 $ 4,104.68 8895000150 $ 1,362.95 5267000100 $ 1,379.86 8895000160 $ 1,333.75 5267000110 $ 1,379.86 8895000170 $ 4,129.02 5267000120 $ 1,379.86 8895000180 $ 3,959,06 5267000130 $ 1,379.86 8895000190 $ 3,822.76 5267000140 $ 654.57 9320600620 $ 774.98 $ 433,581.97 Panther Lake Sewer Extension Project File No. 158 RECC 2080287 Page 8 of 9 S 213TH STREET S 213TH PLACE SE 213TH PLACE 91� 5267000160 \7� 1 0822059221 0 q 16 b0 � 767 h001 11111 Ofl22059258 1+yI 4b7 1C�P\q*J 1'dy�h� V 7fly.7 og9o1 W D822059298 d N �Ati p17)' N S26j W h95'� M1 W 0822059011 � 576 lloome h1b1�1\0 p111ohyeh z 0822059299 76�7j ¢ 61 'ti 1ry1phy�h �i! D622059262 i00 SE 216TH STREET 8895000050 8895000070 eT ,� OB22059163 0022059088 0812059311 0027e59267' Be9500006D .(y - Bb9`+' \ 4ryo ® 1m Ba � M® 0822059022 A895000070 PA � � \1p 8895000080 o0�p�\6F 0822059259 Qg9 8895000100 �ti1ph9\�4 i 9 �2�g00 WW No ® W2400207 N j � p S E 19TH PLACE i�=300, Ir [HD [E [U ZONE 1 ZONE 2 L 1 ZONE 3 T A C O M A - S E A T T L E PANTHER LAKE SEWER EXTENSION 2215 North 30th Street,Suite 300,Teoome,WA 98403 253.383,2422 TEL 1200 Sixth Avenue,Suite 1620,Seattle,WA 98101 206.267,2425 TEL EX® LATEJUFR ZONE MAP PANTHER LAKE SEWER EXTENSION PROJECT HLE NO, 158 RECC 2080287 SHEET 9 OF 9 Z KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: March 15, 2011 SUBJECT: Safe Routes to School, No Parking Zones on 248th, Amending Ordinance - Adopt MOTION: Adopt Ordinance No. amending section 9.38.020 of the Kent City Code, entitled "No Parking Zones," to add No Parking Zones along Southeast 248th Street and 116th Avenue South. SUMMARY: An asphalt pedestrian pathway was recently installed along these roadway segments to facilitate a safe walking route for students attending Daniel Elementary School. Motorists have begun parking on the newly paved area. The parking prohibition will insure the facility is available for the intended use by pedestrians. EXHIBITS: Public Works memo dated 3/7/11 and Ordinance RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Installations of the signs to implement the parking prohibition are incidental to the Street Maintenance operating budget. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 7, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: March 7, 2011 From: Stephen G. Mullen, P.E., Transportation Engineering Manager Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Ordinance Amendment/Safe Routes to School - No Parking Zones on 248th Street Item - 6 Motion: Move to recommend Council adopt an amending section 9.38.020 of the Kent City Code, entitled "No Parking Zones," to add No Parking Zones along Southeast 248th Street and 116th Avenue Southeast. Summary: An asphalt pedestrian pathway was recently installed along these roadway segments to facilitate a safe walking route for students attending Daniel Elementary School. Since the asphalt has been installed, motorists have begun parking on the newly paved area. The parking prohibition will insure the facility is available for the intended use by pedestrians. There are already No Parking zones along the new Horizon Elementary School Safe Walking Route. Budget Impact: Installations of the signs to implement the parking prohibition are incidental to the Street Maintenance operating budget. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.38.020 of the Kent City Code, entitled "No parking zones," to add two no parking zones along Southeast 248th Street and 116th Avenue Southeast. RECITALS A. An asphalt pedestrian pathway was recently installed along Southeast 248th Street and 116th Avenue Southeast to facilitate a safe walking route for students attending Daniel Elementary School. B. Since the installation of the asphalt pedestrian pathway, motorists have begun parking on the newly paved area. Adding two no parking zones will ensure the pathway is available for the students. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Section 9.38.020 of the Kent City Code, entitled "No parking zones" is amended as follows: 1 9.38.020 No parking zones. A. At such time as the traffic engineer shall place the appropriate sign or signs, it shall be illegal to park any motor vehicle or other vehicle, as those terms are defined in Chapter 46.04 RCW, at any time upon and on either side of, unless otherwise indicated, the following roadways or portions thereof: 1. 1st Avenue North: from the intersection of West James Street to the north end of 1st Avenue North, east side only. 2. 1st Avenue North: from West James Street to West Smith Street. 3. 2nd Avenue North: from West Smith Street to West Harrison Street. 4. 2nd Avenue North: from South 228th Street to south end of street. 5. 4th Avenue North and South: from SR 516/West Willis Street to South 228th Street. 6. 5th Avenue North: from West James Street to north end of 5th Avenue North. 7. 6th Avenue North: from South 228th Street to south end of street. 8. 6th Avenue South: from West Meeker Street to West Gowe Street. 9. 26th Avenue South: both sides from South 272nd Street to five hundred (500) feet north of South 272nd Street and on 26th Avenue South from South 272nd Street to end of 26th Avenue South, east side only. 10. 27th Avenue South: from South 240th Street to end of 27th Avenue South. 11. 27th Place South: from South 259th Place north to South 256th Street. 2 12. 28th Avenue South: from South 240th Street to end of 28th Avenue South. 13. 30th Avenue South: from South 240th Street to Kent-Des Moines Road (SR 516). 14. 36th Place South: from South 272nd Street to 35th Lane South. 15. 42nd Avenue South: from Reith Road to South 260th Street. 16. 54th Avenue South: from South 228th Street to South 226th Street. 17. 58th Place South: from Russell Road to South 194th Street. 18. 58th Place South: from South 226th Street to south end of 58th Place South. 19. 62nd Avenue South: from South 190th Street to South 196th Street. 20. 64th Avenue South: from south end of road to South 212th Street. 21. 66th Avenue South: from South 196th Street to South 190th Street. 22. 72nd/70th Avenue South: from South 228th Street to South 180th Street (43rd Avenue South). 23. 74th Avenue South: from South 259th Street to West Willis Street (SR 516). 24. 76th Avenue South: from South 228th Street to South 212th Street. 25. 77th Avenue South: from South 212th Street to north end of road. 26. 80th Avenue South: from South 180th Street (43rd Avenue South) to South 196th Street, and 80th Avenue South from South 200th Street to South 208th Street. 27. 80th Place South: from 80th Avenue South to 84th Avenue South. 28. 81st Avenue South: from South 200th Street to South 196th Street. 3 29. 83rd Avenue South: from South 228th Street to South 224th Street. 30. 84th Avenue South/East Valley Highway/Central Avenue North/Central Avenue South: from South 180th Street (43rd Avenue South) to the Green River Bridge. 31. 88th Avenue South: from East James Street to South 218th Street. 32. 94th Avenue South: from Canyon Drive to South 240th Street. 33. 97th Place South: from Canyon Drive to 100th Avenue Southeast. 34. 100th Avenue Southeast: from Southeast 248th to Southeast 218th Street. 35. 101st Avenue Southeast: from Southeast 256th Street (SR 516) to Southeast 260th Street. 36. 102nd Avenue Southeast: from Southeast 240th Street to the north end of 102nd Avenue Southeast. 37. 104th Avenue Southeast (SR 515): from Southeast 272nd Street to north city limits. 38. 108th Avenue Southeast: from Southeast 281st Street to Kent- Kangley Road (SR 516). 39. 108th Avenue Southeast: from Southeast 244th Street to Southeast 236th Place. 40. 109th Avenue Southeast: from Southeast 256th Street to Southeast 248th Street. 41. 112th Avenue Southeast: from south end of 112th Avenue Southeast to Southeast 232nd Street. 42. 114th Avenue Southeast: from Kent-Kangley Road to south end of street. 43. 116th Avenue Southeast: from Southeast 227th Place to Southeast 274th Way. 44. 116th Avenue Southeast: from Southeast 248th Street to Southeast 256th Street, west side only. 4 45. 117th Avenue Southeast: from Southeast 244th Street to end of street. 465. 118th Court Southeast: from Southeast 244th Street to end of street. 476. 119th Court Southeast: from Southeast 244th Street to end of street. 48-7. 119th Way/120th Place Southeast: from Southeast 244th Street to Southeast 244th Street. 499. 120th Avenue Southeast: from the gate on Southeast 268th Street to Southeast 270th Street, north and east sides only. 50419. 124th Avenue Southeast: from Southeast 248th Street to Southeast 282nd Street. 51G. 132nd Avenue Southeast: from Southeast 236th Street to Southeast 288th Street. 52-1-. 140th Avenue Southeast: from Southeast 256th Street to Southeast 260th Street. 533. 144th Avenue Southeast: from Kent-Kangley Road (SR 516) to Southeast 288th Street. 543. 148th Avenue Southeast: from Southeast 256th Street to Southeast 240th Street. 554. 148th Avenue Southeast/152nd Way Southeast: from North City Boat Ramp to Kent-Kangley Road (SR 516). 565. 152nd Avenue Southeast/152nd Way Southeast: from Kent- Kangley Road (SR 516) to SR 18. 576. Alder Lane/South 262nd Street: from Central Avenue South to five hundred (500) feet east of Central Avenue South. 58-7. Cambridge Way: two hundred (200) feet south of South 262nd Street, west side only. 599. East Canyon Drive: from Hazel Avenue North to 101st Avenue Southeast. 6059. East Gowe Street/West Gowe Street: from Railroad Avenue South to 1st Avenue South. 5 61G. East Gowe Street: from Railroad Avenue South to Central Avenue South, south side only, and from Central Avenue South to Kennebeck Avenue South. 6247. East Harrison Street: from one hundred forty (140) feet west of 4th Avenue North to 4th Avenue North, south side only. 633. East Meeker Street/West Meeker Street: from Railroad Avenue South to 1st Avenue South. 643. East Pioneer Street: from one hundred seventy (170) feet east of Central Avenue to State Avenue, south side only, and from Central Avenue South to two hundred (200) feet east of Central Avenue, north side only. 654. East Pioneer Street: from Railroad Avenue North to Central Avenue North. 665. East Titus Street: from 3rd Avenue South to 4th Avenue South, north side only; police vehicle parking only. 676. East Titus Street: from West Gowe Street to Reiten Road South, southeast side only. 68-7. East Titus Street/West Titus Street: from Railroad Avenue South to 1st Avenue South. 699. East Titus Street: from East Smith Street to Reiten Road South. 7069. Frager Road South: from West Meeker Street to South 204th Street. 71G. Interurban Trail Street: from Meeker Street to Smith Street. 72-1. Kennebeck Avenue South: from East Smith Street to East Ward Street. 733. Lake Fenwick Road: from South Reith Road to South 272nd Street. 743. Lakeside Boulevard East: from South 240th Street to South 228th Street. 754. Lakeside Boulevard West: from Lakeside Boulevard East to South 228th Street. 6 765. Landing Way: from 64th Avenue South to West Valley Highway. 776. Lincoln Avenue North: from West Meeker Street to West James Street. 78-7. Maple Street South: from Woodland Way South to Garfield Avenue South, south side only. 796. Military Road South/36th Avenue South/Military Road South: from South 228th Street to South 272nd Street. 807-9. Novak Lane: from Central Avenue to west end of street. 818. Ramsay Way: from 4th Avenue North to two hundred thirty (230) feet east of 4th Avenue North. 82-1-. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred forty (440) feet east of 4th Avenue North, south side only. 833. Ramsay Way: from three hundred fifty (350) feet east of 4th Avenue North to four hundred eighty (480) feet east of 4th Avenue North, north side only. 843. Ramsay Way: from five hundred twenty (520) feet east of 4th Avenue North to one hundred fifty (150) feet north of West Temperance Street. 854. Ramsay Way: from West Temperance Street to West Smith Street. 865. Riverview Boulevard: from South 216th Street to South 232nd Street. 876. Russell Road South: from end of street at Green River Trail to West James Street. 88-7. Russell Road South: from South 228th Street to South 212th Street. 896. South 188th Street: from West Valley Highway (SR 181) to 72nd Avenue South, and South 188th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 7 9089. South 190th Street: from West Valley Highway to 72nd Avenue South, and South 190th Street from 80th Avenue South to west end of street at BNSF Railway Company tracks. 918. South 192nd Street: from the west end of the road to 84th Avenue South. 92-1-. South 194th Street: from 58th Place South to 66th Avenue South. 933. South 194th Street: from 84th Avenue South to west end of street at BNSF Railway Company tracks. 943. South 196th Street/Russell Road/South 200th Street: from SR 167 to Orillia Road. 954. South 200th Street: from 80th Avenue South to 84th Avenue South. 965. South 202nd Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 976. South 204th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 98-7. South 206th Street: from 72nd Avenue South to 77th Avenue South. 999. South 208th Street: from 80th Avenue South to west end of street at BNSF Railway Company tracks. 10094. South 208th Street: from 84th Avenue South to 96th Avenue South. 1010. South 212th Street: from west city limits to east city limits. 102-1. South 216th Street: from 64th Avenue South to 72nd Avenue South. 1033. South 216th Street: from 84th Avenue South to the west end at BNSF Railway Company tracks. 1043. South 218th Street: from 84th Avenue South to SR 167. 1054. South 220th Street: from West Valley Highway (SR 181) to 72nd Avenue South. 8 1065. South 222nd Street: from west end at BNSF Railway Company tracks to SR 167. 1076. South 224th Street: from 83rd Avenue South to east end of road. 108-7. South 226th Street: from 54th Avenue South to 64th Avenue South. 1098. South 228th Street: from Russell Road South to 83rd Avenue South. 11009. South 231st Way: from Military Road South to Russell Road South. 1110. South 234th Street: from West Valley Highway to east end of street. 112-1. South 236th Street: from Lakeside Boulevard East to 64th Avenue South. 1133. South 240th Street: from 27th Avenue South to I-5. 1143. South 252nd Street: from Canyon Drive (SR 516) to east end of road. 1154. South 256th Street: from 27th Place South east to the traffic control gate. 1165. South 259th Street: from 74th Avenue South to east city limits. 1176. South 260th Street/South 259th Place South/Reith Road South: from SR 99 (Pacific Highway South) to Kent-Des Moines Road (SR 516). 118-7. South 268th Street: from Military Road South to Princeton Avenue South. 1195. South 272nd Street: from Lake Fenwick Road South to 42nd Avenue South, north side only. 12019. South 277th Street and Southeast 274th Way: from Auburn Way North to 116th Avenue Southeast. 1210. South Central Place: from South 266th Street to the end of South Central Place. 9 1221. Southeast 236th Street: from 104th Avenue Southeast (SR 515) to 108th Avenue Southeast, south side only. 1233. Southeast 239th Street: from 102nd Avenue Southeast to 104th Avenue Southeast. 1243. Southeast 244th Street: from 120th Avenue Southeast to 116th Avenue Southeast. 125. Southeast 248th Street: from 104th Avenue Southeast to 116th Avenue Southeast, south side only. 1264. Southeast 248th Street: in front of George Daniels Elementary School. 1275. Southeast 256th Street: from 101st Avenue Southeast to 148th Avenue Southeast. 1286. Southeast 260th Street: from 100th Avenue Southeast/97th Place South to 108th Avenue Southeast. 129-7. Southeast 264th Street: from 124th Avenue Southeast to 127th Avenue Southeast, north side only. 1302-8. Southeast 267th Street: from 102nd Avenue Southeast to 104th Avenue Southeast, north side only. 13139. Southeast 282nd Street: from 132nd Avenue Southeast to 144th Avenue Southeast. 132G. SR 99 (Pacific Highway South): from Kent-Des Moines Road (SR 516) to South 272nd Street. 133-1. West Cloudy Street: from 4th Avenue North to 5th Avenue North. 1343. West Gowe Street: from 6th Avenue South to three hundred (300) feet east of 6th Avenue South. 1353. West James Street/East James Street/South 240th Street/Southeast 240th Street: from Russell Road to 148th Avenue Southeast. 1364. West Meeker Street: from Kent-Des Moines Road (SR 516) to 6th Avenue South. 10 1375. West Saar Street: from west end of street to 4th Avenue South, south side only. 1386. West Sam Street: from West Valley Highway (SR 181/Washington Avenue) to end of street. 139-7. West Smith Street/East Smith Street: from 64th Avenue South to Jason Avenue South. 14036. West Temperance Street: from Ramsay Way to 1st Avenue North. 14139. West Valley Highway South/Washington Avenue South/Washington Avenue North/68th Avenue South: from south city limits to north city limits. 1420. West Willis Street/East Willis Street: from 4th Avenue South to Central Avenue South. 143-1. Woodland Way South: from East Maple Street to South 262nd Street. B. Penalty. Any violation of the provisions of this section shall be an infraction punishable by a monetary penalty of fifty dollars ($50). Vehicles parked in violation of this section are subject to impoundment as provided by law. SECTION 2, — SeverabilitY. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 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. 11 SECTION 4, — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 20. APPROVED: day of 20. PUBLISHED: day of 20. 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 12 Z KENT Agenda Item: Consent Calendar - 7K TO: City Council DATE: March 15, 2011 SUBJECT: 2010 Consolidated Annual Performance Evaluation Report - Approve MOTION: Approve the 2010 Consolidated Annual Performance and Evaluation Report and authorize the Mayor to submit the report to the Department of Housing and Urban Development. SUMMARY: The 2010 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Kent, Washington is a report to the U.S. Department of Housing and Urban Development (HUD) on the City's activities and accomplishments using Community Development Block Grant (CDBG) and other funds. The report is required by HUD annually and must be submitted by March 31st of each year. It includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as other activities executed by the City. EXHIBITS: 2010 Consolidated Annual Performance and Evaluation Report RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None Iq a I CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT mllllllllllllllllllllllllllllllWuUWiWIIDIDIguIUI)!!!!!!!!!!!!!!!!!!!!!llgYJnUy11��lUNUNlldssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssssie 2010 City of Kent Submitted to: US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT Office of Community Planning and Development Seattle Federal Office Building 909 First Avenue, Suite 300 Seattle, WA 98104-1000 Prepared by: CITY OF KENT Parks, Recreation & Community Services Department Housing and Human Services Division 220 Fourth Avenue South Kent, WA 98032 WASMIHOTON CITY OF KENT Suzette Cooke, Mayor John Hodgson, Chief Administrative Officer Jeff Watling, Parks, Recreation & Community Services Director Katherin Johnson, Housing & Human Services Manager CITY COUNCIL Jamie Perry, Council President Elizabeth Albertson'' Ron Harmon Dennis Higgins Deborah Ranniger Debbie Rapiee Les Thomas HUMAN SERVICES COMMISSION David Ott, Commission Chair Elizabeth Albertson, City Council Member Yadira Brito, Commissioner Bill Hallerman,�Commissioner Michael Heinisch, Commissioner Brett Hollis, Commissioner Carla Loux, Commissioner Broderick Phillips, Commissioner Oriana Pon, Commissioner Ted Schwarz, Commissioner David Watson, Commissioner LEAD STAFF Dinah R. Wilson, CDBG Coordinator w NN���/ TABLE OF CONTENTS .............................................................................................................................................................................................................................................................................................................. I.EXECUTIVE SUMMARY........................................................................................................................1 STRATEGIES AND OBJECTIVES.............................................. ......... ..............................1 FUNDING DECISIONS..........................................................................................................................4 2010 CDBG PROJECTS....................................... ........; ..............................5 II. GENERAL NARRATIVE.......................................... ................................................. ..........................5 A. ASSESSMENT OF OBJECTIVES AND STRATEGIES...: ................................ ............5 Decent Housing Strategies ........................... ......... ..............................6 Suitable Living Environment Strategies.... ........1 ............................................. 10 Economic Opportunities Strategies ......... ......... ............................................. 14 B. AFFIRMATIVELY FURTHER FAIR HOUSING:WHAT ACTIVITIES WERE TAKEN 16 C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES..............................................1B D. CONTINUUM OF CARE.......... ....... .. ...............................................................23 E. LEVERAGING RESOURCES ......... ..................................................................................24 F. CITIZEN COMMENTS...................: . ..................................................................................24 G. LEAD-BASED PAINT COMPLIANCE ....................................................................................24 H. SUB-RECIPIENT MONITORING AND TRAINING.............................................................25 I. SELF-EVALUATION..................................................................................................................25 III: CDBG PROGRAM NARRATIVE....................................................................................................27 A. 2010 CDBG PROJECTS............................................................................................................27 B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES,NATIONAL OBJECTIVE AND ONE YEAR ACTION PLAN ..............................................................................29 C. PROGRAM OBJECTIVE CHANGES........................................................................................30 D. EFFORTS ASSESSMENT: ONE YEAR ACTION PLAN....................................................... 30 E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION, REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW RELOCATION WAS ACCOMPLISHED..........................................................................................33 F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY LOW/MODERATE-INCOME PERSONS........................................................................................33 G. REPORT REGARDING LOAN REPAYMENTS.....................................................................33 CONCLUSION...........................................................................................................................................33 ATTACHMENT A..................................................................................Error! Bookmark not defined. INFORMATION FROM HOD'S INTEGRATED DISBURSEMENT AND INFORMATION SYSTEM (IDIS) FOR PROGRAM YEAR 2010.... .............Error! Bookmark not defined. ATTACHMENT B........................................................... ........ .....Error!Bookmark not defined. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)AND HUMAN SERVICES GENERAL FUND ALLOCATIONS FOR PROGRAM YEAR 2010........... Error! Bookmark not defined. Public Notice......................... ..,,.,..................... ...............Error! Bookmark not defined. Council Minutes................... ......... ........ ..............Error! Bookmark not defined. City of Kent: 2010 CDBG Public Service Allocations......Error! Bookmark not defined. 2010 CDBG Capital Funding Allocations.... ............:.Error! Bookmark not defined. 2010 Planning and Administration ........, ...............Error! Bookmark not defined. 2010 CDBG Funding Summary—,................, � ...............Error! Bookmarknotdefined. 2010 CDBG Public Services Contingency Plan.............Error! Bookmark not defined. 2010 CDBG Capital Contingency Plan .............................Error! Bookmark not defined. City of Kent: 2010 General Fund Allocations...............Error! Bookmark not defined. Public Notice ........ ..................................................Error! Bookmark not defined. Parks and Human Services Council Committee Minutes...........Error! Bookmark not defined. Council Minutes............................................................................Error! Bookmark not defined. I. EXECUTIVE SUMMARY .............................................................................................................................................................................................................................................................................................................. As a prerequisite for receiving Community Development Block Grant (CDBG) funding, the City of Kent (hereinafter referred to as the City) developed a Five-Year Consolidated Plan for Housing and Community Development for the period of 2008 - 2012. Each year the City executes specific actions to implement the Strategies and Objectives of the Consolidated Plan; actions are outlined in the Annual Action Plan. The purpose of this report, which is called the Consolidated Annual Performance and Evaluation Report (CAPER), is to inform the U.S. Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments derived from the investment of CDBG and other resources for the 2010 program year, which covers the period January 1, 2010 to December 31, 2010. In 2010, HUD allocated $848,557 in CDBG funds to the City. (An additional $821,869 in funds allocated from the City's General Fund budget was used in conjunction with CDBG funds to provide for a wide range of human services and affordable housing needs.) The City, successfully executed the activities outlined in the 2010 Action Plan by investing, its CDBG funds in the following activities: public services, rehabilitation, micro-enterprise assistance, and human services planning and administration. Because the City is cognizant that collaboration allows for visionary planning and comprehensive development of services that respond to the needs of City residents and the regional community, staff worked closely with regional municipalities, King County, state government, United Way of King County, and other non-profit organizations to build a strong community safety net. STRATEGIES AND OBJECTIVES The City Strategies and Objectives of the Consolidated Plan are as follows: DECENT HOUSING STRATEGIES Objective 1: Enhance availability of decent housing for low/moderate-income residents. ♦ Strategies a) Work with public, private and non-private partners to increase funding and leverage resources to increase access to affordable housing. b) Invest in programs that help to maintain the existing stock of affordable housing. c) Invest in programs that support the ability of homeowners to stay in their own homes. d) Encourage local incentives for developers to create affordable housing. Objective 2: Invest in services and facilities that prevent homelessness and ensure that service-enriched services are provided when homelessness occurs. ♦ Strategies a) Actively support regional and sub-regional efforts to provide a coordinated continuum of housing and services for the homeless that meet the needs of Kent and South King county residents. b) Support a variety of appropriate options for individuals with special needs. c) Support efforts to move people from shelters and transitional housing to permanent housing;when appropriate. d) Support human services programs that address the needs of homeless persons. SUITABLE LIVING ENVIRONMENT STRATEGIES Objective 1: Enhance a suitable living environment. ♦ Strategies a), Increase inclusion of immigrants and refugees and people of color in the life of the Kent community by supporting efforts to leverage resources and increase access to services for immigrants and refugees. b) Invest funds in programs that are located in neighborhoods with a large number of low-income residents. c) Support collaboration between human services agencies to achieve efficiency, co-location of services, and reduction in human services costs. d) Support programs that enhance or increase culturally appropriate and culturally specific services. Objective 2: Create a community that supports healthy individuals and families. ♦ Strategies a) Support programs that encourage healthy lifestyle behaviors, including helping children maintain healthy body weight. b) Increase accessibility to recreational opportunities by encouraging the location of programs in neighborhoods and neighborhood centers. c) Enhance access to low-cost medical services for low/moderate- income individuals. ECONOMIC OPPORTUNITIES STRATEGIES Objective 1: Increase employment opportunities for low/moderate- income persons and the long-term unemployed. ♦ Strategies a) Encourage and promote employment opportunities for all residents, including youth. b) Support programs that remove or decrease barriers to education and employment for low-income individuals. c) Support training and counseling programs that teach people how to start and expand small businesses such ,as micro-enterprises that employ five or less employees, one of whom owns the business. d) Support job readiness and job retraining programs. e) Encourage services that support employees in maintaining or advancing their employment opportunities including, but not limited to, transportation and childcare. Objective.2: Promote financial well-being. ♦ Strategies a) Fund programs that educate residents on how to manage money and establish' good credit. b) Support programs that teach residents how to avoid the pitfalls of predatory lending practices. c) Support the financial literacy education to promote and sustain homeownership. FUNDING DECISIONS The City's ten-member Human Services Commission (the Commission also includes a non-voting City Council member), a citizen's advisory body to the City Council, reviews the human service issues of the Kent community on an ongoing basis and recommends funding allocations based on the current needs. In 2010, the City funded four (4) capital projects' and five (5) public services projects. The reminder of the City CDBG allocation was applied to Planning and Administration (P & A) activities. Examples of P & A activities include staff support to the Kent Immigrant/Refugee Forum Project and education and outreach to affirmatively further fair housing.,, The following is a list of 2010 funded projects: 'Among the capital projects was a public facilities project in the planning stages that will be constructed in 2011. 2010 CDBG PROJECTS PROJECT NAME ACTIVITY CDBG ALLOCATION Catholic Community Funds used to provide shelter and case $10,785 Services: Katherine's management services to homeless, single women House who resided in Kent prior to their homelessness. City of Kent: Home Rehabilitation: Funds used to rehabilitate housing $459,063 Repair Program that is owned and occupied by low/moderate- income families residing in the City,of Kent. City of Kent: Fall Rehabilitation: Funds used to install handicap $10,000 Prevention PrograM2 accessibility items in low/moderate-income Kent households. City of Kent: Planning & P &A: Funds used to administer the City of Kent $169,711 Administration CDBG projects and engage in planning activities. HealthPoint: Healthcare Public Services: Funds used to provide primary $ 10,785 for the Homeless care and nursing services to homeless adults and children who reside in transitional shelters services also available at the Kent Community' Health Center. Multi-Service Center: Public Services: Funds used to provide housing $ 60,383 Housing Stability stability grants which are used to prevent eviction and/or assist tow-income Individuals with move-in costs. Refugee Women's Public Services: Funds used to connect Kent $ 18,390 Alliance immigrants and refugees to linguistically/culturally appropriate information and services. Public Facilities and Because of a delay in planning, funds for this $60,000 Improvements Project project will not be spent until 2011. Washington CASH: Kent Micro-enterprise: Funds used to provide business $ 22,500 Micro-enterprise training and business development services to Initiative low/moderate-income women, people with disabilities and other under-served individuals. YWCA: Anita Public Services: Funds used to provide $26,940 Vista Transitional : transitional shelter and case management Housing services to domestic violence survivors. TOTAL: $848,557 II. GENERAL NARRATIVE .............................................................................................................................................................................................................................................................................................................. A. ASSESSMENT OF OBJECTIVES AND STRATEGIES 2 This was the first year of a two-year(2010-2011)funding cycle for this project. DECENT HOUSING STRATEGIES Objective 1: Enhance availability of decent housing for low/moderate-income residents. The following initiatives were instrumental in helping the City execute strategies to obtain Objective 1: ♦ Strategies a) Work with public, private and non-private partners to increase funding and leverage resources to increase access to affordable housing. • Participated in the King County Housing Funders Group. This group met to discuss new projects or funding sources that were available for homeless services within King County. • Participated in the South King County Human Services Planners Group. This group collaborated together to ensure that funding was available for vital human services programs and also signed Joint Memoranda of Understanding for regional services. b) Invest in programs that help to maintain the existing stock of affordable housing, • The`City,of Kent received $475,264 in Neighborhood Stabilization Program Funds (NSP) through the Housing and Economic Recovery Act of 2008. The Washington State Department of Commerce administers the NSP grant. In 2010, the City used Neighborhood Stabilization Program Funds to begin implementation of its Move to Housing Program (MTH). The City partnered with Habitat for Humanity of Seattle/South King County to purchase and rehabilitate two (2) foreclosed residential properties on the East Hill of Kent. In addition, Habitat for Humanity secured private funds to acquire a third house which will be purchased in 2011. The City expects to complete the Move to Housing Program in 2011. • Allocated $459,063 in CDBG funds to the Home Repair Program to support the existing level of homeownership in Kent. • Conducted a performance audit and client satisfaction survey to evaluate the effectiveness of the Home Repair Program. • Worked regionally to improve home repair policies by participating on regional policy committees. c) Invest in programs that support the ability of homeowners to stay in their own homes. • Allocated a $10,000 biennial grant to the City of Kent Fall Prevention Program to install handicap accessibility items in the homes of low/moderate-income homeowners. • Continued to actively enforce code provisions requiring mobile home park owners to submit a relocation report and plan to the Human Services Division prior to issuing eviction notices to tenants who must relocate due to closure,:;,change of use, or a zoning re-designation. • Allocated $60,383 in CDBG funds to the Multi-Service Center to provide housing stability grants to low-income families to support move-in costs and to prevent eviction. d) Encourage local incentives for developers to create affordable housing. • Staff consulted with affordable housing planners on local incentives to encourage developers to create affordable housing. Objective 2: Invest in services and facilities that prevent homelessness and ensure that service-enriched services are provided when homelessness occurs. The following actions were implemented to help the City execute Objective 2: ♦ Strategies a) Actively support regional and sub-regional efforts to provide a coordinated continuum of housing and services for the homeless that meet the needs of Kent and South King county residents. • Continued providing staff support to efforts such as Safe Harbors (a homeless management information system) and the Committee to End Homelessness. • Continued staff participation in the Regional Affordable Housing Program application review process. • Participated in grant review committees that made recommendations for funding to affordable housing and other programs that prevent homelessness. • Staff facilitated the South King County Forum on Homelessness (SKCFH). The SKCFH is an organization supported by SKC service providers which promotes networking and the coordination of activities to end homelessness. • Staff participated on the following United Way of King County Impact Councils: Strengthening Our Communities and Out of the Rain. The Impact Councils make human services funding recommendations to United Way. • Staff participated on the South County Regional Domestic Violence Task Force. b) Support a variety of appropriate options for individuals with special needs. • Allocated $30,000 in CDBG funds to Sound Mental Health to provide outreach and case management services to homeless individuals. • Allocated $65,000 in General Funds to DAWN to support the following programs: (1) shelter and crisis line for domestic violence survivors; and (2) Community/Safe Havens Advocacy. • Allocated $26,940 in CDBG funds to the YWCA to provide transitional and case management services to homeless domestic violence survivors and their children. c) Support efforts to move people from shelters and transitional housing to permanent housing when appropriate. • South King County (SKC) service providers, representatives of local government, and funders continued to implement the South King County Response to Homelessness: A Call for Action. The SKC ,plan includes strategies designed to address the unique issues creating homelessness in SKC and is guided by the King County Plan to End Homelessness, which supports efforts to move people from shelters and transitional housing to permanent housing when appropriate. In 2010, the South King County Response to Homelessness was updated to document progress made since the South King County Response to Homelessness was written in 2007 and to incorporate current data. • Participated in grant review committees that recommended funding to housing programs that move people from shelters and transitional housing to permanent housing when appropriate. d) Support human services programs that address the needs of homeless persons. • Allocated $10,785 in CDBG funds to Catholic Community Services to support a shelter for homeless women with chemical addictions, while providing case management to help them gain self-sufficiency, end homelessness and maintain sobriety. Allocated $10,785 in CDBG funds to Health Point, Healthcare for the Homeless Project, to provide primary care and nursing services to homeless families and individuals living in transitional housing. SUITABLE LIVING ENVIRONMENT STRATEGIES Objective 1: Enhance a Suitable Living Environment The following actions were taken under strategies that the City used to achieve Objective 1: ♦ Strategies a) Increase inclusion of immigrants and refugees and people of color in the life of the Kent community by supporting efforts to leverage resources and increase access to services for immigrants and refugees. • Continued to provide technical assistance and community linkages to non-profits that provide assistance to immigrants and refugees who reside in Kent. This included researching and providing information to the Kent Cultural Diversity Initiative Group on foundations that issue grants to support organizations that specialize in advocating and working on issues that impact refugees and immigrants. • Helped the Southern Sudanese Community of Washington find office space in Kent. • Collected information for an Immigrant/Refugee Human Services Resource Guide. • Organized .a summer school supply drive for the Kent School District Refugee Transition Center at the Phoenix Academy. • Organized an educational series discussion to help advocates who work with immigrants/refugees teach parents how to effectively participate in their children's education and work with the Education Ombudsman to resolve conflict between students, families and public schools. • Connected Parks Department staff with immigrant & refugee service provider agencies to support a private grant to create a community P-patch for East Hill residents in an area that has a large Asian/Pacific Island population, along with many Russian and Ukrainian immigrants. • Provided staff support to the Kent Cultural Diversity Initiative Group (KCDIG). The KCDIG consists of service providers and community members who have cultural and language-specific expertise working with immigrants and refugees. The group meets monthly and works toward influencing policy, enhancing collaboration, leveraging resources, developing a closer relationship with the City of Kent, and serving as a resource within the community. • Kent Parks Department staff met with Refugee Women's Alliance Senior Nutrition and Wellness Program and a group of Somali, Bhutanese and Russian seniors to hear how the Parks Department could enhance human and recreational services to these communities. • Continued to expand asset building, cultural enhancement, educational support and communication connection activities by supporting People of Color in Philanthropy, a countywide organization that promotes racial equity and social justice for communities of color through philanthropy.,, b) Invest funds in programs that are located in neighborhoods with a large number of low-income residents. • Allocated $10,000 in General Funds to the Center for Career Alternatives to provide job skills training and employment services to public housing residents and other low-income residents residing in Kent. c) Support collaboration between human services agencies to achieve efficiency, co-location of services, and reduction in human services costs. • Continued staff support to the Alliance Center, the one-stop facility for human services programs that is located in Kent. • Facilitated linkages between 'established agencies and newly formed non-profits/grassroots agencies. d)., Support programs that enhance or increase culturally appropriate and culturally specific services. • Allocated $18,390 in CDBG funds to Refugee Women's Alliance's Systems Navigation and Access Project (SNAP) to connect immigrants/refugees to linguistically and culturally appropriate information and services. • Allocated $10,000 in General Funds to the Ukrainian Community Center to assist refugee families in overcoming barriers to self- sufficiency by providing immediate assistance to families through advocacy and case management. Objective 2: Create a community that supports healthy individuals and families. The following actions were taken under strategies that the City used to achieve Objective 2: ♦ Strategies a) Support programs that encourage healthy lifestyle behaviors, including helping children maintain healthy body weight. • Allocated General Funds in the amount of $60,000 to Kent Food Bank to provide emergency food bags and emergency assistance to needy individuals and families residing in Kent. • Increased the number of scholarships available to residents with limited resources who wish to participate in recreational activities. • Parks Department staff worked with the manager of the Kent Pool to establish a "Women Only" swim for women who for religious/cultural reasons prefer a segregated swim. b) Increase accessibility to recreational opportunities by encouraging the location of programs in neighborhoods and neighborhood centers. c) Enhance access to low-cost medical services for low/moderate- income individuals. • Allocated $40,000 in General Funds to Health Point to provide primary medical,and dental services to low/moderate-income individuals. • Staff distributed Lead-Based Paint informational materials to residents served by the Home Repair Program and used the Lead-Safe Housing Rule Checklist for General Compliance Documentation as a guide to ensure compliance with lead-based paint rules., • Home Repair Program staff distributed English and Spanish versions of the Healthy Home Informational booklets to Kent households. The booklet provides tips on how to create and maintain a healthy and safe home. • Allocated $10,000 in funds to the City of Kent Fire Department Fall Prevention Program to support costs for the installation of handicap accessibility items in the homes of low/moderate- income Kent residents. (This is a two-year grant for the 2010- 2011 biennium.) The installation of handicap accessibility items allowed seniors and disabled residents to stay in their homes and remain self-sufficient. ECONOMIC OPPORTUNITIES STRATEGIES Objective 1: Increase employment opportunities for low/moderate- income persons and the long-term unemployed. The following actions were taken under strategies that the City used to achieve Objective 1: ♦ Strategies a) Encourage and promote employment opportunities for all residents, including youth. • Low/moderate-income Kent residents continued to enjoy equal access to jobs created through the development of the Kent Station project. • Low/moderate-income Kent residents received equal access to jobs created through the development of the ShoWare Events Center. • Continued to partner with Evergreen Community Development Corporation, a non-profit certified by the Small Business Administration to make 504 loans, by writing support letters for existing and, new businesses seeking loans to purchase their own real estate.. When local businesses own their own property, this leads to business stability. b) Support programs that remove or decrease barriers to education and employment for low-income individuals. • Facilitated collaboration between manufacturing businesses and the Kent School District on youth job training and/or internship programs by helping to mitigate insurance/risk concerns. • Staff attended the Community Center for Education Results (CCER) conference which launched the Road Map for Education Results. The road map is a strategic action plan working with communities and organizations in South Seattle and South King County to increase student achievement from early education through college. The Road Map was endorsed by the City of Kent. c) Support training and counseling programs that teach people how to start and expand small businesses such as micro-enterprises that employ five or less employees, one of whom owns the business. • Allocated $22,500 in CDBG funds to Washington CASH to provide business training and loan fund services for low-income women, people with disabilities and other under-served individuals to develop new micro-enterprise businesses. d) Support job readiness and job retraining programs. • Allocated $35,000 in General Funds to Washington Women's Employment and Education (WWEE) to provide computer training and a job readiness class to low-income Kent residents. • Allocated $45,000 in General Funds to Jewish;.Family Services for Refugee/Immigrant Employment services. e) Encourage services that support employees in maintaining or advancing their employment opportunities including, but not limited to, transportation and childcare. • Allocated $20,500 in General Funds to Child Care Resources to provide childcare vouchers to low/moderate-income families who work or pursue education to enhance their job opportunities. • Participated on the King County Mobility Coalition Accessible Transportation Coalition and worked with the Sub-committee on Under-served populations to:plan a Transportation Forum for South King County service providers.i Objective 2: Promote financial well-being. The following,actions were taken under strategies that the City used to achieve Objective 2: ♦ Strategies a) Fund programs,that educate residents on how to manage money and establish good credit. • Supported a financial literacy fair sponsored by the Riverview Community Church. • Allocated $10,000 in General Funds to Kent Youth and Family Services to provide classes using the Powerful Families curriculum; the curriculum focuses on providing families/caregivers financial literacy, leadership, and advocacy skills. b) Support programs that teach residents how to avoid the pitfalls of predatory lending practices. Supported a financial literacy fair sponsored by the Riverview Community Church, which provided resources on how to avoid the pitfalls of predatory lending practices. c) Support financial literacy education to promote and sustain homeownership. Distributed fair housing materials at community events and during training provided to landlords. B. AFFIRMATIVELY FURTHER FAIR HOUSING: WHAT ACTIVITIES WERE TAKEN The City continues to monitor compliance with the Fair Housing Act and to respond appropriately to alleged violations; complaints are referred to the Washington State Human Rights Commission for resolution. In 2004, the City hired a consultant to complete its first Analysis of Impediments to Fair Housing Choice (AI) as a direct entitlement City. The AI was completed in 2005. The Fair Housing Consultant identified three impediments and made two recommendations which fall under the City's authority. The two recommendations were: • Expand current education and outreach efforts; and • Target homeownership and lending marketing to African American and Hispanic households'. The following actions were taken by the City to implement the Fair Housing Consultant's recommendations and to affirmatively further fair housing: • The City continued to implement recommendations from the Analysis of Impediments (AI) to Fair Housing Choice report. One of the recommendations of the AI was to target homeownership and lending marketing to African American and Hispanic households. Habitat for Humanity, the contractor the City partnered with on the NSP grant, has a history of targeting these populations. Ethnic/racial minority families will have an opportunity to purchase one of the foreclosed homes purchased with NSP funds. • The City provided access to a Fair Housing pamphlet entitled Fair Housing — Its Your Right via its website. • Staff distributed fair housing informational materials at City- sponsored crime prevention training and resource fairs. The City provided informational materials on predatory lending practices at the financial literacy fair. C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES As noted in the 2008 — 2012 City of Kent Consolidated Plan, the City of Kent's comprehensive plan is consistent with the Countywide Planning Policies that include guidelines to support housing affordability. The Countywide Planning Policies require that all jurisdictions "provide for a diversity of housing types to meet a variety of needs and provide for housing opportunities for all economic segments of the population." The policies further call on all jurisdictions to participate in an equitable distribution of low-income and affordable housing throughout the County. The City adopted a range of strategies to encourage affordable housing and to remove barriers to affordable housing development, .This report highlights the following strategies: • Maintaining the existing stock of affordable housing; • Increasing housing stabilization for those who are at risk of becoming homeless; and • New funds for affordable housing Maintaining Existing Stock of Affordable Housing Home Repair Program The City of Kent has an existing stock of smaller, older, and more affordable homes. Most are located adjacent to the downtown core. The City preserved this housing through the Home Repair Program and other investments. In addition to preserving housing, the City's investment averted the expenditure of new development costs on the same location. In 2010, the City began planning to add another component to its Home Repair Program-the Energy-Efficiency Program. This program will provide weatherization and energy-efficiency appliances to low- income homeowners. This new service will decrease energy costs and extend the lifespan of housing stock. Panther Lake Annexation Area Residents of an area located east of the city limits of Kent, on the east plateau of Soos Creek, voted to be annexed to the City of Kent. The area encompasses five square miles, and will add 24,000 to the Kent population. This increased the City's population from 88,380 to 112,380. The Housing and Human Services Division offered services to the residents who reside in the newly annexed area. Fall Prevention Program The City of Kent had a significant number of senior and disabled residents who were at risk of losing the independence of remaining in their homes without the installation of fall prevention devices such as grab bars, transfer benches, elevated toilet seats, bed handles, etc. To address this, the City made its first two-year investment of $10,000 in the Fall Prevention Program in 2006. This investment was renewed and has been funded through 2011. The Program has been hugely successful, helping residents to feel safer and more self-sufficient. Comments from residents who used the program included the following: "I would have had to have assistance all the time without the materials provided." "I am now able to use my bathroom without my wife's assistance." "I don't have to fear using my shower now." Units Preserved Through City of Kent Home Repair Program and City of Kent Fire Department Fall Prevention: Rehabilitation Assistance ............................................................................................................................................................................................................ City of Kent: Home Repair City of Kent Fire Program Department: Fall New Households Assisted® Prevention Program 76 New Households Assisted: 56 Outcoirne/Objective:: Outcome/Objectiive:: Enhanced accessibility to Enhanced accessibility to decent housing by decent housing by installing providing rehabilitation handicap accessibility items assistance and health and in 56 lowlmoderate-income safety repairs to 76 Kent households. lowlmoderate-income Kent households. TABLE 3B: ANNUAL HOUSING COMPLETION GOALS Resources used during 2010 --—————————————---- Annual Actual CDBG HOME E HOPWA Expected Number S Number Completed G Completed .....................................................................................................................................................................................................................ANNUAL AFFORDABLE HOUSING GOALS (SEC. 215) Homeless Households 13 32 X Non-homeless households 0 Special Needs Households 0 ANNUAL AFFORDABLE RENTAL HOUSING GOALS (SEC. 215) Acquisition of existing units 0 ❑ Production of new units 0 Rehabilitation of existing units 0 Rental Assistance 0 Total Sec.. 2:115 Affordable 0 Rental ANNUAL AFFORDABLE OWNER HOUSING GOALS (SEC. 215) Acquisition of existing units Production of new units Rehabilitation of existing units 110 132 X ❑ Homebuyer Assistance Total Sec.. 2:115 Affordable Owner ANNUAL AFFORDABLE HOUSING GOALS (SEC. 215) Acquisition of existing units Production of new units Rehabilitation of existing units 0 Homebuyer Assistance 0 Total Sec.. 2:115 Affordable 0 Housing ANNUAL HOUSING GOALS Annual Rental Housing Goal 0 Annual Owner Housing Goal 0 Total Annual Housing Goal ------------I__2-3----------- :1164 --------X-------- Increasing Housing Stabilization for Those Who are Homeless or at Risk of Becoming Homeless Multi-Service Center Housing Stability Program The City of Kent had an increasing number of residents who experienced financial emergencies that placed them at risk for eviction or who lacked the funds to pay for move-in costs. Through the Housing Stability Program, residents secured the funds to remain in housing or to pay a security deposit and other costs to lease a home. Housing Stability Provided to Individuals Who Were Homeless or at Risk of Becoming Homeless 2010 2010 Persons Projected to Assist: 49 Persons Actually Assisted: 54 2010 Outcome/Objective Multi-Service Center Housing Addressed the need to sustain Stability Program a suitable living environment and prevent homelessness by providing housing stability grants to 54 low/moderate- income individuals. New or Level Funds for Affordable Housing - 2010 Neighborhood Stabilization Program The U.S. Congress passed the Housing and Economic Recovery Act of 2008 (HERA) as a response to the large number of foreclosures throughout the nation. HERA included funding for the Neighborhood Stabilization Program (NSP). The City of Kent received $475,264 in NSP funds in 2009. The City's NSP contract with the Washington State Department of Commerce does not expire until March 31, 2013 and the City is still in the process of rehabilitating two foreclosed homes that were purchased with NSP funds. Habitat for Humanity also secured private funds to leverage NSP resources for the purchase of a third house, which will be finalized in 2011. D. CONTINUUM OF CARE The City of Kent participates regionally with the Seattle/King County Continuum of Care for the application and distribution of HUD funds for homeless programs through McKinney funds, Emergency Shelter Grant (ESG) and HOME funds. In addition to regional participation, the City takes action on its own to support a continuum of services for homeless individuals. In 2010, the City supported a number of programs that provided assistance to homeless persons and persons requiring supportive housing. Support for these programs came from a combination of City General Fund and CDBG resources. Included were: El Catholic Community Services/Sound Mental Health: Housing for Men - emergency shelter for homeless men El City of Kent Housing & Human Services Division resource & referral services, including bus tickets, and client advocacy/referrals El Health Point: Healthcare for the Homeless nursing services to homeless individuals residing in transitional and domestic violence shelters located in the Kent area El Catholic Community Services Katherine's House Program - shelter and case management services to homeless, single women who resided in Kent prior to their homelessness El DAWN Domestic Violence Shelter Program - confidential emergency shelter, and community/Safe Havens advocacy for victims of domestic violence and their children © Home Repair Program - grants for health and safety-related repairs for low/moderate-income homeowners ©i Kent Food Bank emergency financial assistance and food bags El Kent Youth and Family Services Watson Manor - transitional housing for parenting teens El King County Sexual Assault & Resource Center - services provided to sexual assault survivors El Multi-service Center Emergency Assistance - emergency assistance to low-income Kent individuals and families El Multi-service Center Housing Continuum Services - emergency shelter services, transitional housing services, rent assistance, and homeless prevention services for Kent residents El Multi-service Center Housing Stability - grants to prevent eviction or to assist with move-in costs El Sound Mental Health -homeless outreach and counseling for homeless individuals El YWCA - transitional shelter and case management services for domestic violence survivors E. LEVERAGING RESOURCES In 2010, CDBG funds were used in conjunction with $821,869 in local funds to address human services needs. Community agencies report that for every $1 provided by the City of Kent, another $7 is leveraged. Community agencies receive the balance of their funding from other federal agencies, the State of Washington, King County, local municipalities, United Way and other charitable giving campaigns, foundations, private donations and fundraising. Because of the economic recession, funding reductions at federal, state, and local levels continue to seriously impact the stability of the human services system. F. CITIZEN COMMENTS Citizens received a 30-day period to review and comment on the CAPER. A Public Notice was published in the Kent Reporter on Friday, February 11, 2011. In addition, citizens were invited to provide comments at a public hearing held at the Housing and Human Services Division on February 17, 2011. Over two-weeks advanced notice was provided. No comments Were received. Notices were provided to participants of the Kent Cultural Diversity Initiative Group and other organizations that have contacts with ethnic/racial minorities, non-English speaking persons, and people with disabilities'. G. LEAD-BASED PAINT COMPLIANCE The following actions were taken by the City to evaluate and reduce the number of housing units containing lead-based paint hazards: • The City provided Lead Based Paint informational materials to all homeowners served by the Home Repair Program; staff was available to answer questions. • Home Repair staff used the Lead-Safe Housing Rule Checklist for General Compliance Documentation as a guide to verify compliance with lead-based paint rules; a Lead-Safe Housing Rule Applicability Form was completed on every Home Repair client. • Staff adhered to and, when applicable, enforced lead-based paint abatement regulations. H. SUB-RECIPIENT MONITORING AND TRAINING The CDBG Program Coordinator monitored CDBG-funded programs throughout the year by reviewing quarterly reports and consulting with programs to address issues that needed clarification. While most issues were resolved satisfactorily, programs were informed that the failure to comply with contractual requirements and regulations could result in remedial actions and/or the termination of funding. The City conducts periodic site visits. Site visits provide an opportunity for staff to congratulate programs on successes, to provide technical assistance on challenging issues, and to issue findings if programs are found non-compliant. I. SELF-EVALUATION The preponderance of CDBG and human services expenditures were used to support the wide continuum of services that are essential to the Kent community and the South King County region. The City met its requirements for housing development and affordable housing pursuant to the King County Growth Management Planning Policies adopted by the region in 1993. The City's ten-member:Human Services Commission, a citizen's advisory body to the City Council, reviews the human service issues of the Kent community on an :ongoing',basis and recommends funding allocations based on the urgent needs, along with an eye toward self- reliance and prevention. Significant issues that the Human Services Division/CDBG program faced in 2010 included an increase in the demand for job training and workforce development; an increase in foreclosure due to the economic downturn; unfavorable housing loans executed by homebuyers and predatory lending practices; emergency and disaster preparedness and coordination; an increased need for services in the immigrant/refugee community; an increase in the requests for transportation assistance; collaboration in the county- wide goal of ending homelessness by moving the homeless into "housing-first" and permanent housing; and downsizing and loss of housing and human services programs due to a decrease in governmental funding. The City's response to these issues included the following initiatives: • Continued to work with regional partners on the South King County Plan to End Homelessness. • Updated the King County Response to Homelessness. • Staff met with the Refugee Women's Alliance Senior Nutrition and Wellness Program to hear about the needs of immigrant/refugee seniors. Staff is working on responding to issues identified. • Provided meeting space and staff support to the Kent Cultural Diversity Initiative Group. • Met with leaders in the Muslim community. • Shared information about the Kent community with consultants who are working with the Community Center for Education Results (CCER). • Increased the number of scholarships available to residents with limited resources who wish to participate in recreational activities. • Awarded General Funds to Jewish Family Services for Refugee/Immigrant Employment services. • Allocated CDBG funds to Refugee Women's Alliance's Systems Navigation and Access Project (SNAP) to connect immigrants/refugees to linguistically and culturally appropriate information and services. • Helped the Southern Sudanese Community of Washington find office space in Kent. • Allocated to the Ukrainian Community Center to assist refugee families in overcoming barriers to self-sufficiency by providing immediate assistance to families through advocacy and case management.. III: CDBG PROGRAM NARRATIVE .............................................................................................................................................................................................................................................................................................................. A. 2010 CDBG PROJECTS The City of Kent supports housing and human services agencies with funds for on-going programming; e.g., feeding programs, medical services, housing stability; etc., through its CDBG entitlement. It is the City's policy to support human service programs that meet one of the City of Kent's funding priorities. A total of $848,557 in CDBG funds was awarded in 2010.3 The following, organizations were supported by the CDBG Program (a complete list of agencies supported by the City's CDBG and General Fund is attached): Capital Projects' Rehabilitation • City of Kent: Home Repair Program- 459,063 Funds used to rehabilitate housing that is owned and occupied by low/moderate-income families residing in the City of Kent. • City of Kent: Fall Prevention Program-$10,000 Funds used to install handicap,accessibility items in the homes of low/moderate-income households to prevent falls. Public Facilities and Improvements • ` Public Facilities and Improvements Project: Because of a delay in ,planning, funds for this Public Facilities and Improvements Project will not be spent until 2011. Micro-enterprise Assistance • Washington CASH: Kent Micro-Enterprise Initiative-$22,500 Funds used to provide business training and business development services to low/moderate-income women, people with disabilities and other under-served individuals. Public Services • Catholic Community Services: Katherine's House-$10,785 3A public facilities project that is in the planning stage will be completed in 2011. a Funding was approved by City Council October 28, 2008. Funds used to provide shelter and case management services to homeless, single women who resided in Kent prior to their homelessness. • Health Point: $10,785 Funds used to provide nursing services to homeless adults and children who resided in transitional shelters; services also provided at the Kent Community Health Center. • Multi-service Center: Housing Stability-$60,383 Funds used to provide housing stability grants to low-income or homeless individuals to prevent eviction or to assist with move-in costs. • Refugee Women's Alliance: Systems Navigation and Access Project (SNAP)-$18,390 Funds used to connect Kent immigrants and refugees to linguistically/culturally appropriate information and services. • YWCA: Transitional Housing-,$26,940 Funds used to provide transitional shelter and case management services to domestic violence survivors. Piannina and Administration • City of Kent: Parks, Recreation and Community Services Department, Housing and Human Service-$169,711 Funds used to administer City of Kent CDBG projects and to engage in planning activities.i B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES, NATIONAL OBJECTIVE AND ONE YEAR ACTION PLAN Process for Determining Which Organizations Receive Funds CDBG funds and the $821,869 allocated from the City's General Fund provide the foundation for the City's efforts in public services-related funded. The combined funds are allocated by the City Council based on recommendations by the City's Human Services Commission. The Commission reviews the data from a number of assessments, demographic reports and plans to develop priorities;for funding, and then calls for applications from the community, ,Applications for capital-related needs are also sought from human services agencies; e.g., renovation of office or counseling space, projects to acquire/preserve affordable housing, acquisition or property to build a health facility for low/moderate-income patients, etc. Only CDBG funds may be expended on capital projects,. After a screening process, the City employs the following three-prong analysis to determine which programs receive CDBG funding: (1) Does the service or need fall within a City of Kent funding priority5; (2) Is the service or need an eligible activity; and (3) Does the service or need meet a national objective? The three national objectives are activities benefiting low/moderate-income persons, activities which aid in preventing or eliminating slums or blight or activities meeting community development needs that have a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs. In 2010, all CDBG funds were used exclusively to meet the national objective of benefiting low/moderate-income persons. CDBG Program Funding Cap Rules governing the CDBG program place a fifteen percent (15%) cap on the amount of funds that may be allocated for public services; the SThe five (5) funding priorities are: • Meeting Community Basics; • Increasing Self-reliance; • Strengthening Children and Families; • Building a Safer Community; and • Improving Health and Well-Being. City expended the maximum amount. For planning and administration, the City spent twenty percent (20%) of its total CDBG allocation, which is the full maximum that is allowed. C. PROGRAM OBJECTIVE CHANGES Program objectives were not modified in 2010. D. EFFORTS ASSESSMENT: ONE YEAR ACTION PLAN A majority of CDBG public service funded projects met or exceeded the performance measures required by,contract. Table 3A shows the objectives/outcomes for 2010 CDBG-funded projects. 9 N yy yy y yy yy yy yy C O d` d` O u" E O O O O O a) O O O a) O .i .i .r .r .r 0. U A 0. U A A A A A co C_ O ei d xk U it ¢ N it ¢ - Ot 0 m o Y U Y Y Y U i0 V i0 i0 O u .y T m 0 C n d U LU v ¢ v M 0 F O. 3 V '2 Y S F O. K S 3 > a0. V W N u V OM W O W 0 m .y a 0 W ca O o o Q C V V N N 'A 01 01 y� J Q > } V LL M N Of 01 W �1 u NJ W > > m {A m ro a a o u_ — Q 1L 9 C C O V L L 91 C C C W n N C O O O S ° v o 0E ww e � e a u O. W O. W C L' L y "rr j d E d u Z o 0 0 m 0 0 o f 0 0 W O E E a — E '^ E O '. V ~ 6 Z m Z D 'gym' Z m Z w Q "F � v v C 0] L 0] cQ L m ce L m W 7 C 0 L W C q .5 U L V C W; O 7 E W m EO O O N W O O i O y L U m L �-' L U twi Y E. 0 O W T O� m o ti W C C m W _T C C V C m V _ W m V V aU _ u L U z C m m 7 m T O U L C m i m T y > .- W O O� W -o E v, C N W ] — > C L V O V O. m W > W C J W U .- C i V O U C u m C \ u T�' m C W O U C i U W \ u O m — W C m a d L C V .. E L 0 m C W C d > C m m 01 0 U ^C w m O1 10 w E m n .� m o 3 E � w m .a m 3 E v m W 3 w n ,L., E ow � C m O1 o -O W o ? L 7 0 O U g 0 0 E tWi 3 g 3 E ? 3 C E 01 O. o f O. O w L ° 'V° > V E 3 $ L m v L 0 L O w E — m a L E 0 o 0 9 Y Y y N a O u. E O N O a U A m Y U N Q M U) N V N Q <m 3 W o m 0 N o Y N U V y W U 0 V N 1c0 � O C Y W V O U L C m C ._ y j 0 L C a N Z O C i • O � N • L 9 (7 O � 0 V1 LL V • � C W U • y �n � W O u - �n 0 iZ� O N w y v • W — Vo V V C E O C m E O O _c y 0 L C E W Y V O d C �A V_ J O � E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION, REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW RELOCATION WAS ACCOMPLISHED No CDBG or City funds were expended for activities that required relocation actions in 2010. F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY LOW/MODERATE-INCOME PERSONS No economic development activities were undertaken involving the creation/retention of jobs. G. REPORT REGARDING LOAN REPAYMENTS The City did not use CDBG funds to enter into loans. CONCLUSION The City and its funded.,programs successfully met the needs of the Kent Community in 2010. The community worked collaboratively to make strategic community investments, leverage resources and to respond to ongoing and emerging human services issues. In addition, the City expended a portion of its CDBG funds on capital projects to increase or enhance services to Kent residents. CDBG funds, local funds, and funds from other governmental entities were critical in protecting the safety net in the City and the South King County region. Z KENT Agenda Item: Consent Calendar - 7L TO: City Council DATE: March 15, 2011 SUBJECT: Misty Meadows Neighborhood Council Resolution - Adopt MOTION: Adopt Resolution No. adopting the Misty Meadows Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City's Neighborhood Program. SUMMARY: The City's Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations to promote resident-based efforts for the neighborhood improvements while also establishing a partnership between City government and the neighborhoods it serves. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee BUDGET IMPACTS: None RESOLUTION NO. A RESOLUTION of the city council of the city of Kent, Washington, recognizing the Misty Meadows Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Misty Meadows neighborhood consists of one hundred and sixty-two households occupying individually-owned lots. D. The Misty Meadows Neighborhood is located on Kent's East Hill and is situated generally to the west of 132nd Avenue SE, to the north of SE 232nd Place, along the east and west of 128th Place SE and to the 1 Misty Meadows Neighborhood Council north and south of SE 228th Place. Misty Meadows came into the City as part of the Panther Lake annexation area. The Neighborhood is shown on the attached Exhibit. E. On March 7, 2011, the Misty Meadows Neighborhood submitted an official registration form to request that the City recognize the Misty Meadow Neighborhood Council and to allow the Neighborhood to take part in the City's Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1, — Recognition of Neighborhood Council. — The City Council for the City of Kent hereby acknowledges the effort and commitment of the Misty Meadows neighborhood and all those who participated in forming the Misty Meadows Neighborhood Council. The Kent City Council hereby recognizes Misty Meadows as an official Neighborhood Council of the City of Kent, supports Misty Meadows community building efforts, and confers on the Misty Meadows Neighborhood Council all opportunities offered by the City's Neighborhood Program. SECTION 2, — Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3, — Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 2 Misty Meadows Neighborhood Council SECTION 4, - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of March, 2011. CONCURRED in by the mayor of the city of Kent this day of March, 2011. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY I hereby certify that this is a true and correct copy of Resolution No. passed by the city council of the city of Kent, Washington, the day of March, 2011. BRENDA JACOBER, CITY CLERK P:\Civil\I solution\NeighbDrhoodCou ncil Misty Meadows.docx 3 Misty Meadows Neighborhood Council Exhibit A10. r p { i..Q "r'4 Frtn� f l� ��✓�r� r��. N W � r�P�' Vi✓td/v/e'i�//� �/ ir,�Y e r "l w l� ✓i r lj, ryli i I r "' w3J �lrf✓�� G✓a�irp r / Gr re r� ey i.✓�/ �i r/.'. ✓ f i � j�p � .�G( /�l>�r��/fit d���ri/G%///�/✓l � r ] i w" r/r$i r riiVi ter�+`1 y,, UT r 4Xr 9/ 1G l/ r a / J t tit. ✓ l5? Fen ePi.`77(' r r d r 1, QJvf�r r�� i i i t w,y Wa-ty Meadom Neighborhood A-,;. 4 Misty Meadows Neighborhood Council Z KENT Agenda Item: Other Business — 8A TO: City Council DATE: March 15, 2011 SUBJECT: Smith & Lincoln Sidewalk Improvements Grant MOTION: Authorize the Mayor to accept the Smith & Lincoln Sidewalk Improvements grant of federal funds in the amount of $659,841, establish a budget for the funds, and approve expenditure of the funds in accordance with the grant terms, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Several years ago King County was successful in obtaining a federal grant from the Puget Sound Regional Council (PSRC) for the Smith & Lincoln Avenue intersection. This project will construct a new left turn lane at the intersection of Smith & Lincoln as well as new curbs, gutters and sidewalks along Smith Street. EXHIBITS: Public Works Memo dated 2/28/11, WA State Department of Transportation - Fund Authorization, and Site Map & Photo RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The City will receive $659,841 of federal funding for the Smith and Lincoln Intersection Project. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASHIWGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: January 28, 2011 To: Chair Debbie Raplee and Public Works Committee Members PW Committee Meeting Date: February 28, 2011 From: Kelly Casteel, Design Engineering Supervisor Through: Timothy J. LaPorte, P.E., Public Works Director Subject: Smith and Lincoln Avenue Intersection Improvements Acceptance of Federal Grant Item - 3 Motion: Move to recommend Council authorize the acceptance of federal funds in the amount of $659,841 for the Smith and Lincoln Avenue Intersection and direct staff to establish a budget for the funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Several years ago King County was successful in obtaining a federal grant from the Puget Sound Regional Council (PSRC) for the Smith Street/Lincoln Avenue intersection. This project will construct a new left turn lane at the intersection of Smith and Lincoln as well as new curbs, gutters and sidewalks along Smith Street. New street lights and street trees will be included as well. The Public Works Department anticipates construction of this project in Fall of 2011. The federal funds cannot be billed until they have been accepted by City Council. Budget Impact: The City will receive $659,841 of federal funding for the Smith and Lincoln Intersection Project. The project match, 13.5% is programmed in the 2011 sidewalk budget. v Washington State Transportation Building CAP Departmentof Transportation 310 Maple Park Avenue S.E. Douglas B. MacDonald P.O.Box 47300 Secretary of Transportation Olympia,WA 98504-7300 360.705-7000 TTY: 1-800-833-6388 May 31, 2006 w .vvsdotwa.gov Mr. Larry Blanchard Public Works Director City of Kent 220 Fourth Avenue South Kent, WA 98032-5895 City of Kent Smith Street LTL @ Lincoln Avenue STPUL-9917(012) FUND AUTHORIZATION Dear M �ard: We have received FHWA fund authorization, effective May 26, 2006, for this project as follows: PHASE TOTAL FEDERALSHARE Preliminary Engineering $83,000 $61,398 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-6103 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. WSDOT authorization to proceed with construction is contingent upon receipt of your Right of Way Certification. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, Stephanie Tax Manager, Program Management Highways & Local Programs Division ST:dk:ac Enclosure cc: tEd Conyers,Northwest Region Local Programs Engineer, MS NB82-12.1 Washington State RE010NOOPTI JA Department of Transports on Loc, Agency Agreement Agency City of Kent CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 220 4t11 Avenue South ProjectNo. �JT��L--' n9—c�1� J_Z- Kent WA 98031 LN . 6 - Agreement No. — For OSC WSDOT Use Only The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U.S. Code Highways,(2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r,column 3,without written authority by the State,subject to the approval of the Federal Highway Administration.All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Smith Street Left Turn Lane at Lincoln Ave. (Part of King Co Smart Growth Length 1,100 feet Termini 500 feet south of Smith St. to 600 feet east of Lincoln Avenue Description of Work This project will reconstruct the Smith Street/Lincoln Street intersection by providing a new left turn lane from eastbound Smith Street onto northbound Lincoln Avenue at the Kent Park and Ride Lot. Included in the project will be the construction of a new traffic signal system as well as the installation of new curb, gutter and sidewalk along Smith Street. The project is part of the King County Smart Growth Initiative Project. Estimate of Funding Type of Work 0) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds I Federal Funds PE a. Agency _ 51,780.00 6,990-001 44,790.00 86.5 % b. Other Consultant 14,200.00 1,917.001— 12,283.00 c. Other Non-participation __ 12,020.00 12,02NO Federal Aid d. State 5,000.00 675.00 4,325.00 Participation - --------- Ratio for PE e. Total PE Cost Estimate a+b+c+d 83,000.001 61,398.00 Right of Way f. Agency --- _g. Other_-------------- h. Other Federal Aid i.State Participation Ratio for RW j.Total WW Cost Estimate f+ +h+i T Construction k. Contract ------------------------- ---------- I.Other m. Other n. Other ----- % o Agency Federal Aid p' State Participation Ratio for CN . Total CN Cost Estimate k+l+m+n+o+ r. Total Project Cost Estimate(e+j+q) 83,000.001 21,602.001 61,398.00 Agency Official Washington State D,epprtment of Transportation By 5JL4� By Title Public Works Director Assistant Secretary for Highways and Local Programs Date Executed MAY 2 5 2008 DOT Form 140-039 EF 1 Revised 01/2004 S 'P9 fff Ui 3S AV u 1 r NZ Y 00 u pus I'LA u A o� t3 air n . c. u . . im .u.wvi P i .xv imp s f A.oa. o +mz-n i „oaa e (V f C7 ®e, a�.1 (j i1//i✓r' rb r ' V / r r// ��, "IF I 01 /i ��� / as o to milli X w� t ; XX 1 � rr ji. r - / 1r%sir rr /l // r ,rrr yyi I � %i r r ,r / Z KENT W" "'""`" Agenda Item: Bids - 9A TO: City Council DATE: March 15, 2011 SUBJECT: S. 277th ValleyCom Fiber Optics Interconnect MOTION: Award the S. 277th Street ValleyCom Fiber Optics Interconnect contract to Prime Electric in the amount of $199,058.71, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The bid opening for this project was held on Tuesday, March 8, 2011 with six (6) bids received. The low bid was submitted by Prime Electric in the amount of $199,058.71. EXHIBITS: Public Works Memo dated 3/8/2011 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Grant Funded - 2010 COPS Grant up to $150,000 of eligible costs. Remainder to be paid by Valley Cities Consortium per Interlocal Agreement - to Council for Approval on December 14, 2010. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director KENT Address: 220 Fourth Avenue S. W A S H I N c 7 o N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: March 8, 2011 TO: Mayor Cooke and Kent City Council FROM: Tim LaPorte, P.E. Public Works Director RE: S. 277th Street ValleyCom Fiber Optics Interconnect Bid opening for this project was held on March 8, 2011 with six (6) bids received. The low bid was submitted by Prime Electric in the amount of $199,058.71. The Engineer's estimate was $255,293.78. The Public Works Director recommends awarding this contract to Prime Electric. Bid Summary 1. Prime Electric $199,058.71 2. Robinson Brothers Construction $201,997.94 3. South Bay Excavating $257,129.93 4. Totem Electric $258,081.36 5. Transportation Systems $267,400.81 6. Canon Construction $287,264.60 Engineer's Estimate $255,293.78 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 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES February 15, 2011 Committee Members Present: Debbie Raplee, Les Thomas (Chair). Jamie Perry was absent and excused The meeting was called to order by L Thomas at 4:05 p.m. Les noted the committee will be moving item number four to number three. Jamie has given concurrence by phone on action items. 1. APPROVAL OF MINUTES DATED FEBRUARY 1, 2011 D Raplee moved to approve the Operations Committee minutes dated February 1, 2011. L Thomas seconded the motion and with J Perry's concurrence, the motion passed 3-0. 2. APPROVAL OF VOUCHERS DATED JANUARY 31, 2011 D Raplee moved to approve the vouchers dated January 31, 2011. L Thomas seconded the motion and with J Perry's concurrence, the motion passed 3-0. 3. MOVE TO RECOMMEND APPROVAL OF THE 2011 CONSULTANT SERVICES AGREEMENT WITH THE NATIONAL DEVELOPMENT COUNCIL, JOHN FINKE, DIRECTOR, TO PROVIDE CONSULTANT SERVICES FOR THE KENT CITY CENTER PROJECT. Ben Wolters, Economic and Community Development Director, joined Kurt Hanson at the table. Ben explained that the consultant contract with the National Development Council, which was his recommendation to the Mayor and CAO, is to achieve the objective of selling the City Center parking garage and its successful development. The parking garage was formerly known as Springboard. The National Development Council is a nationally recognized non-profit with offices throughout the United States, including Seattle, which is operated by John Finke. Ben described John's experience, his work relationship with him and the services provided by the National Development Council. He feels it is a good fit for what is to be accomplished with the parking garage. John Finke 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, John 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. Funds to cover the contract will come from a portion of escrow funds that the selected developer will be required to provide to the city. The funding for the consultant will affect the General Fund, however will be reimbursed by proceeds from the sale. D Raplee moved to recommend approval of the 2011 Consultant Services Agreement with the National Development Council, John Finke, Director, to provide consultant services for the Kent City Center project not to exceed forty thousand dollars ($40,000). L Thomas seconded the motion and with J Perry's concurrence, the motion passed 3-0. Operations Committee Minutes February 15, 2011 Page: 2 4. RECOMMEND THAT THE MAYOR SIGN THE FIRST AMENDED INTERLOCAL AGREEMENT FOR THE DIVISION OF SERVICES RESULTING FROM THE FORMATION OF THE KENT FIRE DEPARTMENT REGIONAL FIRE AUTHORITY. 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. City Attorney, Tom Brubaker, addressed "housekeeping" changes requested by the RFA. Items are: • Revise Section XII to pair it with the language in the RCW regarding additional consideration to compensate for release of the benefit charge. • Incorporate a new exhibit to pay fire department personnel to conduct accident scene investigation on hourly rate. • Incorporation of the exhibit caused page number changes so Tom would like to replace in the first paragraph the word, "amends"with "replaces", which is more appropriate for the action. Tom explained for L Thomas in more detail the Section XII revision and noted that Kent Youth and Family Services have a similar agreement with the RFA that exempts fees in exchange for services. Tom clarified that non-profits and government buildings are not necessarily exempt from the fee. D Raplee recommended that the Mayor sign the First Amended Interlocal Agreement for the Division of Services Resulting From the Formation of the Kent Fire Department Regional Fire Authority. L Thomas seconded the motion and with 3 Perry's concurrence, the motion passed 3-0. The meeting was adjourned at 4:20 p.m. by L Thomas. ��✓/I�,�� 1, �f�. Pamela Clark Operations Committee Secretary PUBLIC WORKS COMMITTEE Minutes of Monday, February 7, 2011 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee was absent. Committee members Ron Harmon and Dennis Higgins were present. The meeting was called to order at 4:00 p.m. Harmon stated that he had Debbie Raplee's concurrence on all action items. ITEM 1 - Approval of Minutes Dated January 24, 2011: Committee Member Higgins moved to approve the minutes of January 24, 2011. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. Tim LaPorte, Public Works Director explained that items 2 - 5 are related and that they will be talked about at one time; each motion will need to be made separately. Item 2- Contract/GEI Consultants - CLOMR Review Briscoe/Desi mone Levee Proiect: Design Engineering Manager, Mark Howlett and Mike Mactutis presented an informative PowerPoint Presentation. Howlett explained that the City has submitted CLOMRs for three levees; Horseshoe Bend, Hawley Road and Foster Park and that staff will be working closely with FEMA on the remaining four levees; Briscoe/Desimone, Boeing, Lower/Lowest Russell Road and SR 516 to S 231st Way. Preparing and submitting CLOMRs to the Federal Emergency Management Agency (FEMA) is the first step towards removing areas behind the levees from the flood hazard area. The CLOMR review process by FEMA can be arduous and time consuming. The best way to assure the package is ready is to conduct a peer review of the application prior to submittal. Peer review is a similar process used on complex engineering designs such as bridges. Howlett noted that the consultants selected for this peer review work have extensive experience with the FEMA certification process and are the City's primary certification consultant on other levee segments. Higgins moved to recommend Council authorize the Mayor to sign a consultant services agreement with GEI Consultants for peer review of the Conditional Letter of Map Revision for the Briscoe/Desi mone Levee Project in an amount not to exceed $19,342, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. Item 3- Contract with GEI Consultants - CLOMR Review Boeing Levee Proiect: Higgins moved to recommend Council authorize the Mayor 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 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. Page 1 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, February 7, 2011 Item 4 - Contract with Tetra Tech Inc. - CLOMR Review Lower/Lowest Russell Road Levee: Higgins moved to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech Inc. 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 the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. Item 5 - Contract with Tetra Tech Inc. - CLOMR Review State Route 516 to 231s` Way Levee: Higgins moved to recommend Council authorize the Mayor to sign a consultant services agreement with Tetra Tech Inc. for peer review of the Conditional Letter of Map Revision for the State Route 516 to 231s` Way Levee Project in an amount not to exceed $13,702, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. Item 6 - Waste Reduction and Recycling (WRR) Grant Amendment: Environmental Conservation Supervisor, Kelly Peterson stated that the King County WRR Grant will fund special recycling events for residents and businesses; purchase, distribute and promote products made from recycled materials, such as compost bins and rain barrels. This amendment provides $11,895 in additional Waste Reduction and Recycling Grant funds to the City as a result of the City's 2010 Panther Lake Annexation. Peterson stated mailers will be sent to residents and information could be found on the City's calendar of events. The Spring Recycling event will take place on Saturday, March 19, 2011, at Russell Road Park, 24400 Russell Road, Kent from 9:00 a.m. - 3:00 p.m. - No vehicles admitted after 3:00 p.m. Information on the Fall Event will be posted on the City's Web Calendar at a later date. Higgins moved to recommend Council authorize the Mayor to sign an amendment to the Waste Reduction and Recycling Grant Agreement for 2010/2011, in the amount of $11,895, and amend the budget accordingly, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was second by Harmon and passed 3-0, with Raplee's concurrence. Item 7 - Seattle-King County Health Department Local Hazardous Waste Management Program (LHWMP) Grant: Environmental Conservation Supervisor, Kelly Peterson stated that the Seattle/King County Health Department's Local Hazardous Waste Management Program Grant is used to fund collection of hazardous waste at two special recycling collection events for residents and businesses, Peterson explained the different types of items that will be accepted at the event. The City will receive $24,103.33. No match is required. Information will be available on the City's calendar of events. Higgins moved to recommend Council authorize the Mayor to accept the Local Hazardous Waste Management Program Grant for 2011 in an amount not to Page 2 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, February 7, 2011 exceed $24,103.33, and establish a budget accordingly, subject to terms and conditions acceptable to the City Attorney and the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. Item 8 — Contract/Tetra Tech Inc. — 2011 Lakes Monitoring: Environmental Ecologist, Matt Knox explained that Lake Fenwick and Lake Meridian are listed on the 303d list (the nations list of"impaired waters" compiled by the State Department of Ecology and the Environmental Protection Agency) for a number of water quality parameters. Working with the consultant, City staff will analyze progress in water quality, conditions for safe swimming and fishing, and assess aquatic weed control. The consultant will assist staff by providing expert analysis and specialized equipment necessary to investigate lake conditions. LaPorte said that staff will work with the Department of Health on septic tank failure issues. Harmon asked that information regarding septic system failures be brought back to the committee for further discussion at a later date. Higgins moved to recommend council authorize the Mayor 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 the Public Works Director. The motion was seconded by Harmon and passed 3-0, with Raplee's concurrence. Item 9 — Information Only/Cancel-Public Works Committee Meeting 2/21/2011: Public Works Director noted that the next Public Works Committee meeting falls on Presidents Day which is a holiday. He suggested cancelling the meeting due to the holiday and rescheduling it to a later date; Monday, February 28, 2011. Committee members agreed that due to the Presidents Day Holiday the Public Works committee meeting of February 21, 2011 will be cancelled. Item 10 — Information Only/Set Special Public Works Committee Meeting — 2/28/2011: Harmon noted that he would not be in attendance at the Special meeting on February 28, 2011 as he will be returning from vacation; he will have someone sit in for him. Committee members agreed that a Special Public Works committee meeting would be held on February 28, 2011 at 4:00 p.m. Item 11 — Information Only/Blue Boy Change Order: Construction Management Supervisor, Paul Kuehne gave a brief PowerPoint Presentation showing the location of the Blue Boy water tower and the particulars of the change order. Information Only/No Motion Required Page 3 of 4 PUBLIC WORKS COMMITTEE Minutes of Monday, February 7, 2011 Item 12 - Information Only/Litter Patrol: Scott Schroeder, Storm/Vegetation Field Supervisor gave an informative PowerPoint Presentation on Litter Patrol in Kent. He shared the following: • Annual weight of litter picked up per year - 160 tons per year • Annual production of yearly street mowing - 25,000,000 square feet per year • Reasons litter control and maintenance are so important - Perception, public safety and fire hazard • Numerous photos of illicit dump sites within City limits Information Only/No Motion Required Added Items: Benson Speed Study: City Engineer, Chad Bieren stated that the state has completed the speed study and that staff is waiting for their report. 761h Avenue South Flood Area Notices: Harmon noted that it appears that staff has not yet sent out notices to residents and businesses off of 761h Avenue letting them know what the City is doing to help alleviate the flooding in the area. Staff will be sending out informational notices in the near future to the residents and businesses in that area letting them know what projects are in store for that area and what the projects will accomplish. Crosswalk Lighting - on 641h Avenue South of West Meeker near Kent Elementary: Higgins and Harmon asked about the lack of lit crosswalk of West Meeker near Kent Elementary School. They asked for a more detailed explanation of why these lights cannot be energized - if that's the case. The meeting was adjourned at 5:12 p.m. Cheryl Viseth, Public Works Secretary Page 4 of 4 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, February 28, 2011 COMMITTEE MEMBERS PRESENT: Committee Chair Debbie Raplee and Committee member Dennis Higgins were present. Ron Harmon was absent. Les Thomas sat in on Harmon's behalf. The meeting was called to order at 3:34 p.m. ITEM 1 — Approval of Minutes Dated February 7, 2011: Committee Member Thomas MOVED to approve the minutes of February 7, 2011. The motion was SECONDED by Higgins and PASSED 3-0. Item 2— Information Only/S. 2281h Street Proiect -Freight Mobility Strategic Investment Board (FMSIB) - Report: Design Engineering Manager, Mark Howlett stated that staff is asking for input from the Committee regarding funding for the S. 2281h St/Union Pacific Railroad Grade Separation project. Staff will provide this information to the FMSIB Board at its upcoming meeting, which will be hosted by Kent on March 11, 2011. The Executive Director of FMSIB, Karen Schmidt, has requested that during this meeting the City provide the Board a funding plan and schedule for the S. 2281h Union Pacific, S. 2121h and Willis Street Grade Separation Projects. Howlett gave a brief explanation of what the Freight Mobility Strategic Investment Board does. He explained that FMSIB has been a funding partner for the City of Kent providing funding commitments to our S. 2281h Street Corridor, Willis Street and S. 212st Street Railroad Grade Separation Projects. FMSIB was also a funding partner for the 2771h & 1801h Street Railroad Grade Separation Projects. The City will be starting utility relocate work on S. 2281h Street this summer, a 7211storm line and a watermain replacement which are both necessary for the Railroad Grade Separation project. LaPorte stated that doing this work counts toward starting the project. The City currently does not have a complete funding package to finish the remaining grade separation projects. LaPorte asked committee members for their input. Staff needs to know what to tell FMSIB on March 11, 2011. The City needs to come up with funds or give the money back. The Committee indicated that the City should continue working on projects. Higgins noted that a review of the TMP may change the status of some projects. Information Only/No Motion Required Item 3— Smith & Lincoln Sidewalk Improvements — Acceptance of Grant: Design Engineering Manager, Mark Howlett explained what the Puget Sound Regional Council's (PSRC) purpose is. He went on to explain that several years ago King County was successful in obtaining a federal grant from the (PSRC) for the Smith Street/Lincoln Avenue intersection. The project will construct a new left turn lane at the intersection of Smith and Lincoln as well as new curbs, gutters and sidewalks along Smith Street; street lights and trees will also be included. Construction is anticipated to begin Fall of 2011. Federal funds cannot be billed until they have been accepted by City Council. Page 1 of 3 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, February 28, 2011 The City will received $659,841 of federal funding for the Smith and Lincoln Intersection project; project match, 13.5% is programmed in the 2011 sidewalk budget. After much discussion between committee members and staff it was decided that this item would move to Other Business on the March 15, 2011 Council agenda. Higgins would like the Council to review the prioritization of sidewalk projects with Council prior to voting. Higgins MOVED to recommend Council authorize the acceptance of federal funds in the amount of $659,841 for the Smith and Lincoln Avenue Intersection and direct staff to establish a budget for the funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Thomas and PASSED 3-0. This item will go under Other Business on the March 15, 2011 Council agenda. Item 4 — Amendments to the Transportation Impact Fees Ordinance: Mayor, Suzette Cooke stated that there has been a lot of discussion and reaction to the fees that have been passed. Staff has some new proposals to bring forward. Principal Planner, Matt Gilbert stated that 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. Gilbert went over the following bullet points: Background: • TIF is one of several fees that most cities assess to pay for public services and infrastructure. At the January 24 h 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. Page 2 of 3 SPECIAL PUBLIC WORKS COMMITTEE Minutes of Monday, February 28, 2011 • 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. After much discussion it was decided that this item would go to Council on March 1, 2011 under Other Business. Thomas MOVED 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. The motion was SECONDED by Higgins and PASSED 2-0. This item will go to Other Business at the March 1, 2011 Council meeting. Speakers: Andrea Keikkala, Executive Director, Chamber of Commerce, 524 W. Meeker Suite 1, Kent, spoke in support of staffs new recommendations but she would like to see the fees spread out of several years. Sam Pace, Association of Realtors, 29839 1541h Ave SE, Kent echoed Andrea's comments and thanked committee and staff for the changes. The meeting was adjourned at 4:36 p.m. Cheryl Viseth, Public Works Secretary Page 3 of 3 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION