HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 06/21/2011 CITY OF KENT
AgendaCity Council Meeting
June 21 , 2011
Mayor Suzette Cooke
Jamie Perry, Council President
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C®uncilrnernbers
Elizabeth Albertson
Ron Harmon
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Dennis Higgins
Deborah Ranniger
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Debbie Raplee
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Les Thomas
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KENT CITY COUNCIL AGENDAS
KENT June 21, 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. Legislative Update and Redistricting Doug Levy 50 minutes
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COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. Public Safety Report
5. PUBLIC HEARINGS
None
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meeting - Approve
B. Payment of Bills - Approve
C. ORCA Agreement 2011-2012 - Authorize
D. Washington State Parks & Recreation Boating Safety Program Award -
Accept
E. First Amendment to Rainier Pacific Management Lease Agreement -
Authorize
F. Washington Traffic Safety Commission Grant - Accept
(Continued)
COUNCIL MEETING AGENDA CONTINUED
G. Easement from Boeing Company for 72nd Avenue South Extension —
Authorize
H. Agreement with Puget Sound Energy for S. 228th Street
Improvements — Authorize
I. Mountain View Vista Final Plat — Approve
S. OTHER BUSINESS
None
9. BIDS
A. Horseshoe Bend Levee, Building Demolition
B. Upper Johnson Creek Restoration
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION
A. Property Negotiations
12. ADJOURNMENT
NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's
Office and the Kent Regional Library. The Agenda Summary page and
complete packet are on the City of Kent web site at www.choosekent.com
An explanation of the agenda format is given on the back of this page.
Any person requiring a disability accommodation should contact the City Clerk's Office
in advance at (253) 856-5725. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Intergovernmental Issues
2) Legislative Update and Redistricting
FINAL WEEKLY REPORT ON.THE 2011 SESSION
FOR MAYOR,COUNCIL, DEPARTMENT HEADS,;SENIOR STAFF
Doug Levy—5130111
With a flurry of votes on several bills on the budgets and bills related to the budgets,the Legislature adjourned
"Sine Die"just before 10:30 p.m. last Wednesday,thus capping 133 days of Regular Session and Special Session.
The legislative sessions were dominated by spending reductions, but also featured a reform of the workers'
compensation system, passage of some landmark environmental legislation,a new "Discover Pass" program for
State Parks,and an 11`h-hour rescue of a 2011-13 capital budget.
In all,the Legislature will have passed about 400 bills into law(thus far, 225 House bills and 148 Senate bills, with
another nine awaiting the Governor's signature on Tuesday and a handful more from Special Session en route to
signature)—of which the Governor vetoed one and partially vetoed another 25.
For cities and local governments,2011 will go down as a Session in which we saw fiscal damage kept to a bare
minimum,the Public Works Trust Fund(PWTF)restored, pension costs reduced, and significant policy bills enacted
in areas such as fiscal and regulatory relief and Real Estate Excise Tax(REET)flexibility.
For Kent in particular, 2011 will go down as an extremely productive Session,with the Legislature providing levees
funding; passing a Flood Control District levy"suppression"fix; making only minimal cuts to our Streamlined Sales
Tax mitigation; leaving annexation sales tax credit monies intact; approving the necessary funding for a Public
Works Trust Fund loan; delaying new stormwater regulations;and passing a last-night-of-Special-Session bill that
could give the Showare Center a shot at future hotel-motel tax funding. Following is an overview of how we fared
on our 2011 priority items,as well as a series of other Issues important to us and others in local government:
City's 2011 Priority Issues
• Levees: The final 2011-13 Capital Budget approved by the Legislature(F,SHR 2020) includes a$4 million
appropriation for upgrades of three levee segments along the Green River system. Here is the budget
language:
NEW SECTION. Sec. 3035, FOR THE DEPARTMENT OF ECOLOGY
Green River Flood Levee Tmprovements (30000295)
.Appropriation:
State Building Construction Account--State $4, 000, 000
Prior Biennia (Expenditures) . . . . . . . . . . . . . . . . . . .$0
Future Biennia (Projected Costs) . . . . . . . . . . . . . . . . $0
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . $4, 000, 000
While we had hoped for$6.2 million in finding,two factors resulted in the final total of$4 million: 1)the
House Capital Budget had not contained any funding; and 2) When the Legislature negotiated final levels
of cash and bonding(See below), most individual project totals had to be reduced as a result. Still,the$4
million remains one of the large project appropriations in the entire Capital Budget,and is extra satisfying
in light of the fact that the Legislature came very close to having no Capital Budget at all! We are working
on pro-rated totals for the three levee segments that likely will result in$2.07 million for Hoeing Levee
upgrades, $1.03 million for Reddington Levee upgrades(Auburn), and $900,000 for Hawley Road Levee
upgrades. We owe major thanks to our lead on this appropriation, Senator Joe Fain (R-Auburn). Senator
Karen Keiser(D-Des Moines) also was a key to this appropriation,and we had uLuform support among our
- State Representatives, Pat Sullivan(D-Covington),Mark Hargrove(R-Kent),and Dave Upthegrove and
Tina Orwall(both D-Des Moines).
Of course,the other very positive development for levee upgrades and flood-control funding came with the
passage of FHB 4969, legislation which provides a six-year fix(2012 through 2017 collection years)to
the property tax levy"suppression"problem that was jeopardizing King County Flood Control Zone
District(FCZD)funding for the coming years.
• Streamlined Sales Tax Mitigation: The final Operating Budget(E2SHB 1087)maintains nearly all of
our Streamlined Sales Tax(SST)mitigation funding, The$49,635 million in funding represents 96.6
percent of the anticipated total. The 3.4 percent cut matches the cut that the Legislature asked state
employees to take hi their pay. The 3.4 percent cut is also woven into SST mitigation for Public Facility
Districts(PFD),which includes the Showare Center.
• Protect.Wes tax credit program to incentivize large annexations: The final budget leaves this sales tax
credit program fully intact!
• Urge recapitalization of the Public Works Trust Fund(PWTF): The final "cash" version of the 2011-
13 Capital Budget(ESHB 1497)includes$325.4 million for the PWTF. This includes$8 million for
Kent's share of the Second Supply System water filtration project.
• Address Showare Center maintenance and operations needs as an eligible project if the Legislature
enacts a measure to"re-purpose"King County-only taxes imposed for stadiums(SHB 1997): Last
Wednesday,on the trust night of the 30-day Special Session,the House passed F.SB 5834 and sent it to the
Governor, The legislation reprograms the countywide 2 percent hotel-motel tax,beginning in 2021,as
follows: 37.5 percent for arts and culture(4Culturc);37.5 percent for work force housing; and 25 percent
for other capital programs. The Showare Center will be able to compete for future funding,allocated
through the King County Council, in the"other capital programs"category. However,there will be a lot of
other competition for funds in that category of funding. The 5834 legislation is extremely positive for
4Culture in that it stabilizes the organization's funding,and it is a step forward for other tourism-related
programs in King County overall. That said,the legislation is much less robust than earlier bills—be it
SHB 1997,SB 5958, or SB 5961 —that also extended a 2 percent car rental tax and a 0.5 percent food and
beverage sales tax through 2015. It became clear, though, that numerous legislators had real `trust'
problems with extending those two taxes beyond their originally-conceived sunset date of 2011.
• Transportation Investment: Last Wednesday,just before 10 p.m.,Sen. Haugen and House
Transportation Chair Judy Clibbon(D-Mercer Island),flanked by a coalition working with them,had to
give up on ESHB 2053 on transportation fees even though the Senate Floor votes to pass it appeared to be
there. The legislation would have adjusted about 18 different vehicle licensing fees, generating$85
million a biennium for state and local roads maintenance and preservation,cash and bonds for a new
passenger ferry vessel,some"Safe Routes to School" and freight mobility fonds,and$13 million in
formula funding for transit agencies(including about$2.6 million a biennium;for MFTRO). In the end,the
Senate leadership decided it could not overcome the threat of procedural maneuvers on the Floor,and
having some Senators use Floor time on 2053 to bring up issues such as driver's license privileges for
illegal aliens. The last-minute failure of 2053,which has passed the House hours earlier, left the 2011
Session as one where the status quo was preserved,and little else. The Legislature did pass ESHB 1175,
the 2011-13 Transportation Budget bill. 1175 maintains funding for most of the 421 "Nickel Package"
(2003)and"Transportation Partnership Act'(2005)projects enacted by the Legislature,but it is virtually
devoid of any new funding. The$8.9 billion budget does invest in needed maintenance and preservation,
honors a$40 million conmritrnent for the"Regional Mobility Grant Program,"provides funds for"Special
Needs"transit($25 million-$19.5 of(hat for urban areas),and provides nearly$29 million to implement
Safe Routes to Schools and Bicycle-Pedestrian Safety Grants projects. For Kent,a few positives: I)the I-
5/SR-509 project will be one of five corridors evaluated as part of a$425,000 study ofpotential"public
private partnership' financitig alternatives; 2)the Legislature directed that as ftmding allows, a tollinn
feasibility study-for the SR-freeway Extension project will also allow for continued tolling studies of
509�3)a South 20W`Park-and-Ride light rail and transit station project receives$5.2 million through the
Regional Mohift Grant Program:and 4)a Kont-Kimgley pedestrian safety pro iect receives$416 200
tarot gh the Bicycle-Pedestrian Safety Grant projarion.
i
• Unfunded Mandates—Delay 2012 date for new round of NPDES-Phase 11 stormwater permits: On
May 16,the Governor signed into law ESHB 1478. The legislation, which takes effect July 22,will delay
the next round of stormwater permits by at least one year(August 2013). Along with the stormwater
permit delay, the legislation:puts updates to Buildable Lands, GMA comprehensive plans, and shoreline
management plans on a new"once every eight years"schedule(current is emery seven years for GAM and
shoreline plans and every five yearsJor Buildable Lands);and delays alternative fuel usage requirements
for public agency fleets by three years—from 2015 to 2018.
Quick Snapshot on Other Issues associated with the"Support-Oppose" & "Track-Monitor" sections of our Agenda
Fiscal Issues, including Operating&Capital Budgets:
• 2011-13 Operatine Budeet—2ESHB 1087: IIere is a rundown of the final 2011-13 Operating Budget as
it pertains to us hi cities:
*State-shared revenues are left largely intact in both budgets. Both call for a 3.4 percent cut to criminal
justice assistance, liquor profits and excise tax revenues,and Streamlined Sales Tax (SST)mitigation, The
house and Senate asked local governments to take the same 3.4 percent cut($10 million overall, statewide)
that it asked state employees to take in their pay;
*Cities and counties are expected to pay a 25 percent share of their Basic Law Enforcement Academy
(BLEA) training costs. The budget further requires local agencies to reimburse 25 percent of
ammunitions costs. For perspective,the Association of Washington Cities(AWC)reported that,on
average, the budget represents a per-student cost of about$3,300;
*Auto theft,sex offender address verification,and anti-fraud/ID theft funding are left virtually intact. I
am awaiting further information,but preliminarily,I am told the$5.9 million appropriation for the
Washington Auto'Theft Prevention Authority will leave existing finding intact for regional auto theft task
forces.
*Public health distributions are left intact—for districts serving the Central Puget Sound: $19.063 million
for Seattle-King County; $4.516 million for the Snohomish Health District; and$5.641 million for
Tacoma-Pierce County;
*Tourism development funding would be eliminated in both budgets, though there is$200,000
appropriated to maintain a"Tourism Alliance" website;
*The Transitional Housing,Operating,and Rental Assistance(THOR)program is maintained at$7.5
million. Additionally,the Operating Budget includes $1.8 million for housing assistance geared toward
youth, and $5 million toward homeless shelters.
*Shoreline program update funding for local governments is maintained at$3.558 million,while there is
a$326,000 reduction in general growth management grants;
*The Basic Health Plan is reduced by$129 million and BHP enrollments are further curtailed.(The
Governor's Budget had proposed elimination of BHP).
*The"Disability Lifeline"program(formerly known as General Assistance far the Unemployed—GA-0
is terminated and restructured, with $64.1 million transferred for 2011-13 to assist eligible recipients with
housing and essential needs. (The Governor's Budget had proposed elimination of Disability Lifeline).
*Next generation 9-1-1 funding—"E911"—is maintained at$8.4 million (!he Governor's Budget had
proposed the transfer ofthese funds toward other purposes).
*Grants for cities that want to pursue Transfer of Development Rights(TDR) programs—Up to
$700,000 is included.
*Master Business Licensing program—The budget, and SIM 2017 passed by the Legislature, includes
$16.2 million to transfer this program from the Department of Licensing to the Department of Revenue.
• 2011-13 Capital Budget—ESHB 1497/ESHB 2020:
In my 16 years patrolling the hallways of Olympia,I have never seen a Legislature come so close to not
adopting a Capital Budget as the 2011 Legislature did. As I previously reported,the budget was
significantly threatened by a very intense and personalized standoff over whether the state should adopt a
constitutional amendment to gradually reduce the state's bonded debt limit. Up until last Monday evening,
there was disagreetuent and acrimony between Senate Members that made this a"go-home"issue and
House Members who disagreed with the idea and insisted they had nowhere near the 2/3rds majority
necessary to adopt a constitutional amendment resolution. Governor Gregoire gets kudos for convening a
marathon negotiating session that culminated at 5 a.m.Tuesday with an agreement on the debt-limit
question specifically as well as the Capital Budget overall. On the debt lhirit(SSB 5181),legislators agreed
to a statutorJ,ratcheting down of debt from the current 9 percent to 7.75 percent between 2016 and 2022, as
well as formation ora 12-member Blue Ribbon Commission that will examine debt limit issues and issue
recommendations to the Governor and Legislature by December 2011. The 5181 compromise, and the fact
that the Legislature had finally negotiated a Workers' Compensation reform bill (11112123), allowed
lawmakers to get to the finish line on bills that financed the"cash"(ESHB 1497)and "bonds"(ESHB
2020)aspects of the Capital Budget. One casualty of the negotiations is that a Capital Budget which had as
much as$1.4 billion in bonded capacity and$3 billion in overall investment ended up with$1.1 billion in
bonds and$2.7 billion in overall investment.
Here is a rundown of some key elements of the Capital Budgets:
*Public Works Trust Fund low-interest loans: The Capital budget includes$325.4 million to fund all of
the projects recommended by the Public Works Board. This includes Transportation-related projects,which
had been removed in the House version of the capital budget.
*The Washington Wildlife,Recreation,and Parks program (WWRP)is funded at$42 million
-
basically the halfway point between the IIouse's $50 million proposal and the Senate's $35 million.
However,the fail budget adopts the House approach of fully honoring the integrity of the W W RP lists as
evaluated, scored, and compiled by the Recreation and Conservation Office(RCO). The Senate had
appropriated$15 million of its funds toward a"Jobs for Recreation"category that cherry-picked projects
from various places on the RCO-submitted lists. Dent has a water-access project within the W W RP that is
slated for finding.
*Aquatic Lands Enhancement Account: $6.6 million is appropriated for"ALEA" grants.
*Salmon Recovery funding and Puget Sound restoration projects: $50 million is included for Salmon
Recovery Funding Board projects($10 million state; $40 nvillionfederal)and$15 million for Puget Sound
Restoration projects.
*Local/community projects: The"Member Request" list totals just under$16,82 million. This is a far
cry from the size and funding level of the"Member Request"list in better tunes.
*Stortnwater: The budget includes$30 million in competitive grants for stormwater projects that help
with the implementation of NPDES Phase 1/II as well as for more projects that go above and beyond Phase
I/Phase 1I compliance.
*Housing Trust fund is funded at$50 million.
*The Remedial Action Grants($63.8 million)and Coordinated Prevention Grants ($28.6 million)will
be appropriated toward the cleanup of toxic sites.
*The Boating Facilities Program and Non-Highway Off-Road Vehicle Account are funded at$8 million
and$5.5 million,respectively.
*Governor's"Strategic Reserve Fund"for economic development recruitment—$4.2 million is
transferred to the general fiord,but a$1.5 million appropriation(in the Operating Budget)allows the SKF
to continue for the recruitment and retention of major industries.
• Key Budget Provisos and Bills "Necessary to Implement"the budgets:
*HB 2123— Workers'compensation reform: This bill is clearly a case of a bi-partisan Senate, the
Governor's Office,and large employers such as The Boeing Co.holding up progress on Special Session
budgets until they achieved progress of their own on"Workers' comp." HB 2123,negotiated and passed
over the objections of organized labor,went much further than some House Democrats wanted, and not as
far as Senate and House Republicans ideally would have lilted to see. But the bill does represent a
significant restructuring of how the system deals with long-running injury claims. A centerpiece of 2123 is
the"structured settlement agreement"that allows an employer,with the cooperation of the injured worker,
to close out a claim with a settlement agreement involving a payment schedule. To begun with, the
settlement agreement option applies only to workers 55 and older;that expands to workers 53 and older
beginning January 2015 and to workers 50 and older beginning January 2016. While a formal fiscal
analysis was not done on the negotiated bill, it is touted as something that ultimately will save the state and
employers over$1 billion. Governor Gregoire called it a"historic"reform of the system;the Washington
State Labor Council called it"heartbreak." 2123 was delivered to the Governor on May 25 and she in all
likelihood will have a high-profile signing ceremony. Meanwhile,here's a link to the comprehensive Final
Bill Repoli on 2123: littp://opps.Ie .wa.uov/documents/billdocs/2011-
12/Pdf/Bill%20Repotts/1Iouse/2123 E"/o2011BR%20PL°/a2011%2�
*PERS]pension cost reductions—SSB 2021: This bill eliminates uniform cost-of-living adjustments
(Uniform COLA)provided to employees of the Public Employees' Retirement System Plan I (PERS 1)and
the Teachers' Retirement System Plan 1 (TRS 1). This COLA has been in place since 1995 and has
provided a 3 percent yearly increase on average, according to bill reports on 2021. SSB 2021 also lowers
the PERS 1 employer contribution rate from 5.75 percent to 3.5 percent. Elimination of the COLA and the
corresponding lowering of the employee contribution rate will save the state general fund$399 million in
2011-13, another$506 million in 2013-15, and $3.338 billion over 25 years. For local governments paying
into PERS 1,projected savings are$185.4 million in 2011-13,$258.3 million in 2013-15, and$1.785
billion over 25 years. One caution is that covered by PERS and IRS 1 believe they have
a legal entitlement to this COLA—so it is very possible that a lawsuit will be Filed. I would recommend
that Finance Directors book these saviors but refrain from spending them until legal issues ply out.
*Bills to reduce Law Enforcement Officers and Firefighters Plan 2(LEOFF2) contribution rates(FIB
2068, H B 2097): The Legislature did not enact either of these bills. lIB 2068 would have lowered LF,OFF
2 contribution rates and resulted in a projected 2011-13 biennium cost-savings of$15 million for the stale
and$22.9 million for local governments. Firefighters strenuously objected to 2068 and had promoted their
own bill, H B 2097,as a counter. Among other things,that legislation would have consolidated LEOFF
Plans 1 and 2 and removed the Legislature's rate-setting and rate-review authority.
*Legislation to permanently transfer 6.1 percent of Real Estate Excise Tax(RF.F.T) revenues from lire
Purhlle Works 'Trust 17and to the State General Fund—HB 2072: Cities, counties, and special districts
had significant concerns with this bill,which could have transferred more than$65 million a biennium out
of the P WTK The bill never moved out of House Ways& Means and is not in the final Operating Budget.
"Water Rights—The Legislature did not enact any fee bills related to the Department of Ecology's water
rights processing program,but did shift several million dollars from watershed planning grants and staff to
minimize the cuts to the program. The legislature specifically directed that$2.15 million in transferred
funds go toward the water rights application backlog, and further stipulated that$500,000 in funding is
conditioned on DOE processing 500 or more applications in Fiscal Year 2012.
*SSB 5862,establishing new Hydroulle Permit Approval(HPA)fees mrd penalties: The Legislature did
not enact this bill,but kept HPA program cuts to$1 million. How to structure HPA fees, how and whether
to provide the Washington Department of Fish and Wildlife(WDFW)with"civil enforcement"authority to
impose fines on HPA violators,and how to condition WDFW's `jurisdiction' or authority over HPAs, are
likely interim study/discussion topics. We were part of a coalition of cities, counties,ports,business,
contractors,and agricultural/forestry interests that successfully held off an HPA bill that we felt could
inappropriately expand the WDFW's jurisdiction.
*HB 1742,prospectively eliminating the PERS plan 30 year early retirement formula for employees,
beginning wilt those hired Judy 1,2011: This bill was not enacted or factored into the final budget. 1742
did not save state or local governments much in 2011-13,but savings would have hebxtn to accrue in 2013-
15. The fiscal note for 1742 showed state general fiords savings of$11.6 million for 2013-15,and overall
25-year savings of$943.5 million. For employers,the fiscal note showed$27.1 million in 2013-15 savings
and$2.31 billion over a 25-year period. Expect this legislation to be brought back into play next year.
*Liquor distribution privatization—ESSB 5942: With this legislation,the state takes steps toward
privatizing its liquor warehousing and distribution business. The bill calls for the Office of Financial
Management(OFM),wlthin 120 days of the effective date,to commence a competitive Request for
Proposals(RFP)process for privatizing the system. Among other things,proposals must demonstrate how
a"positive financial benefit'for state and local governments would be achieved. Undoubtedly,as the
election season draws nearer and Costco and others again promote an initiative to privatize liquor sales,
5942 will be hotted out as evidence that the state is looking at privatization already. Stay tuned!
*sB 5941,establishing surcharges on court filing fees: This legislation establishes$10,$15,and$20 filing
fee surcharges and will result in new revenue both for the state and for Superior/District courts. House
amendments: 1)Changed what had been a 50/50 state and local split to a 75 percent(state)and 25
percent(local) revenue split;and 2)Changed what had been a permanent set of surcharges to a series of
surcharges that sunset at the end of the 2011-13 biennium. Our own Judge Phillips had pointed out that,
in a few instances. Municipal Courts handle cases(for example, towing impound hearings)that should
qualify for the surcharge. However,we learned the number of cases which go to Municipal Courts are a
negligible amount—less than 500statewide between 2008-10. As a result while an amendment to allow
Municipal Courts to share in any surcharge revenue made good public policy sense on a fairness front we
did not go forward with it. The bill sponsor was opposed to including Municipal Courts in the bill.
Infrastructure/Economic Development:
• ESHB 2048,continuing and enhancing the surcharge on document-recording fees for housing: We were in
support of this legislation,which passed the House on the final day of the Special Session but died on the
Senate Floor for many of the same reasons that 2053 did. ESHB 2048 would have continued the$30
surcharge through 2017 and in fact bumped it to$40 for the 2011-13 and 2013-15 biennia. It had support
from a coalition of housing,private-sector landlord,and local government interests.
• HB 1953,provid ng.cities and counties with temporary flexibi1i to use a portion of their existing Real
Estate Excise Tax(BEET)revenues toward maintenance and operations needs. The Governor signed this
bill into law May 16, and it takes effect July 22, HB 1953 provides cities and counties with the option to
use whichever is greater--$100,000 per year, or up to 35 percent of annual Real Estate Excise Tax(REET)
revenues—toward operating and maintenance costs of existing capital facilities. There is a$I million cap
on overall M&O expenditures a year. The local option sunsets Dec. 31,2016. We supporter!1953.
• ESSB 5844/SHB 2040,revising policies on infrastructure financing assistance. Neither of these bills
passed,but the final Capital Budget includes direction from 5844 to have the Public Works Board develop
and submit to the Legislature an implementation plan to reform local infrastructure assistance programs.
• ESSB 5253,Cascade Land Conservancy(CLC)promoted legislation offering cities a form of tax-
increment financing assistance In exchange for accepting additional density through Transfers of
Development Rights(TDR). The Governor signed this bill into law May 12 during a CLC breakfast. It
takes effect July 22. We supporter?5253.
Law Enforcement,Courts,Jails,Liability Issues:
• Medical Marijuana legislation—SB 5955: This bill prime-sponsored by Sen. Jeanne Kohl-Welles (D-
Seattle)appeared to pass the Senate Ways&Means Committee on May 20—but not enough Senators put
their name on a"signature sheet'necessary to formally pass all bills out of Senate and House committees.
5955 as amended would have authorized a pilot program whereby cities in counties of 200,000 population
or more were given the discretion to allow"Non-Profit Cooperatives" in theirjurisdiedon to sell medical
marijuana. Kohl-Welles pushed the legislation after Governor Gregoire vetoed most of the key sections of
E2SSB 5073,which would have authorized a system of medical marijuana dispensaries in our state. We
had concerns with both of tlicso bills, so the outcome is a pretty favorable one for us.
Transportatlon/Transit—In General
• SHB 2053&ESSB 5251,new fees for transportation: See above for a description of what occurred with
SHB 2053. Meanwhile,ESSB 5251,which would have placed a new$100 fee on the renewals of electric
vehicle licenses, "died"on the IIouse Floor Calendar. It included a provision ensuring that after license
proceeds topped$1 million, 15 percent of the revenues would have been distributed to the Transportation
Improvement Board(TIB)and 15 percent to the County Road Administration Board(CRAB).
5/31/2011
P
l `
o wns::i:DN
C I T I E Sn
2011 LEGISLATIVE OUTCOMES
Ashley Probart Candice Bock
Legislative a Policy Advocate Legislative It policy Advocate
Dave Williams Victoria Lincoln
Legislative 8 Policy Advocate Legislative& Policy Advocate
Mike McCarty, Chief Executive Officer -
Association of Washington Cities
E�f
,
CiiTie O� '>
CiiES '
2011 Legislative Session Overview
105-day regular session' 30-day special session
AWC Major Legislative Priorities --.- =
Public records&personnel {
Fiscal®ulatory flexibility
Strategic infrastructure investment 1e;
Tax increment financing ,Major Issues
State budget
Debt limits
Workers compensation x 'r
AWC Emphasis 3 - -
AWC'smajorpriorities a•
Retain state-shared revenues
Defend against unfunded mandates -
&bills harmful to cities .>g
1
5/31/2011
' ® _ : } .
v SOUA M,oN rit
CiTiES
i
a SSOCIAMN _ • ® s Sic ems; _
CiiiES
Overview
❑ Total budget: $32.2 billion
❑ Total spending reduction: $4.5 billion
❑ State reserves remaining: $723 million
❑ Major cuts to social services and education
$1 billion from K-12
$618 million from higher education
Hundreds of millions from social programs
2
5/31/2011
e 1
o SOOIATION } X
CiTiES
State Shared Revenues
❑ State shared revenues reduced by 3-4% including:
Liquor Excise Tax
Liquor Revolving Fund (profits)
Streamlined Sales Tax Mitigation Account
Municipal Criminal Justice Account
City-County Assistance Account (6050)
Equates to about $10 million of state shared revenues transferred
to the state's general fund
z' aqx a e
�of wOi I xT iON ��yv -3fS
C I�ht F`. mm
zm }
AWC Major Priority
Strategic Infrastructure Investment
❑ Public Works Trust Fund
- $325 million
- Fully funds the PWB adopted list
❑ Community Economic Revitalization Board
$5 million
❑ Washington Wildlife and Recreation Program
$42 million
Cities use grants for park and recreation facilities
3
5/31/2011
e . o
o SOCIATION
CITIES 's �;, -
AWC Major Priority
Strategic Infrastructure Investment
❑ Stormwater grants for NPDES cities and counties
- $30 million
Requires 25% match
• Salmon recovery funding (SRF) and Puget Sound restoration projects
- $70 million in federal pass-through funding for SRF projects administered by
the Recreation and Conservation Office
$15 million for Puget Sound restoration grants
• Drinking water assistance/Safe drinking water
$49.9 million in federal pass-through dollars
$48 million transferred from the Public Works Trust Fund to the Drinking Water
State Revolving Fund
o 50C un oN
G I B E S
Liquor Privatization
ESSB 5942: Warehousing and distribution of liquor
(Passed both Houses)
Provides competitive bidding process
Does not impact state liquor stores
Proposals must demonstrate a net positive financial benefit to state and
local governments
OFM to conduct fiscal impact statement on all proposals
Upfront payment in 2011 —2013 biennium required; If more than $100
million, stale may only receive 1/6 each fiscal year
4
5/31/2011
CiIiES
Land Use Et Housing
ooS50[IATION 0. -
1 w�)M
Ci11ES :�'�"
AWC Major Priority
Fiscal & Regulatory Flexibility
❑ ESHB 1478: Fiscal relief(Governor signed)
Extends time between mandated growth management and shoreline updates
(8 years)
- Extends time between GMA"Buildable Lands' reports(8 years)
- Allows impact fees to be held for up to 10 years rather than six years
- Sets benchmark for Ecology to review local shoreline plans- 180 days
- Delays next pavement preservation rating report requirement for two years
Delays requirement to convert fleet vehicles to electric or biofuels to 2018
- Delays new stormwater requirements(new NPDES Phase II permit) by one year
Delays new rules on reclaimed water by one year(Ecology)
Effective date July 21, 2011
5
5/31/2011
ASSMIATION
C i i E S t -
AWC Priority
Fiscal & Regulatory Flexibility
❑ HB 19521 SB 5657: State Environmental Policy Act (SEPA)
Would have modified SEPA so that SEPA review would only be
necessary for projects and actions not already addressed by existing
regulations
Did not advance this session
r --
��
o w0i I xTION
Ci I�iES
Other Bills That Did Not Advance This Session
❑ EHB 1702: Mandating timing and process for collection of
impact fees (AWC opposed)
- Would have required local governments that collect impact fees to set
up a process by which such fees could only be collected late in the
development process-at the time of closing or at the time an
occupancy permit is issued
❑ SHB 1081: Siting of small alternative energy facilities (AWC
opposed)
- Would have preempted local permitting of small alternative energy
facilities for local governments that do not have specific ordinances in
place for siting of such facilities
6
5/31/2011
; C k
oSS°i:.noN
CiTiES
Lava `Et Justice
o w0CCIIMTION -
�t
Ci i HS -
State Budget Impacts
❑ Basic Law Enforcement Academy
- Requires locals to pay 25%
- Cost to cities will be approximately$750 per student
- Also requires agencies to supply their own ammunition
U Public defense grants
- Maintains funding for the Office of Public Defense
U Auto Theft Prevention Authority
- $5.9 million
U Offender early release & DOC supervision reductions
Estimated general fund savings of$10 million -
7
5/31/2011
l 1 ti s�trC
� H
• I ye 0.
ASSOCIATION
CITIESr`,, z .rs ,� _
Bills That Passed
❑ SSB 5195: Driving with license suspended
Allows prosecutors to require all DWLS3 charges to be filed by the
prosecutor's office
❑ E2SSB 5000: DUI impound
- Mandates a twelve-hour impound hold on motor vehicles used by persons
arrested for driving under the influence
❑ SSB 5168: Reducing gross misdemeanor sentences by one day
- Lowers the maximum imprisonment for a gross misdemeanor to 364 days
❑ E2SSB 5073: Medical cannabis
- Partially vetoed by Governor
of SOCIei ON
Ci�i iES
i• ��,a'+ z'3f
Bills That Did Not Advance
U SB 5955: Medical cannabis
- Establishes a registry,further defines collective gardens,and allows for
nonprofit patient cooperatives subject to local approval
❑ HB 1126 /SB 5799: Additional tools for combating gang activity
- Comprehensive gang legislation that included intervention, prevention,
and law enforcement tools
❑ SB 5630: Requiring all judges to be elected (AWC opposed)
- Would have required all municipal court judges, even part-time ones, to be
elected
8
5/31/2011
1c#,�nE
ON
OF WASSASH xaT
CiTiES
t_
i
Infrastructure, Economic
Development Ft Transportation
dam
k h �
; z
or
„na„ -
CiTiES
Um
AWC Major Priority
Fiscal & Regulatory Flexibility
Cl HB 1953: Real Estate Excise Tax (REET) flexibility (Governor signed)
- Enables cities and counties to use REET for operations and maintenance
within eligible REET categories
All cities and counties may use the greater of$100,000 or 35 percent of funds,
max. $1 million per year
Also enables the second-quarter BEET to be used for debt service.
- Provisions sunset in 2016
9
5/31/2011
o,w°;ti.n
ciriES
Other Bills That Passed
❑ E2SHB 1634: Dig law reform
Requires all underground facility operators to subscribe to a one-number locator
service
Requires that every event where damage occurs to an underground facility be
reported to Utilities and Transportation Commission's Damage Information
Reporting Tool
- Establishes a dispute resolution process for violations relating to underground
utilities
Creates state and local governments notification requirements when permitting
structures or excavation within 100 feel of a transmission pipeline right-of-way
❑ HB 1730: Taxable bond issuance flexibility
Clarifies how cities can delegate bond purchase and refinance authority to a
designated official
o SOCIATIOH
c i i"i"E s
AWC Major Priority
Tax Increment Financing
❑ HB 1881 I SS 5705 & HJR 4217 1 SJR 8213: Tax Increment Financing
(TIF)
- Would have enabled cities and towns to create a tax "increment district"to
finance public improvements using increased revenues from local property
and/or sales taxes
Accompanying constitutional amendment would have allowed for
implementation
Did not advance this session
10
5/31/2011
a.:°i:WN ® ® ®
*w�'
CiTiES
AWC Major Priority
Strategic Infrastructure Investment
❑ Street maintenance utility — voter approved
Would have enabled a voter-approved street maintenance utility using a trip
charge
Would have allowed cities to fund street& sidewalk maintenance
Did not advance this session
❑ HB 1095, HB 1099, SHB 1279, & SB 5301: Photo enforcement
Some of these bills would have restricted photo enforcement authority. Others
would have enhanced or clarified
None of the bills advanced this session
or wOOATION
C, , i�E 5
Genera�l'Goverrinne,r t !
u M -.
0 ,
s u
I ,III 1,
,
11
5/31/2011
� H
4
-
CiTiES
AWC Priority: New Approaches to Contain
Public Records & Personnel Costs
❑ HS 1300 I SB 5088: Cost recovery
Would have allowed agencies to charge the actual personnel costs for any
request that exceeds five hours of staff time per month
Did not advance this session
❑ HB 1299 J SB 5089: Meet & confer
Would have provided for a voluntary conference between an agency and a
requestor before any court action was filed- If either party refused to confer, the
court could choose not to impose daily penalties
Did not advance this session
wor„nay kk
CITIES
AWC Priority: New Approaches to Contain
Public Records & Personnel Costs
❑ HB 1899: Changes penalty limits to $0 - $100/day (Governor signed)
Allows court discretion to award no daily penalties for a Public Records Act
violation. Minimum is currently$5 per day
❑ SB 5025: Inmate requests (Governor signed)
- Prohibits a court from awarding penalties for an agency's failure to provide
records to a person serving a criminal sentence, unless the records were
denied in bad faith
❑ SB 5098: Exempts personal information of minors (Governor signed)
- Exempts from public disclosure the personal information of a participant in a
public or nonprofit program serving children or students
12
5/31/2011
MR
v°Oii*°N a p '�'
CMES - fi y c
.�
ti
Other Public Records Bills
❑ HB 1044 1 SB 5237: Establishing the Office of Open Records
- Would have created a voluntary appeals process through a new state
agency.Office would have been funded through user fees
Did not advance this session
U SB 5693: Metadata
- Would have defined"copy"for the purposes of the Public Records Act
Would have addressed state Supreme Court's metadata decision
- Did not advance this session
AS SOCIA`ION
Ci i iES
Env ohment Na er .
13
5/31/2011
.3.
ASSOCIATION
r x
Ci7iES
Bills that Did Not Advance
❑ HB 1735 !SB 5604: Clean water jobs
- Would have established a new fee on petroleum products with revenues to be
used for projects and activities that address stormwater runoff
❑ SSB 5862: Hydraulic project approvals (WDFW)
First-ever fees for HPA permits
Could modify and expand areas subject to HPA permits
- New civil enforcement authority
❑ SB 5934: Water rights processing reform (Ecology)
New fees for applications and holders of rights
Other policy changes
W 2,
oASSO`rvTI oN -
CI I IES
Per.sone�l,=fit`!=�`l�ab;o,r�° ,
F�elations >
I� Ir ii�tlf i�ir� -i =
14
5/31/2011
I Sn4� i
ASSOCIATION
CiTiES
x
AWC Priority: New Approaches to Contain
Public Records & Personnel Costs
❑ HB 1377 1 SB 5762: Binding arbitration criteria
Would have amended arbitration criteria to consider factors such as:
Ability to pay
Economic conditions
Regional characteristics
Qualifications of the arbitrator
.Did not advance this session
' I f lit llli l � R _
• ® $ {��3Y
ASSOCIATION
eSx �
CiIIES
Other Bills That Did Not Advance This Session
❑ HB 14451 SS 5354: Presumptive disease (AWC opposed)
Would have created new presumptive workers compensation coverage for occupational
disease for law enforcement officers who die as a direct and proximate result of a heart
"problem"or stroke
Would have expanded the existing firefighter presumption to include strokes if they
occur within 72 hours of exposure to smoke,fumes,or toxic substances,or experienced
within 24 hours of strenuous events
U SHB 1444: Duty-related death benefits, remarriage of spouse (AWC
opposed)
- Would have allowed the surviving spouse of a LEOFF Plan 2 member killed in the
course of employment to remarry and continue receiving workers' compensation
survivor benefits
Surviving spouses who already had their benefits suspended due to remarriage would
have had their benefits resume
15
5/31/2011
MR ■ l .hr > 9 3 r P
ASSOCIATION
CitiES
)ail t r
Workers Compensation Bills
❑ HB 2123: Workers' compensation reform (Passed both Houses)
A voluntary structured settlement system for older injured workers(beginning
at age 55 and moving to age 50 by 2016)
A"Stay at Work'program that would provide a subsidy for state fund
employers who provide light duty options for injured employers to keep them
on the job
A one year COLA freeze on pension benefits
Creation of a rainy day fund
Study provisions in areas like fraud prevention and occupational disease
WATA
• / t t'' 2)� Ji
�pS wOyI xTION
C `
CI DIES -
r s . .
Pension Bills
❑ HB 2021: Limiting the annual increase in PERS 1 & TERS 1
(Governor signed)
- Governor request legislation
Eliminates automatic COLA increase for PERS 1 retirees
- Decreases employer contribution for PERS 1 liability from 5.25%to 3.5
Estimated$524M state savings in 2011-2013
Estimated$389M local government savings in 2011-2013
❑ HB 2070: Determining average salary for pensions
(Passed both Houses)
Would include any forgone compensation in final average salary due to reduced work
hours,mandatory leave without pay,temporary layoff, and pay reductions if due to
employer budget cuts
Would require certification as pad of employer plan
Would not include elimination of previously agreed upon salary increases
16
5/31/2011
A _5 s
_ N
-
M�5 N6MM F'
CITIES
Lobbyists: Legislative Assistant:
Ashley Probart Candice Holcombe
ashleyp@awcnet.org candiceh@awcnet.org
Issue areas: Economic development,
Infrastructure, pensions Analysts:
Dave Catterson
Candice Bock davec@awcnet.org
candiceb@awcnet.org Issue areas: Economic development,
Issue areas: Housing, law Et justice, energy, environment Et water, infrastructure,
personnel,social services land use
Dave Williams Serena Dolly
davew@awcnet.org serenad@awcnet.org
Issue areas: Environment Et water. housing, Issue areas: General government, law R justice.
land use social services
Victoria Lincoln Sheri Sawyer
victoria)@awcnet.org sheris@awcnet.org
Issue areas: Energy, general government, Issue areas:Municipal finance, personnel,
municipal finance, stale budget, stale budget, telecommunications
telecommunications
ho c� 360-753-4137
17
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) Public Safety Report
PUBLIC COMMENT
Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through I.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the regular Council meeting of June 7, 2011.
7B. Approval of Bills.
Approval of payment of the bills received through May 31 and paid on May 31
after auditing by the Operations Committee on June 7, 2011.
Approval of checks issued for vouchers:
Date Check Numbers Amount
5/31/11 Wire Transfers 4625-4644 $1,349,816.32
5/31/11 Regular Checks 653657-654004 2,667,018.60
5/31/11 Use Tax Payable 2,653.99
$4,019,488.91
Approval of checks issued for payroll for May 1 through May 15 and paid on
May 20, 2011:
Date Check Numbers Amount
5/20/11 Checks 323002-323251 $ 148,685.73
5/20/11 Advices 283081-283721 1,237,672.24
$1,386,357.97
Approval of checks issued for payroll for May 16 through May 31 and paid on
June 3, 2011:
Date Check Numbers Amount
6/3/2011 Checks 323253-323506 $ 166,809.84
Voids & Reissues 323252 (21.46)
6/3/2011 Advices 283722-284361 1,230,921.10
$1,397,709.48
y RCN i Kent City Council Meeting
June 7, 2011
The regular meeting of the Kent City Council was called to order at 7:00 p.m. by
Mayor Cooke. Councilmembers present: Harmon, Higgins, Perry, Ranniger, Raplee,
and Thomas. Councilmember Albertson was excused from the meeting. (CFN-198)
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. (CFN-198) CAO Hodgson added an
Executive Session to discuss property negotiations, with no action expected when the
regular meeting reconvenes. The Council President added Consent Calendar Item J,
an excused absence for Councilmember Albertson.
B. From the Public. (CFN-198) Public Comment Items A, B and C were added at
the request of audience members.
PUBLIC COMMUNICATIONS
A. Public Recognition. (CFN-198) No public recognition was given.
B. Community Events. (CFN-198) Ranniger announced upcoming community
events, and Raplee announced events at ShoWare.
PUBLIC COMMENT
A. City Budget. (CFN-186) Casey Parker, 22916 100th Street Court East, Bonney
Lake, asked whether there is a budget deficit; Mayor Cooke responded that the City is
required to have a balanced budget at the end of the year, that cash flow fluctuates
during the year, and that money is tight.
B. Lifeiacket Reguirements. (CFN-122) Don Skakie, 4313 SE 2nd Place, Renton,
98059, noted that yesterday the King County Council referred to committee a
proposed ordinance requiring lifejackets for every man, woman and child on major
waterways within King County. He added that there would be an $86 fine for not
complying. Skakie said in the current economic conditions, the purchase of lifejackets
may not be possible for many people, and that law enforcement officers will be
detracted from their other duties when enforcing this ordinance. He urged the City
Council to take this matter into consideration and to ask the King County Council not
to adopt the ordinance.
C. Medical Marijuana. (CFN-1320) Mayor Cooke noted that many people in the
audience are here to speak about enforcement of the medical marijuana law, and
outlined the process to be used tonight. She read the City's press release, and noted
that letters recently went out to businesses which dispense medical marijuana, and to
those who rent or lease property to such businesses, requesting that they cease such
activity.
Ezra Eichmeyer, 4930 Center Road, Chimacum, representing the Washington
Cannabis Association, asked for the City's help in maintaining safe access for patients.
He said the only two options are non-profit patient cooperatives and the black market.
He provided copies of an article regarding Vermont's governor signing a bill for
1
Kent City Council Minutes June 7, 2011
dispensaries and an article regarding the Federal government working with states to
resolve medical marijuana issues.
The following people spoke about the benefits of medical marijuana over pharma-
ceutical medications, and the dangers of buying medical marijuana on the black
market:
Katherin Ranzoni, 830 Stetson Avenue, Kent
Kim Bell, 23611 106th Avenue SE, Kent
Koli Bolden, 27400 132nd Avenue SE, Kent
Justin Vance, 25411 137th Avenue SE, Kent
Charles Lambert, 124 Central Avenue North, Kent
Lee Ann Cook, 17827 122nd Court SE
Mike Cook, 17827 122nd Court SE
Some speakers stated that the existing businesses are clean and professional, and all
encouraged the City to work to provide safe access to those who need it.
Don Skakie, 4313 SE 2nd Place, Renton, opined that the Council is acting preemptively
since the law will not change until July 22, 2011, and suggested that they hold a
public hearing.
Councilmember Harmon provided copies of a letter from Governor Gregoire explaining
her recent action relating to the medical use of cannabis. The City Attorney noted
that he had provided Councilmembers with a packet of information on dispensaries in
Kent.
Perry moved to make the articles submitted by Mr. Eickmeyer, the letter from the
Governor, and the packet of information from the Legal Department, a part of the
record. Thomas seconded and the motion carried.
CONSENT CALENDAR
Perry moved to approve Consent Calendar Items A through J. Thomas seconded and
the motion carried.
A. Approval of Minutes. (CFN-198) Minutes of the workshop and regular Council
meeting of May 17, 2011, were approved.
B. Approval of Bills. (CFN-104) Payment of the bills received through April 30 and
paid on April 30 after auditing by the Operations Committee on May 17, 2011, were
approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
4/30/11 Wire Transfers 4588-4604 $2,198,299.66
4/30/11 Regular Checks 651881-653298 2,938,008.89
4/15/11 Use Tax Payable 1,627.21
$5,137,935.76
2
Kent City Council Minutes June 7, 2011
Payment of the bills received through May 15 and paid on May 15 after auditing by
the Operations Committee on May 17, 2011, were approved.
Checks issued for vouchers were approved:
Date Check Numbers Amount
5/15/11 Wire Transfers 4605-4624 $1,851,862.17
5/15/11 Regular Checks 653299-653656 1,694,079.04
4/15/11 Use Tax Payable 1,559.82
$3,547,501.03
Checks issued for payroll were approved for April 16 through April 30 and paid on
May 5, 2011:
Date Check Numbers Amount
5/5/11 Checks 322754-323001 $ 166,741.86
5/5/11 Advices 282443-283080 1,219,219.17
$1,385,961.03
C. Olympic Pipeline Franchise Ordinance. (CFN-274) Ordinance No. 3998
granting Olympic Pipe Line Company a nonexclusive franchise for the transportation
of petroleum products within the City of Kent was adopted.
D. 4Culture Grant. (CFN-118) The grant from 4Culture Sustained Support in the
amount of $17,000 was accepted, and the Mayor was authorized to sign all necessary
documents, amend the 2011 Kent Arts Commission Budget, and expend the funds in
accordance with the grant agreement, subject to final terms and conditions
acceptable to the City Attorney.
E. Cascade Land Conservancy Consultant Services Aareement. (CFN-118) The
Mayor was authorized to sign the agreement with Cascade Land Conservancy in the
amount of $38,549 for implementation of the Green Kent Partnership, subject to final
terms and conditions acceptable to the City Attorney.
F. Puget Sound Enerav Limited Use Permit. (CFN-118) The Mayor was
authorized to sign Puget Sound Energy's Permit for Limited Use of Operating Property
for Uplands Playfield, Uplands Extension, the Rotary Basketball Court, and the Lions
Skatepark, subject to final terms and conditions acceptable to the City Attorney.
G. Addendum No. 2 with Kent School District for Joint Use of the Community
Center at Phoenix Academy. (CFN-118) The Mayor was authorized to sign
Addendum Number Two with the Kent School District for Joint Use of the Community
Center at Phoenix Academy, subject to final terms and conditions acceptable to the
City Attorney.
H. 640 Zone Water Reservoir Painting Contract. (CFN-1310) The Mayor was
authorized to sign an Agreement with Hennig Mural Design, Inc. for Painting the 640
Zone Water Reservoir in an amount not to exceed $49,433.75, subject to final terms
and conditions acceptable to the City Attorney and Public Works Director.
3
Kent City Council Minutes June 7, 2011
I. 84th Avenue Improvements (East Valley Highway). (CFN-1306) The 84th
Avenue Improvements (East Valley Highway) project was accepted as complete and
release of retainage to R.W. Scott Construction Company, upon receipt of standard
releases from the state and the release of any liens was authorized. The original
contract amount was $ 3,596,417.93. The final contract amount was $4,122,837.30.
J. Excused Absence. (CFN-198) An excused absence from the June 7, 2011,
meeting for Councilmember Albertson was approved.
BIDS
A. Corrections Facility Boiler Replacement & Heatina System Uparades.
(CFN-120) Parks & Community Services Director Watling explained that this project
is to replace an aging boiler, and noted that bids received on April 21 were all
$50,000 over the estimate, and the project was rebid. He stated that two bids were
received on May 26, and recommended award to the low bidder. Ranniger moved to
award the Kent Corrections Boiler Replacement and Heating System Upgrades project
contract to Design Air, Limited, in the amount of $129,450, excluding Washington
state sales tax, and to authorize the Mayor to sign all necessary documents, subject
to final terms and conditions acceptable to the City Attorney. Perry seconded and the
motion carried.
B. 2011 Sewer Improvements. (CFN-1038) Public Works Director LaPorte
explained the project and noted that five bids were received. He recommended
award to the low bidder. Raplee moved to award the 2011 Sewer Improvements
project contract to MidMountain Contractors, Inc. in the amount of $2,363,636.01 and
to authorize the Mayor to sign all necessary documents, subject to final terms and
conditions acceptable to the City Attorney and Public Works Director. Harmon
seconded and the motion carried.
REPORTS
A. Council President. (CFN-198) No report was given.
B. Mayor. (CFN-198) No report was given.
C. Administration. (CFN-198) Hodgson reminded the Council of the Executive
Session on property negotiations which was added to the agenda, and said it could
last up to 30 minutes.
D. Economic & Community Development Committee. (CFN-198) Perry
announced that the June meeting has been cancelled.
E. Operations Committee. (CFN-198) No report was given.
F. Parks and Human Services Committee. (CFN-198) No report was given.
G. Public Safety Committee. (CFN-198) Harmon noted that the next meeting will
be at 5:00 p.m. on June 14.
H. Public Works Committee. (CFN-198) Raplee announced that letters regarding
the Transportation Committee have recently gone out and that meetings will begin
soon.
4
Kent City Council Minutes June 7, 2011
I. Regional Fire Authority. (CFN-198) Raplee noted that the next meeting is in
two weeks and that the budget process will begin at that time. Thomas reiterated
that the SeaTac exploratory committee has been suspended indefinitely, and noted
that the Tukwila exploratory committee will not be meeting in June and July. He
added that he and Councilmember Raplee recently attended an excellent RFA
conference in Chelan.
EXECUTIVE SESSION
The meeting recessed to Executive Session at 7:58 p.m. At 8:48 p.m., the City
Attorney announced that an additional ten minutes is required. The meeting
reconvened at 8:58 p.m.
ADJOURNMENT
The meeting adjourned at 8:58 p.m. (CFN-198)
Brenda Jacober, CMC
City Clerk
5
KENT Agenda Item: Consent Calendar — 7C
TO: City Council
DATE: June 21, 2011
SUBJECT: ORCA Agreement 2011-2012 — Authorize
MOTION: Authorize the Mayor to sign the One Regional Card for All (ORCA)
Agreement for 2011-2012, between the City and King County, Sound Transit,
Community Transit, Kitsap Transit, WSF, Everett Transit, and Pierce Transit in order
to provide a comprehensive transportation pass available to 350 regular, benefited
employees. The total cost of this agreement is $64,249.50.
SUMMARY: The City contracts with King County for the sale of ORCA cards. The
ORCA Program allows for eligible Commute Trip Reduction (CTR) employees to choose
from a variety of non single occupancy vehicle commute options. The ORCA card is
valid for any service operated by King County Metro, Community Transit, Everett
Transit, Kitsap Transit, Sound Transit and Pierce Transit. The pass will also serve as a
vanpool pass for all employees that choose that option.
EXHIBITS: ORCA Agreement for 2011-2012
RECOMMENDED BY: Operations Committee
BUDGET IMPACTS: None
AGREEMENT FOR PURCHASE OF ORCA BUSINESS CARDS AND
ORCA BUSINESS PASSPORT PRODUCTS
THIS AGREEMENT(hereinafter, "Agreement") is made and entered into by and among City of Kent
("Business Account") and King County Metro Transit ("Lead Agency") on behalf of the following Agencies
(collectively referred to as the "Agency" or"Agencies").
The Snohomish County Public Transportation Benefit Area ("Community Transit")
The City of Everett ("Everett Transit")
King County Department of Transportation, Metro Transit Division ("King County")
The Kitsap County Public Transportation Benefit Area ("Kitsap Transit")
The Pierce County Public Transportation Benefit Area Corporation ("Pierce Transit")
The Central Puget Sound Regional Transit Authority ("Sound Transit")
The State of Washington acting through the Washington State Department of Transportation,
Washington State Ferries Division ("WSF")
IN CONSIDERATION of the mutual covenants contained herein, the sufficiency of which is hereby
acknowledged,the Parties agree as follows:
1.0 PURPOSE
1.1 This Agreement establishes the terms under which certain fare payment-related services,
referred to herein as"ORCA Services,"will be provided to the Business Account, including but
not limited to the prices and terms under which the Business Account may purchase and
distribute ORCA Business Cards loaded with a Business Passport Product to its Eligible Business
Cardholders. Such ORCA Business Cards may be used to access certain Transportation
Services of the Agencies.The specific ridership privileges applicable to the Business Passport
Product provided under this Agreement are specified in Attachment 1, Products, Pricing and
Terms, which is incorporated in this Agreement by this reference, and are subject to Sections 6
and 16 below.
1.2 Attachment 1 also establishes the terms under which specific optional products and services (e.g.
use of an ORCA Business Card on vanpool; a guaranteed ride home program), if any, shall be
provided by one or more individual Agencies.
1.3 This Agreement also enables the Business Account to purchase Business Choice Products from
the Agencies, via the Business Account Website, at the prices and terms in effect at the time of
purchase.
1.4 The Business Account understands and agrees that this Agreement applies to its use of ORCA
Services including, but not limited to, its purchase of ORCA Business Cards and ORCA Products.
This Agreement does not constitute a contract for transportation services. The Agencies have no
obligation to the Business Account or any other entity or person to provide any particular level,
frequency or routing of transportation service.
2.0 TERM OF AGREEMENT AND CONTACT PERSONS
2.1 This Agreement shall take effect upon the effective date specified in Attachment 1. Unless
terminated in accordance with Section 12,this Agreement shall continue in effect for one (1) year,
or such other term as may be specified in said Attachment 1.
2.2 The Business Account shall designate a Primary Contact Person in Attachment 2, Designated
Representatives, which is incorporated in this Agreement by this reference. This Primary Contact
Person shall be responsible for managing the Business Account's roles and responsibilities under
this Agreement. A Secondary Contact Person shall also be designated in Attachment 2. The
Lead Agency may communicate with and rely upon either the Primary or Secondary Contact
Person on matters relating to this Agreement.
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3.0 DEFINITIONS
3.1 Agency(ies). The following public transportation agencies that are participating in this Agreement
to the extent provided herein:
A. The Snohomish County Public Transportation Benefit Area ("Community Transit")
B. The City of Everett ("Everett Transit")
C. King County Department of Transportation, Metro Transit Division ("King County")
D. The Kitsap County Public Transportation Benefit Area("Kitsap Transit")
E. The Pierce County Public Transportation Benefit Area Corporation ("Pierce Transit")
F. The Central Puget Sound Regional Transit Authority ("Sound Transit")
G. The State of Washington acting through the Washington State Department of
Transportation, Washington State Ferries Division ("WSF")
3.2 Business Account. The employer, educational or human services institution, government agency
or other entity that has entered into this Agreement enabling it to purchase ORCA Business
Cards and ORCA Products for distribution to their employees, students, clients or other
constituency.
3.3 Business Account Website. The website used by the Business Account to manage its account,
currently at www.orcacard.biz.
3.4 Business Choice Products. The ORCA Products that may be purchased at retail prices to
supplement the ORCA Business Passport Product for one or more Business Cardholders (e.g. a
WSF monthly pass)
3.5 Business Cardholder(s)orCardholder(s). The individual(s) who are eligible to receive an ORCA
Business Card from the Business Account. The eligibility requirements for Business Cardholders
are more fully defined in Attachment 3, Eligible Business Cardholders, which is incorporated in
this Agreement by this reference.
3.6 Business Passport Product. The ORCA Product loaded on the Business Account's ORCA
Business Cards under this Agreement that provides the Business Cardholders an unlimited right-
to-ride the regularly scheduled Transportation Services of, or operated by, certain Agencies to
the extent specified in Attachment 1.
3.7 Card Block. An ORCA system process that culminates in invalidating an ORCA Business Card.
3.8 Lead Agency. The Agency that entered into this Agreement on behalf of itself and the other
Agencies and that is responsible for administration of this Agreement on behalf of the Agencies,
including invoicing, contract modifications and renewals, and ORCA system support.
3.9 ORCA. The trademarked name of the system that enables use of a common fare card (One
Regional Card for All) on the public transportation services provided by any of the Agencies.
3.10 ORCA Business Card(or"Business Card'J. An ORCA fare card issued to a Business Account to
enable the loading of ORCA Products for use by a Cardholder to whom it was distributed by the
Business Account to access Transportation Services as specified in Attachment 1.
3.11 ORCA Products. Any transit fare payment mechanism or electronic voucher offered for sale
within the ORCA system by any of the Agencies. Examples include, but are not limited to,
monthly or period pass, E-purse, and electronic voucher.
3.12 ORCA Services. The materials and services that may be provided,from time to time, under the
ORCA program, including but not limited to the ORCA Business Cards, ORCA Products, ORCA
Websites, data, information, and any equipment, systems and services related to the ORCA
program.
3.13 Parties. The Business Account and the Agencies (which include the Lead Agency) may be
collectively referred to as "Parties."
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July 1, 2011 —June 30, 2012
3.14 Primary Contact Person. The individuals identified as the primary contact points for the Lead
Agency and the Business Account, as listed in Attachment 2 or as modified from time to time.
3.15 Product Block. An ORCA system process that culminates in invalidating an ORCA Product
without invalidating the card on which it is loaded.
3.16 Transportation Services are those public transportation services provided by the Agencies that
are specified in Attachment 1.
4.0 PRICES AND PAYMENT TERMS
4.1 The prices and payment terms applicable to this Agreement are specified in Attachment 1,
Products, Pricing and Terms. Such terms shall include: (a) the amounts due for the Business
Cards, Business Passport Product, and any other products, services and fees; (b) the timing of
payments, and (c) the acceptable method of payment. Each order submitted by the Business
Account for ORCA Business Cards and/or any ORCA Products will be subject to the provisions of
this Agreement.
4.2 The Business Account's purchase of any Business Choice Products via the Business Account
Website will be at the prices and terms in effect at the time of order. The Business Account is
responsible for reviewing the prices in effect before submitting each order and shall be deemed to
have agreed to the then-applicable prices by submitting the order.
4.3 Payment in full is due as specified in Attachment 1,
4.4 If for any reason payment in full is not received by the date due, if a payment is not honored due
to non-sufficient funds (NSF) or if for any reason a payment is negated or reversed, the Lead
Agency will notify the Business Account of the payment problem and, if full and clear payment is
not received within ten (10) calendar days of such notification, the Lead Agency may:
A. refuse to process new orders for ORCA Business Cards and block the loading of new
CIRCA Products by or for the Business Account;
B. assess any late payment, NSF and collection fees to the maximum amount permitted by
law;
C. initiate a Card Block or Product Block on the Business Cards issued to the Business
Account, rendering them ineffective for use by the Cardholders, until such time as the
Business Account pays the full amount due, including any late payment, NSF and
collection fees, in a manner acceptable to the Lead Agency; and
D. suspend or terminate access rights to the Business Account's secured area of the
website.
4.5 In addition to any other obligations it may have under this Agreement and at law, the Business
Account agrees to pay to the Lead Agency any reasonable collection fees incurred in collecting
amounts due from the Business Account.
5.0 PURCHASE, OWNERSHIP, DISTRIBUTION AND REPLACEMENT OF ORCA BUSINESS
CARDS
5.1 Ordering ORCA Business Cards. The Business Account shall order CIRCA Business Cards via
the ORCA Business Accounts Website, in accordance with the directions provided on that
website, and shall make payment as provided in Attachment 1. If additional cards are required,
the Business Account shall be required to pay both the standard card fee and the pro rata price
for loading the Passport Product on such additional cards for the remaining months of this
Agreement, as specified in Attachment 1.
5.2 Receipt and Ownership of ORCA Business Cards. Upon actual or constructive receipt of the
ORCA Business Cards it has ordered, the Business Account shall become the owner of the
ORCA Business Cards. The Business Account shall be deemed to have constructively received
all ordered ORCA Business Cards unless it notifies the Lead Agency of any non-delivery or
incorrect delivery within thirty(30) days after the order was placed. If the Business Account
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City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
notifies the Lead Agency that it has not received the ordered cards, the Lead Agency will ship a
replacement order. If the Business Account subsequently receives the cards reported as
missing, the Business Account is responsible for returning them to the Lead Agency.
5.3 Storage and Risk of Loss. The Business Account is responsible for the storage, distribution and
use of the CIRCA Business Cards issued to it. The Business Account bears the sole risk of any
loss, damage, theft or unauthorized use of one of its cards,whether such card is held in its
inventory or has been distributed for use. The Business Account is responsible for the cost of any
use of its Business Cards until the effective date of a Card Block that may be initiated as provided
below.
5.4 Distribution of ORCA Business Cards.The Business Account is responsible for distributing its
Business Cards for use by its Eligible Business Cardholders. The Business Account remains the
owner of all Business Cards it distributes but a cardholder may also purchase and load individual
CIRCA products on a Business Card and individually register the card. To enable Cardholders to
register Business Cards as provided in Section 6 below, the Business Account may not register,
or allow anyone other than the Cardholder to register,the Business Cards that are issued under
this Agreement. The Business Account shall require, as a condition of receiving a Business
Card, that the Cardholder sign the written Cardholder Rules of Use in the form of Attachment 4,
which is incorporated in this Agreement by this reference, or such other form as may be approved
by the Lead Agency, provided it includes the following at a minimum:
A. a prohibition on the sale or transfer of the Business Card;
B. notice that the Cardholder is required to pay any difference between a required fare and
the value of the ORCA Product loaded onto the Business Card;
C. notice that any ORCA Products purchased by the Cardholder with his/her own funds and
loaded on the Business Card, including but not limited to the E-purse, will become the
property of the Business Account and any subsequent refund to the Cardholder would be
the responsibility of the Business Account in accordance with its own refund policy.
Individuals are encouraged to purchase an individual card if they have concerns about
refund policies.
D. notice that the ORCA System will record data each time the Cardholder presents a
Business Card to an ORCA device to prove fare payment, to load a product on it, or to
review the amount and type of product on it. Such data will include, but not be limited to,
the date, time and route or other location related to the card being presented. Such data
is owned by the Agencies but accessible to the ORCA System contractor(s) that operate
it, the Business Account, and the Agencies.
E. notice that use of an ORCA Business Card to ride an Agency Transportation Service
requires more than showing the card to a driver or fare enforcement officer. The
Cardholder must actually tap a valid ORCA Business Card on an ORCA card reader
when boarding, deboarding or both, as required by the Agency's rules. For example, to
show proof of payment of the required fare, riders on Sound Transit's Link light rail or
Sounder train service must tap the CIRCA card to an ORCA reader device before
boarding and after deboarding (even if the rider boarded in a ride-free area).
F. notice that proof of fare payment must be made by tapping the ORCA Card on the card
reader in the manner required by each Agency; otherwise,the Cardholder may be
subject to a fine if the ORCA Card is not tapped, and the Cardholder will be personally
responsible for any fines that may be imposed.
The Business Account understands and agrees that it is solely responsible for implementation
and enforcement of the Cardholder Rules of Use.
5.5 Business Account Access to Personally Identifying Information. If an individual Cardholder opts
to register one of the Business Cards issued to the Business Account, any personally identifying
information provided to the ORCA System (e.g. name, address, telephone number, and credit
card number)will not be accessible by the Business Account. If the Business Account collects
any personally identifying information about individuals to whom it has distributed Business
Cards,the Business Account is solely responsible for its collection, use, storage and disclosure of
such information.
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5.6 Card Blocks. In the event a Business Card is determined to be lost or stolen or if a Cardholder is
determined by the Business Account to be no longer eligible to use the card, the Business
Account may initiate a Card Block via the Business Account Website to invalidate the subject
Business Card.The Lead Agency may also initiate a Card Block or a Product Block as to any of
the Business Account's Business Cards at the request of the Business Account, or at the sole
discretion of the Lead Agency in accordance with Section 4.4, or if it is suspected that a card has
been altered, duplicated, counterfeited, stolen or used by an ineligible Cardholder. Once initiated,
a Card Block must be processed in the ORCA system and downloaded to all reader devices
throughout the region. Until that occurs,there is the potential that the Business Passport Product
and any e-purse value or other ORCA Products on the subject card will continue to be used. The
Business Account: not the Agencies, remains responsible for all transactions, and any loss or
costs arising there from, for forty-eight(48) hours after the Card Block was initiated.
5.7 Restoration of Value After Card Block. Following a Card Block, the Business Account may
request the Lead Agency to restore value on a replacement of the blocked Business Card. An E-
purse on a blocked card will be restored on the replacement card in approximately ten (10)
calendar days after the replacement card is issued. The E-purse amount that remained on the
lost or stolen card, forty-eight(48) hours after the Card Block was initiated in the ORCA system,
will be restored to the replacement card via a remote revalue function.
5.8 Card Replacement. The Business Account is responsible for ordering and paying for any new
cards needed to replace Business Cards that for any reason cease to be available or suitable for
use by the Cardholders under the program of the Business Account, including but not limited to, if
the unavailability or unsuitability is caused by damage, abuse, loss, theft, Card Block, and end of
useful life. Provided, however, and notwithstanding the exclusion of warranties in Section 13, if a
Business Card malfunctions within twelve (12) months after it was delivered to the Business
Account, it shall be replaced by the Lead Agency without additional charge to the Business
Account if the malfunction was caused by a defect in design, material or workmanship and was
not caused by misuse, an intentional act, negligence or damage, reasonable wear and tear
excepted. The Business Account understands and agrees that to avoid the disruption and
inconvenience caused by sporadic failures as its cards are used, it must plan for replacement of
its Business Cards on a regular basis. As a condition of continuing under the Business Passport
program, the Business Account agrees that: (a) it will retire all of its ORCA Business Cards at
some time within four years after they are issued by the Lead Agency to the Business Account;
and (b) purchase replacement Business Cards at the then-applicable rate.
6.0 CARDHOLDER USE OF ORCA BUSINESS CARDS
Cardholder Privileges. The Business Account understands and agrees that, although it remains the
owner of ORCA Business Cards after distribution,the Cardholder has the following privileges in
connection with the use of an ORCA Business Card.
A. The Cardholder may present an ORCA Business Card, loaded with a valid, applicable
Business Passport or Business Choice Product, to an ORCA fare transaction processor
as proof of payment of all or a portion of a required fare on a regular transportation
service operated by one or more of the Agencies. (Provided, however,an ORCA Product
that is not sufficient to fully pay a fare will not be accepted as partial payment by the
Washington State Ferries.) In all cases, a Cardholder will be required to make other
payment to the extent a fare is not covered by an ORCA Product.
B. The Cardholder may individually purchase ORCA Products and load them on the
Business Card in addition to any ORCA Product loaded by the Business Account.
Individual ORCA Products may be used to pay all or a portion of a required fare on a
transportation service not covered by a Business Passport Product or Business Choice
Product. (Provided, however, an ORCA Product that is not sufficient to fully pay a fare
will not be accepted as partial payment by the Washington State Ferries.) In all cases, a
Cardholder will be required to make other payment to the extent a fare is not covered by
an ORCA Product.
C. The Cardholder may register his/her name and other contact information with the ORCA
System and link such personal information to the serial number of the Business Card
provided to him/her. Such registration does not give the Cardholder any ownership rights
in the card but does give the Cardholder the right to access the ORCA Cardholder
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City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
Website to view the card's transaction history and current stored value, to modify travel
zone preferences, and to add retail products.
7.0 NO RETURNS OR REFUNDS
Except as otherwise provided herein or in Section 12.2, the Business Account understands and
agrees that its purchases of Business Cards, and Business Passport Products and Business
Choice Products purchased for such cards, are final and it is not entitled to any refunds.
Provided, however, the Business Account may request a refund of the E-purse value remaining
on a Business Card if the card is surrendered by the Business Account to the Lead Agency.
Upon surrender of the subject Business Card, the Lead Agency shall initiate a Card Block and the
refund processed approximately ten (10) calendar days after the Card Block was initiated. The E-
purse amount refunded will be that which remained on the surrendered card forty-eight (48) hours
after the Card Block was initiated in the ORCA system. A processing fee of ten dollars ($10) shall
be payable by the Business Account to the Lead Agency for each such E-purse refund that is
processed, regardless of E-purse value refunded. The Business Account, not the Lead Agency,
is responsible for the refunding of such E-purse value, if any, to the individual Cardholder to
whom the Business Card had been distributed.
8.0 BUSINESS ACCOUNT WEBSITE
8.1 The Business Account Website is the primary means by which the Business Account shall
purchase ORCA Business Cards, Business Passport and Business Choice Products, manage its
Business Cards and obtain information about the use of said cards. As a condition of
participation in the Business Passport program, the Business Account agrees that it will use the
Business Account Website when it is available and that each access and use of said website
shall be subject to the Terms of Use and Privacy Statement that are in effect and posted on the
Business Account Website at the time of such access and use.
8.2 The Business Account understands and agrees that uninterrupted access to and use of the
Business Account website is not guaranteed and agrees that it will contact its representative at
the Lead Agency by email or telephone if the Website is not available.
8.3 At the time the Business Account enters into the ORCA program, the Lead Agency will provide a
single password to the Business Account's Primary Contact (as specified in Attachment 2) to
enable user access to the Business Account's secured area of the Business Account Website.
The Business Account is required to change the temporary password to one of its own creation.
The Business Account shall be solely responsible for the number and identity of those employees
with whom the Business Account's password is shared. The Business Account is also solely
responsible for complying with the security standards (specified in Attachment 5 Security
Standards), which is incorporated in this Agreement by this reference.
9.0 INFORMATION PROVIDED BY THE AGENCIES AND THE ORCA SYSTEM
9.1 The Business Account understands and agrees that the data, reports or any information provided
to it via the Business Account Website or otherwise, is and remains the sole property of the
Agencies and nothing shall be construed as a transfer or grant of any copyright or other property
interest in such data, reports or information. The Agencies hereby grant to the Business Account
a non-exclusive license to use any data, reports or information provided by the Agencies, via the
Business Account Website or otherwise,for any lawful purpose related to the administration of
the transportation benefits program of the Business Account.
9.2 The ORCA System will record data each time an ORCA Business Card is presented to an ORCA
device for fare payment and to load a product. Such transaction data includes, but is not limited
to, the date,time, and location (or route) of the transaction. The Business Account may routinely
access such transaction data related to its Business Cards to the extent provided via the
Business Account Website. Said website and its reports do not provide the Business Account
Business Card transaction data linked to card serial numbers. For the purpose of preventing
fraud, the Primary Contact Person of the Business Account may submit a written request to the
Lead Agency for transaction data related to a specific card number or for a card number linked to
a specific transaction.The written request shall include the following:
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A. card number or the date, time and other known details about the specific transaction for
which a card serial number is being requested:
B. a statement as to why the information is germane to the prevention of fraud; and
C. the signature of the Primary Contact Person.
If the Lead Agency determines that the subject transaction(s) is linked to a Business Card issued
to the Business Account, the Lead Agency will provide the Business Account with the card serial
number linked to the requested transaction(s). The Business Account agrees that it will use such
card serial number information only for purposes of enforcing its Rules of Use or other lawful
business purposes. The Business Account must maintain its own records if it wishes to identify
the card serial number issued to an individual.
9.3 The Business Account understands and agrees that all records related to its participation in the
ORCA System are public records under the Washington Public Records Act (Chapter 42.56
RCW) ("Act"), including but not limited to: (a)this Agreement and the sales activity hereunder; (b)
the orders, communications, and any other information provided by the Business Account to the
Lead Agency, the other Agencies or the CIRCA System, whether provided via this website or
otherwise and whether provided in hard copy or electronic form; (c) any communications,
responses, requests, reports or information of any kind provided to the Business Account from
the Lead Agency, the other Agencies or the CIRCA System; and (d) all data, reports and
information of any kind related to the loading of products on, and the use of, the Business Cards
issued to the Business Account. As public records, these records will be made available for
public inspection and copying upon request, unless the Lead Agency determines they are exempt
from disclosure.
10.0 INDIVIDUAL USE OF BUSINESS CARD AFTER LEAVING A BUSINESS ACCOUNT
The Business Account is encouraged to collect Business Cards from Cardholders who are no longer
eligible for the Business Account's transportation benefits program. In any case, the Business Account is
solely responsible for initiating a Card Block or Product Block in accordance with this Agreement to
prevent any continued use of, and financial liability for, a card that had been distributed to a person who is
no longer eligible.
11.0 ORCA SERVICES SUBJECT TO CHANGE
The Agencies seek to continually improve and enhance the CIRCA Services. With thousands of
employers, schools, and other entities entering into business account agreements at varying dates in the
year, the Agencies are unable to guarantee to each business account that the ORCA Services will not
change during the term of its agreement. The Business Account understands and agrees that one or
more CIRCA Services may be changed, suspended or terminated from time to time without prior notice to,
or agreement by, the Business Account, including but not limited to changes in the look, feel, content and
functions of the Business Account Website. If the Business Account is dissatisfied with a change in the
ORCA Services, however, it may terminate this Agreement for its convenience in accordance with the
provisions of Section 12.2.
12.0 TERMINATION
12.1 The Lead Agency may at any time terminate this Agreement if the Business Account fails to make
timely and effective payment of all amounts due, or otherwise materially breaches the Agreement,
or acts in manner indicating that it intends to not comply, or is unable to comply, with the
Agreement. To effect such a termination for cause, the Lead Agency shall send email notice to
the last known email address for the last known primary contact person of the Business Account
describing the manner in which the Business Account is in default and the effective date of
termination. If the basis for termination is a failure to perform that can be cured, the termination
shall not take effect so long as the Contractor cures the default within ten (10) calendar days of
the sending of the email notice. Upon the effective date of such termination, the Lead Agency
may immediately terminate the website access privileges of the Business Account, block the
Business Cards issued to the Business Account and decline to accept and fulfill any pending or
new orders from the Business Account. In the event of such a termination for cause, the
Business Account shall not be entitled to any refund of any amounts paid.
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12.2 Either the Business Account or the Lead Agency may terminate the Agreement without cause
and for its own convenience by sending the other party written or email notice at least thirty(30)
days in advance of the effective date of the termination. Upon receipt of a notice of termination
for convenience from the Business Account, the Lead Agency may, in its sole discretion, waive
the advance notice period and immediately terminate the website access privileges of the
Business Account, initiate a Card Block on the Business Cards issued to the Business Account,
and decline to accept and fulfill any pending or new orders from the Business Account. In the
event of such a termination for convenience and not cause, the amounts due under this
Agreement shall be calculated by the Lead Agency. (The amounts due for the ORCA Passport
Product and any optional products listed in Attachment 1 shall be the annual amounts due
prorated for the number of months during which the Passport Product and optional products were
valid for at least one day.) If the Business Account has not paid in full all of the amounts due
under this Agreement as of the termination date, the Business Account shall immediately pay the
remaining amount due. If the Business Account has paid more than all of the amounts due under
this Agreement as of the termination date, the Business Account shall be entitled to a refund of
the excess it has paid.
12.3 Notwithstanding any termination of the Agreement,the Business Account shall remain liable to
satisfy and comply with all of its obligations under this Agreement and at law with regard to, or
arising out of, any orders submitted or any of its acts or omissions occurring prior to the effective
date of the termination, including but not limited to paying all amounts due or incurred prior to the
effective date of the termination and any fees, charges, collection costs or other costs arising
from a failure to make timely and effective payment.
13.0 EXCLUSION OF WARRANTIES
13.1 ALL ORCA SERVICES PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. ANY USE OF THE ORCA SERVICES IS AT THE BUSINESS ACCOUNT'S SOLE
DISCRETION AND RISK.
13.2 BY WAY OF EXAMPLE, AND NOT LIMITATION,THE LEAD AGENCY AND EACH OF THE
OTHER AGENCIES SPECIFICALLY DO NOT REPRESENT AND WARRANT THAT:
A. THE BUSINESS ACCOUNT'S USE OF THE ORCA SERVICES WILL BE
UNITERRUPTED, TIMELY, FREE FROM ERROR AND OTHERWISE MEETING ITS
REQUIREMENTS;
B. ANY INFORMATION OBTAINED BY THE BUSINESS ACCOUNT AS A RESULT OF
USING THE ORCA SERVICES WILL BE ACCURATE AND RELIABLE; AND
C. ANY USE OF THE ORCA WEBSITES, INCLUDING BUT NOT LIMITED TO THE
CONTENT OR MATERIAL DOWNLOADED FROM SAID WEBSITES,WILL BE FREE
OF DEFECTS, VIRUSES, MALWARE, HACKS OR POTENTIALLY HARMFUL
INTRUSIONS.
13.3 TO THE EXTENT PERMITTED BY LAW, THE LEAD AGENCY AND EACH OF THE OTHER
AGENCIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO:ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE;ANY WARRANTIES OF QUIET ENJOYMENT OR
NON-INFRINGEMENT;AND ANY WARRANTIES CREATED BY TRADE USAGE, COURSE OF
DEALING, OR COURSE OF PERFORMANCE.
13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE
AGENCIES OR THE ORCA SYSTEM SHALL REVISE OR CREATE ANY WARRANTY.
14.0 NOTICES
14.1 Any notice required to be given under the terms of this Agreement shall be directed either by
email or regular mail to the Parties' Designated Representatives, as specified in Attachment 2, or
to the last person and address provided by a Party in accordance with Section 14.2.
ORCA Passport Agreement Page 8 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
14.2 Each Party shall immediately notify the other Parties of any changes to its Designated
Representatives' contact information. The Business Account shall also immediately notify the
Lead Agency of any changes in any other information provided in its application.
15.0 FORCE MAJEURE
The Agencies and each of them shall be relieved of any obligations under this Agreement to the extent
they are rendered unable to perform, or comply with such obligations as a direct or indirect result of a
force majeure event, or any other circumstance not within such party's control, including, but not limited
to, acts of nature, acts of civil or military authorities, terrorism, fire or water damage, accidents, labor
disputes or actions, shutdowns for purpose of emergency repairs, or industrial, civil or public
disturbances.
16.0 APPLICATION OF AGENCY FARES AND OTHER POLICIES
The purchase, distribution and use of Business Cards and ORCA Products by the Business Account and
its Cardholders, and access to and use of the ORCA websites, shall be subject to all applicable federal,
state and local law, regulations, ordinances, codes and policies, including but not limited to the ORCA
Terms of Use and Privacy Statement (posted on the ORCA websites and available in printed form upon
request to the Lead Agency), and the Agencies' respective fares, transfer rules, codes of conduct and
other operating policies and procedures.
17.0 PROHIBITED DISCRIMINATION
The Business Account shall not discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the
administration of its transportation benefits program, the provision of ORCA Business Cards and ORCA
Products, or the performance of any acts under this Agreement. The Business Account shall comply fully
with all applicable federal, state and local laws, ordinances, executive orders and regulations which
prohibit such discrimination.
18.0 COMPLIANCE WITH APPLICABLE LAW
The Business Account shall be solely responsible for compliance with all applicable federal, state and
local laws, regulations, resolutions and ordinances, including, but not limited to, any provisions relating to
the Business Account's provision of compensation, benefits or services to employees or others (e.g.
including, but not limited to, transportation fringe benefits) and any reporting, tax withholding, or other
obligations related thereto. The Business Account expressly acknowledges and agrees that it has not
relied on any representations or statements by the Agencies and will not rely on them to provide any
legal, accounting, tax or other advice with regard to the Business Account's provision of compensation,
benefits or services to employees or others (e.g. including, but not limited to,transportation fringe
benefits) and any reporting, withholding or other obligations related thereto.
19.0 LEGAL RELATIONS
19.1 No Partnership, Agency or Employment Relationship Formed. The Business Account and the
Agencies are independent parties and nothing in this Agreement shall be construed as creating
any joint venture, partnership, agency or employment relationship between and among them or
their respective employees. Without limiting the foregoing, the Business Account understands
and agrees that none of its employees or agents shall be deemed employees or agent, for any
purpose, of any of the Agencies and the Business Account is solely responsible for the acts of its
agents and employees and their compensation, wages,withholdings and benefits.
19.2 LIMITATION ON LIABILITY
A. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE
FOR, AND THE BUSINESS ACCOUNT HOLDS EACH AGENCY HARMLESS FROM,
ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO:
ORCA Passport Agreement Page 9 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
1. ANY RELIANCE PLACED BY THE BUSINESS ACCOUNT ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION
PROVIDED TO THE BUSINESS ACCOUNT BY OR THROUGH THE ORCA
SERVICES;
2. ANY CHANGES TO THE ORCA SERVICES OR THE TEMPORARY OR
PERMANENT CESSATION OF ANY SUCH SERVICES (OR FEATURES
WITHIN A SERVICE);
3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
INFORMATION MADE AVAILABLE TO THE BUSINESS ACCOUNT, OR
GENERATED BY THE USE OF THE ORCA SERVICES UNDER THIS
AGREEMENT INCLUDING, BUT NOT LIMITED TO, THE USE OF THE ORCA
BUSINESS CARDS ISSUED UNDER THIS AGREEMENT;
4. THE BUSINESS ACCOUNTS FAILURE TO PROVIDE THE LEAD AGENCY
WITH ACCURATE ACCOUNT INFORMATION;AND
5. THE BUSINESS ACCOUNTS FAILURE TO KEEP PASSWORD AND
ACCOUNT INFORMATION SECURE AND CONFIDENTIAL,
B. THE LEAD AGENCY AND EACH OF THE OTHER AGENCIES SHALL NOT BE LIABLE
FOR, AND THE BUSINESS ACCOUNT HOLDS EACH OF THE AGENCIES HARMLESS
FROM, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES INCURRED BY THE BUSINESS ACCOUNT UNDER ANY THEORY OF
LIAIBILITY, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF TIME, LOSS
OF PROFITS, LOSS OF PRIVACY, LOSS OF DATA, LOSS OF GOODWILL OR
BUSINESS REPUTATION ,WHEN SUCH DAMAGES ARISE OUT OF, OR ARE
RELATED TO, THIS AGREEMENT OR THE ORCA SERVICES, WHETHER OR NOT
ONE OR MORE AGENCIES HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN
AWARE OF, THE POSSIBILITY OF ANY SUCH DAMAGES ARISING.
C. To the extent one or more of the Agencies incurs any liability for a breach of this
Agreement, or any duty related to the ORCA Services, and such liability that is not
excluded under the terms of this Agreement, the exclusive, aggregate remedy against
the Lead Agency and each other Agency will be, at the option of the applicable Agencies:
(a) the correction, substitution or replacement of all or part of the ORCA Services giving
rise to the breach, or (b) a refund of the amount paid by the Business Account for the
ORCA Service causing the damage, the amount of which will not exceed the damages
(other than those excluded above) actually incurred by the Business Account in
reasonable reliance.
The damage exclusions and limitations on liability in the Agreement shall apply even if any
remedy fails for its essential purpose.
19.3 No Waiver. The Business Account agrees that if the Lead Agency does not exercise or enforce
any legal right or remedy which is contained in the Agreement or under applicable law, this will not
be taken to be deemed to be a waiver or modification of the Lead Agency's rights and remedies,
and that those rights or remedies will still be available to the Lead Agency.
19.4 Governing Law and Forum. This Agreement and all provisions hereof shall be interpreted and
enforced in accordance with, and governed by,the applicable law of the State of Washington and
of the United States of America without regard to its conflict of law's provisions. The exclusive
jurisdiction and venue for conducting any legal actions arising under this Agreement shall reside
in either the Federal District Court or the State of Washington Superior Court, as applicable,that
is located in the county in which the Lead Agency's primary administrative office is located. The
Business Account hereby consents to personal jurisdiction and venue in said courts and waives
any right which it might have to conduct legal actions involving the Agencies in other forums.
19.5 Attorneys'Fees and Costs. In the event of litigation between the parties related to this
Agreement,the Court is authorized to award the substantially prevailing party its costs, fees and
expenses including reasonable attorney fees to the extent authorized by the Court and permitted
by applicable law.
19.6 Survival. Sections 4, 5, 9, 13 and 19 shall survive and remain effective notwithstanding any
termination of this Agreement.
ORCA Passport Agreement Page 10 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
19.7 Use of ORCA name and logos. The Business Account understands and agrees that the "ORCA"
name and logos are trademarked and that it will not copy or use them and any other trade
names,trademarks, service marks, logos: domain names, and other distinctive features or
intellectual property of the Agencies without written permission.
20.0 SUCCESSORS AND ASSIGNS
This Agreement and all terms, provisions, conditions and covenants hereof shall be binding upon the
parties hereto, and their respective successors and assigns; provided, however, no Party may assign or
delegate the duties performed under this Agreement without the written agreement by the Lead Agency,
the Business Account and the assignee.
21.0 ENTIRE AGREEMENT AND WRITTEN AMENDMENTS
This Agreement constitutes the entire agreement between the Business Account and the Lead Agency,
on behalf of all Agencies, related to the Business Account's use of and access to ORCA Services (but
excluding any services which Lead Agency may provide under a separate written agreement), and
completely replaces and supersedes any prior oral or written representations or agreements in relation to
fare media consignment and sales or to ORCA Services. No oral agreements or modifications will be
binding on the parties and any changes shall be effective only upon a written amendment being signed by
the parties.
22.0 SEVERABILITY
In the event any provision of this Agreement is determined by a court of competent jurisdiction to be
unenforceable or invalid, then the meaning of that provision shall be construed, to the extent feasible,to
render the provision enforceable, and if no feasible interpretation would save such provision, it shall be
severed from the remainder of the Agreement which shall remain in full force and effect unless the
provisions that are invalid and unenforceable substantially impair the value of the entire Agreement to any
party,
23.0 AUTHORITY TO EXECUTE
Each party to this Agreement represents and warrants that: (1) it has the legal power and authority to
execute and perform this Agreement and to grant the rights and assume its obligations herein; and (ii) the
person(s) executing this Agreement below on the party's behalf is/are duly authorized to do so, and that
the signatures of such person(s) is/are legally sufficient to bind the party hereunder.
24.0 COUNTERPARTS
This Agreement may be executed in two (2) counterparts, each one of which shall be regarded for all
purposes as one original. IN WITNESS WHEREOF, the parties hereto, by their duly authorized
representatives, have executed this Agreement as of the Effective Date.
BUSINESS ACCOUNT LEAD TRANSPORTATION AGENCY
BY: BY:
Suzette Cook Darwin Campbell
Title: MayorTitle: Manager, Customer Services
Business Name: Agency: King County Metro Transit
City of Kent
Date: Date:
ORCA Passport Agreement Pagel 1 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
ATTACHMENT
PRODUCTS, PRICING AND TERMS—BUSINESS PASSPORT FLAT RATE
Business Account: City of Kent
Business Account Federal Tax ID#: 91-6001254
ORCA Business ID#: 2718
Agreement Type: Passport-Renewal
Program Term: July 1, 2011 —June 30, 2012
Business Passport Flat Rate Products
• Access to regular bus services on Community Transit, Everett Transit, Kitsap Transit, Metro Transit,
Pierce Transit, and Sound Transit.
• Access to regular service on Sound Transit Link light rail.
• Access to regular service on Sound Transit Sounder commuter rail (including Rail Plus partnership
with Amtrak Cascades),
• Access to regular service on Seattle Lake Union Streetcar.
• Access to regular service on King County Water Taxi. (Vashon and West Seattle routes)
• Access to regular service on Kitsap Transit Foot Ferry. (Port Orchard and Annapolis routes)
• 100%vanpool fare subsidy on Community Transit, Kitsap Transit, Metro Transit, and Pierce Transit
vanpoolvans.
• 100%vanshare fare subsidy on Community Transit, Kitsap Transit, Metro Transit and Pierce Transit
vanshare vans.
• Emergency guaranteed ride home service. (Up to eight rides per employee.) (See Attachment 6.)
Annual Mo Rate
Passport Zone and Worksite Location Employees Rate per Cost for Add'I
Employee Eligible
Em to ee
King County Suburbs 350 $269.49 $94,321.50 $12.01
220 O Ave. S., Kent 98032
Kiqq Cw2ty prided incentive $85.92 $30,072
New Cards 0 1 X 1 $5.00 $ 0
Total r350 $64,249.50
Business Passport Fiat Rate Payment Terms
• 1/2 by 9/30/11 and 1/2 by 1/31/2012
• By invoice - do not send with contract
Additional Information
Amount of Eligible Employee contribution $91.79
(Note:employees may contribute up to 50%of the Annual
Rate per Employee)
Business Choice Products
Choice Products purchased by the Business Account will be prepaid by check or credit card, at
prevailing retail rates.
ORCA Passport Agreement Page 12 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
ATTACHMENT 2
DESIGNATED REPRESENTATIVES
BUSINESS ACCOUNT- Primary Agreement Development
Name Becky Fowler Dave Hollar
Title Benefits Manager Employer Transportation Representative
Address 220 4"Avenue South King County Metro Transit
Renton, WA 98032 400 Yesler Way, YES-TR-0650
Seattle, WA 98104
Telephone 253-856-5290 06-263-3492
Cell Phone
Fax 53-856-6270 206-684-2058
E-Mail bfowler@ci.kent.wa.us Dave.Hollar@kingcounty.gov
BUSINESS ACCOUNT-Secondary LEAD AGENCY—Technical Support
Name IKarl Endicott King County
Title IERP Business Analyst Lead Agency Representative
Address 1220 4 Avenue South 201 S. Jackson St. KSC-TR-0326
Renton, WA 98032 Seattle, WA 98104
Telephone 253-856-5294
Cell Phone
Fax 53-656-6270
E-Mail kendicott@ci.kent.wa.us business.leadagent@kingcounty.gov
Billing Information
If different from Primary Address
Name
Title
Address
Telephone
ORCA Passport Agreement Page 13 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
ATTACHMENT
ELIGIBLE BUSINESS CARDHOLDERS
Definition and Number of Eligible Participants
Definition of All benefit-eligible employees
Eligible Participants
Number of 350
Eligible Participants
ORCA Passport Agreement Page 14 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
ATTACHMENT
SAMPLE—ORCA BUSINESS CARDHOLDER RULES OF USE
As a Business Account Cardholder, I agree to the following:
1. I understand that the ORCA Business Card is owned by the employer that provided it to me and it
has been provided to me for my personal use only. I agree not to sell or transfer my assigned ORCA
Card to another person. If I violate these terms of use, my CIRCA Card may be blocked from further
use.
2. I will keep my assigned CIRCA Business Card secure and in good condition, and I will immediately
report a lost, stolen, or damaged ORCA Business Card to my company's Transportation Coordinator.
I understand a lost ORCA Business Card will be replaced only once per year at the current card fee
plus any additional fee charged by my company. A defective ORCA Business Card will be replaced
free of charge.
3. 1 will return my assigned ORCA Business Card upon request or when I leave my employment or
otherwise no longer meet the eligibility requirements of my company. If I do not return my ORCA
Business Card, I understand that it may be blocked for further use.
4. 1 understand that my ORCA Business Card is valid for the following provided by the listed
transportation Agencies.
a. 100%of fares on regularly scheduled transportation service on Everett Transit, Community
Transit, Kitsap Transit, Metro Transit, Pierce Transit, Sound Transit, Seattle Streetcar, King
County Water Taxi, and Kitsap Transit Foot Ferry.
b. 100% of vanpool and vanshare fares on vanpool services provided by Community Transit, Kitsap
Transit, Metro Transit, and Pierce Transit.
5. 1 understand that the ORCA Business Card is not valid for fare payment on transportation services
not specified in Section 4 and I am responsible for paying any additional fares required for services
not covered, or not fully covered, by my assigned ORCA Business Card.
6. 1 understand that any additional ORCA Products I load onto my assigned ORCA Card will become
the property of the company that owns my ORCA Business Card and the refund, if any, of such
products will be made by the company according to its refund policy.
7. 1 understand the ORCA system will record data each time I use my assigned ORCA Business Card.
Data will include the date, time and location of the card when it is presented. I understand this data is
owned by the transit Agencies and is accessible to the company that owns my ORCA Business Card,
8. 1 understand that the CIRCA Card must be"tapped" on a card reader to show proof of fare payment
or issuance of a valid fare. Merely showing the ORCA Card on a bus, train,ferry or light rail vehicle
does not constitute proof of fare payment or issuance of a valid fare. I will be subject to a fine if the
ORCA Card is not "tapped,"and I understand I will be personally responsible for any fines that may
be imposed.
9. 1 understand that for the correct fare to be recorded, I must "tap"off on a card reader when exiting
some transit systems. For example, I must "tap" off when exiting from a Sounder train, light rail, or a
bus that I have boarded in the Seattle downtown ride free area.
ORCA Passport Agreement Page 15 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
ATTACHMENT
SAMPLE—ORCA BUSINESS CARDHOLDER RULES OF USE (continued)
I acknowledge the receipt of my ORCA Business Card, and understand and agree to the terms stated
above on using the ORCA Business Card.
Employee's Signature Date
Employee's Printed Name ORCA Card Serial#
Transportation Coordinator Use Only—ORCA Card returned:
Employee's Signature Date
ORCA Card Serial#
ORCA Passport Agreement Page 16 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
ATTACHMENTS
®RCA BUSINESS ACCOUNT SECURITY STANDARDS
1.0 Application Security
1.1 At the time the Business Account enters into the ORCA program,the Lead Agency will provide a
single Business Account user id and temporary password to the Business Account's Primary
Contact(as specified in Attachment 2 - Designated Representatives) to enable access to the
Business Account's area of the Business Account Website.
1.2 The Business Account shall immediately change the temporary password to a strong password
that meets the following criteria:
a. Length - At least eight (8) characters in length or the maximum length permitted by the
ORCA system, whichever is shorter.
b. Elements -Contains one each of at least three (3) of the following four (4) elements.
i) English upper case letters (A, B, C...)
2) English lower case letters (a, b, c...)
3) Westernized Arabic numbers: 0, 1, 2...9
4) Special characters: (@, #, %...)
1.3 The Business Account shall restrict access to the ORCA Business Account Website by providing
its user id and password to only the employee(s) who have a business "need to know" and who
are authorized by the Business Account as "system user(s)".
1.4 Access to the ORCA Business Account Website is restricted to the purpose of authorized
administrative support for the ORCA Business Account program
1.5 The Business Account's password shall be changed at least quarterly but also immediately upon
(a) a system user leaving the Business Account's employment or otherwise losing his/her status
as an authorized user; and (b) the Business Account learning that the password has been
obtained by unauthorized persons or entities.
1.6 The Business Account's Primary Contact will review security policies and guidelines with system
users at least quarterly.
2.0 Physical Security
2.1 The Business Account shall require system users, when not at their workstations, to log off the
Business Account Website, or lock their screen using a password protected screen-saver in order
to prevent unauthorized access.
2.2 ORCA card stock shall be kept in a secure/locked location with access limited to those
administering the program.
2.3 The Business Account shall require its employees to keep printed reports containing account
information in a secure location
3.0 Incident Management
3.1 The Business Account shall report any security incident or suspected incident immediately to the
Lead Agency. Examples of possible security incidents would be: introduction of computer
viruses, unauthorized transactions or blocked cards, or lost or stolen card stock.
ORCA Passport Agreement Page 17 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
ATTACHMENT
HOME FREE GUARANTEE PROGRAM
Home Free Guarantee (hereinafter, "HFG") is a King County program that guarantees payment for taxi
fares incurred by Eligible Employees who meet the eligible criteria, as set forth below, and taken in
accordance with the terms set forth below. HFG is the emergency guaranteed ride home service
mentioned in Attachment 1 of the ORCA Business Passport Agreement.
1 DEFINITIONS
1.1 Approved Commute Modes
Eligible Employees must have commuted from their principal residence, transit center, or park& ride lot to
the Business Account's worksite by one of the following modes: bus, train, carpool, vanpool, walk-on or
bicycle-on ferry, bicycle, or walk.
1.2 Eligible Reasons for Using HFG
The following are the only eligible reasons for using HFG:
a. Eligible Employee's or family member's unexpected illness or emergency.
b. Unexpected schedule change such that the normal commute mode is not available for the return
commute to the starting place of their commute. Unexpected means the employee learns of the
schedule change that day.
c. Missing the employee's normal return commute to the starting place of their commute for
reasons, other than weather or acts of nature which are beyond the employee's control, and of
which they had no prior knowledge. For example,the employee's carpool driver left work or
worked late unexpectedly.
1.3 Non-Eligible Reasons For Using HFG
Reasons which are not eligible for HFG use include, but are not limited to, the following:
a. Pre-scheduled medical or other appointments.
b. To transport individuals who have incurred injury or illness related to their occupation. An HFG
ride should NEVER be used where an ambulance is appropriate, nor should an HFG ride replace
Business Account's legal responsibility under workers'compensation laws and regulations.
c. Other situations where, in the opinion of the Business Account's Program Coordinator, alternate
transportation could have been arranged ahead of time.
1 A Eligible Destinations for an HFG Ride
a. From the Business Account's worksite to the Eligible Employee's principal place of residence.
b. From the Business Account's worksite to the Eligible Employee's personal vehicle, e.g, vehicle
located at a transit center or park& ride lot.
c. From the Business Account's worksite to the Eligible Employee's usual commute ferry terminal on
the east side of Puget Sound.
1.5 Intermediate Stops
Intermediate stops are permitted only if they are of an emergency nature and are requested in advance
by the Eligible Employee and are authorized in advance of the HFG ride by the Business Account's
Program Coordinator(i.e. pick up a necessary prescription at a pharmacy; pick up a sick child at school).
2 BUSINESS ACCOUNT RESPONSIBILITIES
2.1 HFG Program Payment
Business Account's payment for HFG services is accounted for in the base price of the ORCA Business
Passport Agreement, as indicated in Attachment 1. If the Business Account's fare costs exceed amount
listed in Attachment 1 at the end of 6 months, a sliding scale charge will be applied as follows:
a. If total fare costs average between$1.00 and$1.25/employee, Business may be charged
$1.25/employee for second six months of the agreement period.
b. If total fare costs average between$1.25 and$1.50/employee, Business may be charged
$1.50/employee for second six months of the agreement period.
c. and so on incrementally without limit.
ORCA Passport Agreement Page 18 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
ATTACHMENT
HOME FREE GUARANTEE PROGRAM (continued)
2.2 Program Coordinator
Business Account shall designate as many Program Coordinators as necessary to administer and
perform the necessary HFG program tasks as set forth in this Attachment.
2.3 Number of HFG Rides per Eligible Employee
Business Account shall ensure that each Eligible Employee does not exceed eight (8) HFG rides per
twelve (12) month period.
3 HFG Program Tasks
3.1 Process
To access HFG rides, Eligible Employees shall contact the Program Coordinator. The Program
Coordinator shall call directly an answering service provider, contracted for by King County. The phone
number shall be supplied to Business Account by King County. Business Account agrees to make
information about how to access HFG rides available to all Eligible Employees. Program Coordinator
shall obtain the following information from the Eligible Employee, and provide the information to the
answering service provider:
a. Verify the Eligible Employee has commuted to the worksite by an eligible mode.
b. Verify the Eligible Employee has an eligible reason and eligible destination for an HFG ride.
c. Ensure the Eligible Employee has valid identification to show the taxi driver.
d. Once an Eligible Employee takes the emergency taxi ride, obtain from the Eligible Employee a
receipt of the taxi trip.
e. Business Account's Program Coordinator shall forward copies of such receipts to King County at
the end of each month for record keeping and accounting purposes.
f. The answering service provider will arrange taxi rides for the Eligible Employee.
4 KING COUNTY RESPONSIBILITIES
4.1 Participating Taxi Business Account(s)
Business Account agrees that neither King County nor answering service provider is responsible for
providing transportation services under the HFG program. Business Account further agrees that King
County makes no guarantee or warranty as to the availability, quality or reliability of taxi service, and that
King County's sole obligation under the program is to make payment of the taxi provider for trips actually
taken in accordance with the terms of this Agreement. Business Account agrees it shall make no claims
of any kind or bring any suits of any kind against King County for damages or injuries of any kind arising
out of or in any way related to the HFG program. Without limiting the foregoing and by way of example
only, the Business Account agrees that King County shall not be liable for any injuries or damages
caused by negligence or intentional acts occurring before, during or after a taxi ride or for any injuries or
damages caused by failure of a taxi to provide a ride due to negligence, intentional acts or causes beyond
the taxi's control, including but not limited to incidence of fire, flood, snow, earthquake or other acts of
nature, riots. insurrection, accident, order of any court or civil authority, and strikes or other labor actions.
4.2 Payment of Authorized HFG Taxi Fares
King County shall pay the metered fare amount of a Business Account's Program Coordinator-authorized
HFG ride, as defined in the DEFINITIONS section above, for a one-way distance of up to sixty (60) miles.
Business Account or Eligible Employee taking the HFG ride shall pay any fare for a one-way distance in
excess of sixty (60) miles. King County shall not pay any taxi driver gratuity. Taxi driver gratuity will be at
the sole discretion of Business Account or the Eligible Employee taking the HFG ride.
4.3 Reporting
King County shall keep a complete record of all authorized HFG ride requests and provide a copy of this
record to Business Account's designated Contact Person if requested.
4.4 Program Abuse
King County reserves the right to investigate and recover costs from the Business Account of intentional
abuse of the HFG program by Eligible Employees. Program abuse is defined as, but not limited to, taking
trips for inappropriate reasons, unauthorized destinations and intermediate stops, and pre-scheduled
appointments not defined in the DEFINITIONS section above.
ORCA Passport Agreement Page 19 of 19
City of Kent BA ID: 2718
July 1, 2011 —June 30, 2012
w," Agenda Item: Consent Calendar - 7D
TO: City Council
DATE: June 21, 2011
SUBJECT: Washington State Parks & Recreation Boating Safety
Program Award - Accept
MOTION: Accept the grant from the Washington State Parks and Recreation
Commission in the amount of $21,866 and amend the budget accordingly.
SUMMARY: The Kent Police Department has received a grant award for the
Marine Law Enforcement Grant in the amount of $21,886. This amount represents
officer overtime hours for shifts on Lake Meridian for the period of July 1, 2011
through June 30, 2012.
Funding is on a reimbursement basis.
EXHIBITS: Award letter dated 5/17/2011
RECOMMENDED BY: Public Safety Committee 6/14/11
BUDGET IMPACTS: None
a
STATE OF WASHINGTON
WASHINGTON STATE PARKS AND RECREATION COMMISSION
I I I I Israel Road SW •P.O. Box 42650 •Olympia, WA 98504-2650 •(360)902-8500
Internet Address:http://www,parks.wa.gov
May 17, 2011
Debra LeRoy, R&D Analyst
Kent Police Department
220 4th Avenue S
Kent WA 98032-5895
Re: Boating Safety Program Funds— Letter of Award
Dear Ms. LeRoy:
Washington State Parks and Recreation Commission has $21,886.00 in U.S. Coast Guard
Recreational Boating Safety Funds available to assist the Kent Police Department with local marine
law enforcement efforts for the period July 1, 2011 — June 30, 2012 as noted below. These are
recreational boating safety education and enforcement activities aimed at reducing boating-related
loss of life, personal injury and property damage. Activities are tied to the U.S. Coast Guard's
Strategic Plan of the National Recreational Boating Safety Program 2012 -2016.
In order to receive these funds, your program must:
• Conduct on-the-water patrols and written vessel inspections based on your Federal Financial
Assistance Grant Application — State FY 12 (enclosed for your convenience).
• Expand patrols beyond those paid for with State Vessel Registration Fees and local funds.
• Emphasize enforcement of:
o Life jacket requirements, including lifejackets not worn as required, insufficient
lifejackets, and lifejackets found unserviceable or the incorrect size;
o Possession of the mandatory boater education card for operators required to carry it;
o Boat operation under the influence of alcohol (BUI) rules; and
o "Rules of the road" and other operating regulations.
• Participate in Operation Dry Water in June 2012
You may apply to be reimbursed only for activities under WAC 352-65-040, the ten elements
necessary to accomplish the Recreational Boating Safety (RBS) mission. These include but are not
limited to:
• Salaries, benefits, and wages for officers who have completed state RBS training and conduct
on-the-water patrols only, to maintain existing staff levels, increase patrol time above the
current level, or for over-time patrol hours. In general, officers paid with these funds must
have completed State Parks Recreational Boating Safety training per WAC requirement.
However, if an agency has a policy requiring two officers on a boat, then as long as one officer
has completed state RBS training the second officer is not required to have done so but must
be a fully commissioned officer.
• Purchase, maintenance, and operation of patrol boats and patrol boat equipment to perform
the RBS mission. This does not include equipment unrelated to this mission such as
equipment used in recovery operations (dive equipment, side scan sonar, etc.) or homeland
security missions (night vision equipment, weapons, etc.), or any other unrelated equipment as
determined by State Parks.
• Providing instruction classes in Adventures in Boating to qualify graduates for the mandatory
boater education card required by statute. Costs may include classroom supplies, light
refreshments and other goods and services necessary to promote and teach classes.
• Training courses for officers to complete the RIBS mission.
• These funds may not be used to reimburse indirect costs.
To apply for reimbursement complete and return the following:
• Marine Law Enforcement Grant Invoice Voucher (form A-19)*
• Summary of Activities Report (form A-428)
• Yellow copies of all written vessel inspections completed
• Copies of the vessel log sheet for each patrol vessel and shift (documenting spot inspections)*
• Names of officers performing patrols paid with these funds*
State Parks will, prior to July 1, send you forms for each of the items marked with an asterisk.
Apply for reimbursement each quarter within thirty days after the end of the quarter (ie: by October 30
for July-September). If you do not have any activity to be reimbursed, submit only the Summary of
Activities Report (A-428).
Your signature on the A-19 certifies that your Office has completed the work and has retained copies
of all of the supporting documentation for the commitment your office/department agreed to in your
Federal Financial Assistance Grant Application — State FYI 2.
If you have any questions please contact Mark Kenny at (360) 902-8835 or
mark.kennyfflparks.% aL .goy or Laura Holmes at (360) 902-8843 or laura.holmes@parks.wa.gov.
Sincerely,
t
yZ
Mark Bibeau, Administrator
Financial Services
WSPRC
/J t)
Enclosure
cc: Mark Kenny, Boating Program Manager
Contracts
Fiscal
KENT Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: June 21, 2011
SUBJECT: First Amendment to Rainier Pacific Management Lease
Agreement - Authorize
MOTION: Authorize the Mayor to sign the First Amendment to Lease
Agreement with Rainier Pacific Management, LLC for a Kent Police Department
Substation.
SUMMARY: This is a renewal of a lease initiated on May 1, 2008. The purpose of
this lease is to provide a West Hill substation for the Kent Police Department at the
Woodmont Shopping Center, located at 26226 Pacific Highway South. No basic rent
will be paid as the landlord desires that Kent Police Department's presence shall act as
a deterrent for illegal activities in the area so will donate the basic rent to the City of
Kent.
The City of Kent agrees to pay the pro rata share of the Operating Costs at the
location, which is $541.00 per month, as its portion of this private/public partnership.
The term of the First Amendment shall be 60 months effective May 1, 2011.
EXHIBITS: First Amendment to Lease Agreement and Lease Agreement dated
5/1/08
RECOMMENDED BY: Public Safety Committee 6/14/2011
BUDGET IMPACTS: Budgeted for 2011
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO THE RETAIL LEASE (this "Amendment") is made and
entered into and effective as of this 1st day of April, 2011, by and between Woodmont
Investments, LLC, dab Woodmont Plaza Shopping Center, a Washington limited liability
company ("Landlord") and The City of Kent, a municipal corporation of the State of Washington.
("Tenant").
RECITALS
A. Landlord and Tenant are parties to a Lease Agreements dated effective May 1,
2008 (the "Lease"), under which Tenant leases from Landlord certain portions of
the building located at 26226 Pacific Hwy South, in Kent, Washington (the
"Building") as shown in Exhibit A.
Now, therefore, for mutual consideration, the parties agree as follows. All capitalized
terms shall have the meaning set forth in the Lease unless otherwise herein defined.
AGREEMENT
1. Term. The Term of this Lease Agreement is hereby extended Sixty (60) months
beginning on May 1, 2011 and will expire on April 30, 2016. At no time sooner than 36 months,
Landlord has the right to renegotiate Base Rental amount with Tenant at Landlord's sole
discretion. In the event where both parties cannot agree on a Base Rental amount at that time,
Landlord has the right to provide 30 days notice to Tenant to vacate the premises and
Terminate the Lease.
2. Rent and Additional Rent. Base Rent shall be abated for the entirety of Lease
subject to Section 1 above. Tenant shall pay Additional Rent (CAM) to Landlord on the first day
of each month one twelfth of the Tenant's pro rata share of the estimated Operating Costs,
which for 2011 is Five hundred forty-one dollars and no/100 ($541.00) per month. Estimated
operating costs are recalculated annually. It is expected that Operating Costs increase and
decrease from year to year, but in no event should the Operating Expense to tenant ever
increase more than 5%from previous year's CAM costs.
3. Full Force. Except as amended herein, the Lease shall remain in full force and
effect. In the event of any conflict between the terms of the Lease and the terms of this
Amendment, the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first
set forth above.
LANDLORD: TENANT:
Rainier Pacific Management, LLC City of Kent, a municipal corporation
of the State of Washington of the State of Washington
By: By:
Printed Name: Jonathan Tran Printed Name: Suzette Cooke
Title: Asset Manager/Owner's Agent Title: Mayor, City of Kent
Date: Date:
11 Pu , nc Po+Y i S,,' o.abs n¢ 0,c �bs c Incn¢ dIncna�
Approved as to Form:
City of Kent Law Department
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 Jonathan Tran,to me known to be the Owners Agent of Rainier Pacific Management,LLC,
a Washington Limited Liability Corporation,that executed this foregoing instrument and acknowledged it to be the
free and voluntary act for the uses and purposes mentioned in this instrument and on oath stated that he was
authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF,I have herunto set my hand and official seal the day
and year as above written.
Notary Public for the State of Washington residing at
My Appointment expires
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 Suzette Cooke,to me known to be the Mayor of the City of Kent, a Washington municipal
corporation,that executed this 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 she was authorized to
execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF,I have herunto set my hand and official seal the day
and year as above written.
Notary Public for the State of Washington residing at
My Appointment expires
Exhibit A
21Pu' Po1ia: S,,' o.abs ion¢ 0,c pis c Incn¢ dIncnat
LEASE AGREEMENT
BETWEEN CITY OF KENT AND RAINIER PACIFIC MANAGEMENT, LLC
FOR KENT POLICE DEPARTMENT SUBSTATION
THIS LEASE is entered into the date fully executed by and between RAINIER
PACIFIC MANAGEMENT, LLC for WOODMONT INVESTMENTS LLC, dba Woodmont
Plaza Shopping Center, a Limited Liability Corporation registered in the State of
Washington, "Landlord", and CITY OF KENT, a municipal corporation of the State of
Washington, "Tenant."
1. PREMISES. The Landlord leases to Tenant the premises situated at 26226
Pacific Highway South, in the City of Kent, Washington that are described as 1,174
square feet of office space in the Woodmont Plaza Shopping Center, for use by the
Tenant. The area so leased is hereinafter called "the Premises" and is depicted in
Exhibit "A" attached hereto and incorporated herein by this reference.
2. USE. The Premises shall be utilized by Tenant for the purpose of operating a
City of Kent Police Department Sub Station and related ancillary uses and for no other
purpose without the written consent of Landlord. The Premises will not be used for
containment of prisoners for more than 2 hours at a time and no holding cell will be
built.
3. TERM. The term of this Lease shall be Thirty Six months commencing May
1, 2008, (the "Commencement Date") and shall terminate on the last day of April
2011. By signing this Lease, Tenant acknowledges that it has had adequate
opportunity to investigate the Premises. Tenant shall be permitted to take
possession of the Premises on the Commencement Date.
4. BASIC RENT. Tenant and Landlord covenant and agree that no basic rent is
to be paid. Landlord desires that Tenants' presence shall act as a deterrent for
illegal activities in the area and therefore donates basic rent to the Tenant. Tenant
shall Issue Landlord a letter at the end of the each year that confirms that space is
being donated to Tenant.
S. OPERATING COSTS.
a. Tenant shall pay to Landlord on the first day of each month one twelfth of
Tenant's pro rata share of Operating Costs, which is 00/100 Dollars ($0.00) per
month.
b. As used herein, "Operating Costs" shall mean all costs of operating,
maintaining and repairing the Premises, the Building, and the Property (consisting
of the building in which the premises are located and the adjoining land and
POLICE SUB-STATION LEASE AGREEMENT - Page 1 of 7 (April 9, 2008)
(between Rainier Pacific Management and City of Kent - Re: Woodmont Center)
buildings owned by Landlord), determined In accordance with generally accepted
accounting principles, and including without limitation the following: all taxes and
assessments (including, but not limited to real and personal property taxes and
assessments, local improvement district assessments and other special purpose
assessments, and taxes on rent or gross receipts); insurance premiums paid by
Landlord and (to the extent used) deductibles; water, sewer, gas, electric and all
other utility charges (other than utilities separately metered and paid directly by
Tenant or other tenants); refuse, garbage, and trash removal; refurbishing and
repainting; carpet replacement; air conditioning, heating, and ventilation; pest
control; lighting systems, fire detection and security services; landscape
maintenance; management (fees and other personnel costs); parking lot, road,
sidewalk and driveway patching, resurfacing and maintenance; snow and ice
removal; amortization (in accordance with generally accepted accounting principles)
of capital improvements which may be Installed by Landlord in the future to comply
with government regulations and rules or undertaken in good faith with a
reasonable expectation of reducing operating costs (the useful life of which shall be
a reasonable period of time as determined by Landlord); and costs of legal services
(except those incurred directly relating to a particular occupant of the Building);
accounting services; labor, supplies, materials and tools; repairs, maintenance and
repairs to the roof and walls.
Operating Costs shall not include Landlord's income tax or general corporate
overhead, depreciation on the Building or equipment therein; loan payments; real
estate broker's commissions; capital improvements of the Building not described in
this paragraph; or any costs regarding the operating, maintenance and repair of the
Premises, the Building, or the Property paid directly by Tenant or other tenants in
the Building.
c. Tenant shall pay to Landlord Tenant's share of Operating Costs following
the procedures set forth below:
(1) Landlord shall provide to Tenant, at or before the Commencement
Date, a good faith estimate of Tenant's prorata share of annual Operating Costs.
Tenant's prorata share shall include all Operating Costs for the Buildings and
Property and the proportion of Tenant's rentable area of the Premises to the
rentable area of Tenant and all other tenants using the rights to use the Common
Areas.
(ii) If the amount paid by Tenant for that year exceeds the Tenant's
actual proportionate share, Tenant shall be given either a credit towards the next
common areas payment(s) due from Tenant, or a refund if the term of the Lease
has expired. If the amount paid by Tenant for that year is less than Tenant's actual
proportionate share, Tenant shall pay Landlord the deficit within thirty (30) days of
receipt of the written computation. An appropriate proportionate adjustment shall
be made for any period of less than a year.
POLICE SUB-STATION LEASE AGREEMENT - Page 2 of 7 (April 9, 2008)
(between Rainier Pacific Management and City of Kent- Re: Woodmont Center)
6. SECURITY DEPOSIT. No security deposit is required.
7. COMMON AREA. Tenant shall abide by rules and regulations adopted by
Landlord from time to time and shall use its best efforts to cause Its employees,
contractors, and invitees to comply with the rules and regulations, and not interfere
with the use of Common Areas by others. Landlord shall maintain the Common
Areas in good order, condition, and repair.
S. UTILITIES AND FEES. In addition to the Tenant's Prorata Share of
Operating Costs, Tenant agrees to pay all charges for natural gas, electricity and
any other utilities separately metered to the Premises.
9. REPAIRS AND MAINTENANCE.
a. Tenant's Obligations. Premises have been inspected and are accepted by
Tenant in their present condition, Tenant shall, at its own expense and at all times,
keep the premises neat, clean and in a sanitary condition, and keep and use the
premises in accordance with applicable laws, ordinances, rules, regulations and
requirements of governmental authorities. Tenant shall permit no waste, damage
or injury to the premises; keep all drain pipes free and open; protect water,
heating, gas and other pipes to prevent freezing or clogging; repair all plumbing
leaks and damage caused by plumbing leaks; replace all glass in windows and
doors of the premises which may become cracked or broken; and remove ice and
snow from sidewalks adjoining the premises. Tenant shall make such repairs as
necessary to maintain the premises in as good condition as they now are,
reasonable use and wear and damage by fire and other casualty excepted.
b. Landlord's Obligations. Landlord shall, at Landlord's expense, repair and
maintain the structural portions of the Building, including the roof (and the roof
membrane, except that the maintenance of the roof membrane shall constitute an
Operating Expense), foundation, bearing and exterior beams and supports, flooring
and subflooring. There shall be no abatement of Rent and no liability of Landlord
by reason of any injury to or interference with Tenant's business arising from the
making of any repairs, alterations, or improvements in or to any portion of the
Building or the Premises or in or to fixtures, appurtenances, and equipment if
Landlord shall have taken every reasonable measure to avoid any such injury and
interference.
10. TENANT IMPROVEMENTS. Landlord agrees to pay the costs of
constructing a demising wall separating the leased premises from the remainder of
the building In which they are located. Tenant agrees to pay for all other tenant
Improvements required for its use ("Tenant's Work"). Tenant warrants and agrees
that all of Tenant's Work shall be performed in conformance with applicable city and
state building, electric and fire codes under validly Issued permits. Tenant agrees
to defend, hold harmless and indemnify Landlord from and against all costs,
POLICE SUB-STATION LEASE AGREEMENT - Page 3 of 7 (April 9, 2008)
(between Rainier Pacific Management and City of Kent- Re: Woodmont Center)
expenses, and liabilities of all kind arising out of or related In any way to Tenant's
Work.
11. ALTERATIONS. Tenant shall be permitted to perform Tenant's Work, and
with Landlord's prior written consent, such other alterations, additions and
improvements in said premises, at Tenant's sole cost and expense. In the
performance of such work, Tenant agrees to comply with all laws, ordinances, rules
and regulations of any proper public authority, and to save Landlord harmless from
damage, loss or expense. Upon termination of this Lease and upon Landlord's
request, or Landlord's approval, Tenant shall remove such Improvements and
restore the premises to its original condition not later than the termination date, at
Tenant's sole cost and expense. Any improvements not so removed shall be
removed at Tenant's expense provided that Tenant shall pay for any damage
caused by such removal.
12. SIGNS. All signs or symbols placed by Tenant 1n the windows and doors of
the premises, or upon any exterior part of the building, shall be subject to
Landlord's prior written approval. Landlord may demand the removal of signs
which are not so approved, and Tenant's failure to comply with said request within
forty-eight (48) hours will constitute a breach of this paragraph and will entitle
Landlord to terminate this Lease or, in lieu thereof, to cause the sign to be removed
and the building repaired at the sole expense of the Tenant. At the termination of
this Lease, Tenant will remove all signs placed by it upon the premises, and will
repair any damage caused by such removal. All signs must comply with sign
ordinances and be placed in accordance with required permits.
13. CONDEMNATION. In the event a substantial part of the Premises is taken
or damaged by the right of eminent domain, or purchased by the condenmer, in
lieu thereof; so as to render the remaining premises economically untenantable,
then this Lease shall be canceled as of the time of taking at the option of either
party. In the event of a partial taking which does not render the premises
economically untenantable, the rent shall be reduced in direct proportion to the
leased property taken. Tenant shall have no claim to any portion of the
compensation for the taking or damaging of the land or building. Nothing herein
contained shall prevent the Tenant from Tenant's entitlement to negotiate for
Tenant's own moving costs and Tenant's leasehold improvements.
14. PARKING. Landlord shall have the right to make such regulations as
Landlord deems desirable for the control of parking automobiles on the real
property adjacent to the Building or property under Landlord's control, including the
right to designate certain areas for use by Tenant and other tenants of such
properties. Tenant shall have the right to park in three (3) designated parking
spaces to be located in front of the Premises in the common area parking lot.
POLICE SUB-STATION LEASE AGREEMENT - Page 4 of 7 (April 9, 2008)
(between Rainier Pacific Management and City of Kent - Re; Woodmont Center)
15. LIENS AND INSOLVENCY. Tenant shall keep the Premises free from any
liens arising out of any work performed for, materials furnished to, or obligations
incurred by Tenant and shall indemnify and hold Landlord harmless against the
same. In the event Tenant becomes insolvent, bankrupt or If a receiver, assignee
or other officer is appointed for the business of Tenant, Landlord may cancel this
Lease at its option.
16. SUBLETTING OR ASSIGNMENT. Tenant shall not sublet the whole or any
part of the Premises, nor assign this Lease without the written consent of Landlord.
This Lease shall not be assignable by operation of law.
17. NOTICES.
All notices, requests, demands, and other communications hereunder shall
be in writing and shall be deemed given if personally delivered or mailed, certified
mail, return receipt requested, or by a courier service, to the following addresses:
If to Landlord, to: Rainier Pacific Properties
Attn: Diane Frias
PO BOX 3003
Seattle, WA 98114
If to Tenant, to: City of Kent
Attn: Charlie Lindsey
220 Fourth Avenue S
Kent, WA 98032
With a copy to: City of Kent
Attn: Capt. Michael Painter
220 Fourth Avenue S
Kent, WA 98032
18. TENANT'S PAYMENT ON EXECUTION OF LEASE. Upon execution of this
Lease by both Landlord and Tenant, Tenant shall pay Landlord 0 and 00/100 Dollars
($0.00) in payment of the first month's Operating Costs.
19. OPTIONS TO RENEW. Tenant and Landlord, upon mutual agreement at the
end of this initial lease term, have one (1) Three-year (3 year) option to renew this
agreement at a lease rate mutually agreed upon at that time.
POLICE SUB-STATION LEASE AGREEMENT - Page 5 of 7 (April 9, 2008)
(between Rainier Pacific Management and City of Kent- Re: Woodmont Center)
The foregoing conditions are mutually agreed to by the Landlord and the
Tenant.
LANDLORD: TENANT:
Rainier Pacific Management, LLC City of Kent, a municipal corporation of
of the State of Washington the State of Washington
By: By:
Print Nam THAN TRAN Print Name ETTE COOKE
Title: Pro erty Man ger/Owner's Agent Title: of ent MAYOR
Date: S�/T�d Date: d
(Notary Acknowledgements Appear on Next Page)
APPROVED AS TO FORM:
Kent Law Department
POLICE SUB-STATION LEASE AGREEMENT - Page 6 of 7 (April 9, 2008)
(between Rainier Pacific Management and City of Kent- Re: Woodmont Center)
STATE OF WASHINGTON )
ss.
COUNTY OF KING
On this L4r_ day of 2008, before me a (rotary Public in
and for the State of Washington, persopf Ily appeared ,1na&jfV,s. T�✓i , to
me known to be the rte25A14wAl of RAINIER PACIFIC MANAGEMENT,
LLC, a Washington limited liabilify corporation, that executed the foregoing
instrument, and acknowledged it to be the free and voluntary act, for the uses and
purposes mentioned in this instrument, and on oath stated that h'C were
authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first abLve�wrltten.
doT } Notary Public in and for the State of Washin
residing at OL5 5L.') /
My appointment expires
�'?`•. . ...• ,PCs a``
SI ATLOF WASHINGTON
} ss.
COUNTY OF KING )
On thisc.---,— day of ry 2008, before me a Notary Public in
and for the State of Washington, p Wally appeared SUZETTE COOKE, to me
known to be the Mayor of CITY OF EN , a Washington municipal corporation, that
executed the foregoing instrument, nd a knowledged it to be the free and voluntary
act of said corporation, for the uses a purposes mentioned In this instrument, and
on oath stated that they were authorized to execute said instrument.
-Notary Seal Must Appear Within This Box-
A
S, WHERE I have hereunto set my hand and official
se� y G, ' st above written.
# atA4* ".2 a
sZ, S :
9
= Notary Publi;4 and for the State of Washington
9 OF WAg��_' residing at V-DL G+ C,
My appointment expires `l—
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POLICE SUB-STATION LEASE AGREEMENT - Page 7 of 7 (April 9, 2008)
(between Rainier Pacific Management and City of Kent- Re: Woodmont Center)
Exhibit"A"- Site Plan of Premises;
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[Remainder of Page Left Blank Intentionally]
w," Agenda Item: Consent Calendar - 7F
TO: City Council
DATE: June 21, 2011
SUBJECT: Washington Traffic Safety Commission Grant - Accept
MOTION: Accept additional grant funds in the amount of $1,000 from the
Washington Traffic Safety Commission and amend the budget accordingly.
SUMMARY: These additional funds will provide officer overtime funding to
conduct high visibility enforcement traffic safety emphasis patrols in support of Target
Zero priorities.
The original Target Zero grant was approved by Council on November 16, 2010.
EXHIBITS: None
RECOMMENDED BY: Public Safety Committee 6/14/2011
BUDGET IMPACTS: No City matching funds required. Funding is on a
reimbursement basis.
KENT Agenda Item: Consent Calendar — 7G
TO: City Council
DATE: June 21, 2011
SUBJECT: Easement from Boeing Company for 72"d Avenue South
Extension — Authorize
MOTION: Authorize the Mayor to accept an Easement for 72nd Avenue S.
from the Boeing Company, subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: 72nd Avenue S. exists from S. 180th Street to S. 196th Street and
from S. 200th Street to S. 228th Street. The 72nd Avenue S. Extension Project will
complete the missing link between S. 196th Street and S. 200th Street. Two roadway
easements are required in order to obtain the necessary rights to construct the
extension. One of the properties is owned by Boeing. The Boeing property is also
partially located within the Western Processing Superfund Site (regulatory oversight is
administered by the U.S. Environmental Protection Agency and the Washington State
Department of Ecology). Boeing has agreed to donate an easement over the property
to the City of Kent for the proposed roadway extension. More importantly, Boeing has
agreed to hold the City harmless for any future remedial cleanup actions. As part of
the easement, the City will pay Boeing $82,251 for costs associated with relocating an
existing office building from the west side of the future roadway to the east side. The
relocation is estimated to save over $100,000 of future construction costs (retaining
walls, security fencing and utility relocation) which would have been required if the
building were to remain in the current location.
The City has been looking at grant opportunities to fund and build this road in the
future and, over the years has been acquiring the necessary easements. In most
cases the grant agency requires the project to be ready to go to construction, which
means easements such as this need to be in line.
EXHIBITS: Easement and Exhibits
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: Funds for payment to Boeing have been set aside in the 72nd
Avenue S. project budget, which has been funded through developer mitigation fees.
Return Uj:
B004% Law. Deparunent
7755 ,B.. Wgitud Way S.
m C I I-XT
scaus, WA 98108
mm: Real Estate
DocumewAde
Easement
Reference ummArs of rOaNd t1locumenh: N/A
CronMr: The Boeing Company
Cranke: Ile My of Kent
Abbreviated Legal Descriplon: SW V4 ol' Mv SFCTION 1, TOWNSHIP !22 Noram
RA3 01", 4 EAS1, W.M., KING COUNTY, NVASHINGH(W
Full legal descriplion on Exfidlil A aUdivd1wivto
Assessor'spaivelluo(sy 3829(10-0005"
EASEMENT
For in(] in consideration of the mutual agreements sd forth herein and offier valuable
consideration the receipt OF WIM is herset,)y acknowledged, 'ItIF, BOEING UNIPAMY, n
Delaware corporation ("Grantor" herein), hereby grants and conveys to the CITV OF I'U',1, a
Waghirgton nualicipat Corporation ("Grantee" herein), for publie right of way and for the
purposes hereirmaRer set fbAh, a morroxcluive perpelral casement, over and across the real
property in Eing May, Waslingk"i as described in ExhiR A allachcd hereto (11te
"Property"), such casement to take up Te catircly sal Much Properly (Ove "Fa,,ornera Areal"").
Ras easonent ("Hasennenl!") is granted subject to and conditioned upon (110 Woming
tarms, conditions and coverrants WIS Cbrantee and ChanWr hereby lrondso to INhfuRy and
fully observe and perform.
L EMAxgc, SuNed to the terms, condhions and restrictiors set Parlh in this Easernent,
Raw shall have The Qgla to consIrLIC1, OPCIMC, rnainuiin, repair, and replace a public
roadway, it ctfterl for Mill Creck, and utility linos (such mus collective", the "Approved
Eascalurt Purposc") over all(.1 across the oxisfing gurfilce (if file Fasernent Area and the air
rights abavc it, When Possible, all utiIily lines shall be located aboye the currently existing
gVg)aJjjd SkirlmOL elevation,, Using Fill niaMs sdectal and imported by Grantee. The location
of the roadway. uAlly limes and oftor implDvernents to be construeWd by Grantee upon the
Ni,semeni Area shall he sutrject to review and Quen approval by Grantor, such approval not
to lie unicasonably withheld or dclayQd,
2, Conmli ncg a
Phancly Lawrand HW& Grantee shalt r all EMS exercise its d9fids herein
in complimme wills all applicable lawns anit WgUlAli()11S. Crantec sliall obtain all pvrrihts aml
appnovals roquhrd by any govenAnenial agpicios that may be necessary for Grantee's
intended u.qe of the Haqemeni Arca.
3. fIrmlhce Grantee shall not use, or allow the ose of, the Easement
.Area kir any purpose whatsoever offier than the Approvad Easenlent Pa pose. Cirantee shall
exei6se its A41fts under this Agreement so as to minhnizo, aid avoid if reasonably foss iblc,
irucTrCrUnCQ with Orantor's rise of the Fa.wrnem Area as wet Rirdi in Seelion 4 holovv. Orantee
shall mainlain and repair the Basement Nava (and improwmoss thereon) as ncccuary to keep
the same W a nun], clean and We condition to the extent such car, lie rcisoribly, expected Il
p0lic suvet dght of wmy� GrantLT shall nel dig, cut of othcrvise penetrate them current surTace
level of the jovurld, the slurry wall, or the cap Occ Exhibit B) K to Easement Area Whout
first obtaining written consent trout (irantor; which consew shall require detailed plans to lie
provided by 6rantee, and which consort Mill may he withheld in Ommor's We and absolve
NoWan.
4. Colmar Use OLOgyasernelit tNra�i DQ Pycons in, 0- gear, Grantor reserves d10
right to aKxcs,s ,wai use* the Haseniert Area (i) to inaint,'Jit, 1110intor, arld, if 111ccessary, relocate
the existing wol W, ARes and cHwr impmwernantg and mechanisms cunvndy on or tattler the
Easernma Area, mud (ii) for any purpose not inconsislent %vith the rights herein granled to
Orantee; providcd, that Cirninor did! not construct, relocare or imainaln any huHdhg or oUwj-
- 2 --
structure on the I:asoricrot Area ),vfilc) Would interbetp Willi the exercise of' tho rigbas herein
gnonled to Ciratowe. Giantee shelf make provisions satisfactoty to Ch'antoo too, conflinued
across by Grantov Wang, over and across die Easement Ares during periods In which Oninfec
is conducting clonstruction or other aicjvjdes. In the evcm of an eniorgency requiring
itinnedWe action by either party Ir So proleclkat, of its facilities to ()file]- persons 0
Ix,olowy, such porly way take such aelAn upon nwh notice to the anther party as is reasonable
tivicier the circumstances.
5 for--(jtqn[or..,Cqsts,. In ant dpationt of this Easement and as a
pivreqNsM in the hmprovenrenis Mince would hire to construct in the Easement Area,
Crainor, ia Giroonce's request and with G ainw's knowledge, previously moved a portable
office and relalod quipriocnt Urnerly located vitioni the Hasenient Area in at dillki-crit
locatiom The Costs of, sruch tinove are sect forth on Schedule I attached 11(rcto (collectively,
"(jraroftor's MOVlUg Grantor's Movnig (',M have been ieviewed and approved by
Ommee and SaMcc howhy Vgl%w to rt'ifflbuffsc Grarflor for all oaf Granter's Movinp� Costs
conternpOraTICOLISly With the execution of this Easement. Adchtioarny. hased upon 6rantee's
tuiticipatcd improvements in the Hasement Pova, Groonlur may be required in the nature to
move certain wells currently located Within doe Easement Area aiid incur costs as as result
thercof(any such costs, "Well, Movilig Costs"). If Grantor is required to Inove such, wells„
Orantor shall Y!) advine Chinke and shall provide Uriur(N, in writing, Ciramor's good faith
tNifinate of anticipated Well, Moving Costs. Within ten days of Orantec's reccipt of sueh
good Adi Mriatc, Grantee shall tither awltorize Graittor U, move the wells in question or
shall offer air alternative plan (and if' Ohanlec fails to provide e4hor resporise within said ten-
day period, Grantee shall be deerned to have authorized Chratilor to move the wells in
question). Grantor shall nol he rocluked to accept such ahuniative plan undes,,, it provides for
r'CdHCM WcH Moving Costs and is rippkOvk%i in voi iting by dic United StaLes i�nvirvrrnicntaf
Protection Agency (USEPA) and flic Washinglon Stilt', Departmont of Ueology (WDOF) a's
M as (Swor and (Antoo, but in no event sliall Grantee tzAc tiny action that squires the
movement of any (4 (Jouritor's wells unless arid until such approvat has been obtailred. if
(Amw notified Ch-arrIce in wilting, that in Manmi's goml Ath opiniam, the apt-onwal ofeithar
USEPA or WDOJ& for Saurtec's altenutive plan is not fladhooning, Grantee vVill approve Ow
IM orighmlly subtritred by Grantor After Glaritor has completed nioving the wells in
question, Gnintor shalf submit an bwokO 10 (3111MCC fK 10 actual Well rOOVing 'Cost" that
(irarotor incurred in connection Will moving said wells, Mohin 30 days of(irarlor providing
written curt mice to (kantee of any Well Moving Costs, Onintec shall reimburse Grantor for
all such costs.
6, FiffCctive t1por, the date (if this Easement, Grantee LOA be
rcasporisdnlr for payment or it real prrlperty taxes iclating to the Property. Grantee shall pay
aill such taxes directly ill a finooly inanner or shall conflorn the exemption of the property frorn
oval propeFly taNcs Wen excimption is available, hi either event, (Jrantee shall provide Grantor
mAth Muen proof thmneoC(Le, proof of paynicni or the examprion). 11) the extentthe date of'
this E'agernent falls during, the middlo of a lax payment period, oval property taxes; sin H be
1vorated appropriately based rap on the number of' calendar days fit the tax payment palud
jorim- Lo the (late of this L,`,isement (for which CjoanaN sludl 'bo rcVonMbk A paynoeart), and
—3 —
the ramber ofcallcladar days in the Uts ,ap i IV, all yrocyll peri,oe c�)oaocjjcirjg, tlfv�aj (Lord hiclud t d
Cook date of this kastancrit (Or. while Wonlec sho-'fll he responsible for payment).
7, IUQ1:vv1; X,-nd lmmn�� -
tLand 1D
Grantoc agrees to release, hideniniCy and hold harniless (Iratilor, its corpolate,
affi[i a te S, and Cramer's gtwcessots or assigns in title to the Property, and each of their
r sjl dhectors, officlars, ernployces, agents, scrvarlls Laid represcraftlivos, (the "Grantor
Indemnified Panic,S) Rwri gwy and all Move, Habilities, dernands, clainis, suitti,,jarclgur ants"
licim, award& mid damages oFany kind Or Character whaisoever (hcrcinaftcr referred to as-
"Clahns"), including clainis lor injury 10 Or death OF any POMON loss of or damage to the
Property or any property of Grantor Ioca[cd therwn, and costs, expense,,,, and 3casonahte
attorneys' lies inctir-rc(i by Grantor in connection therevvIll (including costs in uorinection
with estaNiAing the right to indeninification hereunder), asserted or arising Arn, on neawnt
of, or in Connection with operation, w1intCrIlloCC, USV, Or cO(AvOl 01*111C 1,MSColent Arca. (and
nriprovcritents thereon) or presence an the Property in connection therewith Of Gtk"aoe, Of Lilly
agent or ernp oycc (If G]anueo (collectively tKuTed to as "GrariLec" in this `wction 7), or Lilly
contractor, provichrig goods or services to Granice (It- tire persortiol thereof (collectively,
"Glantee CrnitraCILW,); provitiLd that dic foregoing shall act apply to any Clainis tcv the extent
arising, from the exisling, hazardous wLtqc conditions that exist oil Laid under the Easernerd
Mea as of the date of this 111swinent which are Lturebtal IS the excibse by C. or any
Granht c Contractor of Me rights aRlorded hovulider (the "I.xistirg E'llvirornmundal
Conddion") The Anep9ng is additionally not intended to rc4qL6-c, and shall not rcelUirC
Cranuce to indeinnify the Cyrantor Indemnified WrOcs with respect Lo any Clahin to the extent
cowed by The ncgligm-l" or willful uniscon,duct of any of the Grantor Indeninihed Panics.
With respect to all car any Portion of the indonnity obligation 4d)ove which may lie held to lie
within the pore ew of RCW 4 241 15, such obligation shall ripply only to the maxinoull extent
pernihted by RCW 4.24.1 l ti. In no event shall Graintee's oll licrcunder lac. limited to
the extent (If' any insturance availa[Ae to or provided by Grantee, Without thinting the
guncrJity of the, Wpoing and without dilbeling! CirantcQ's obligation to rcl(ase, inderinlify,
and hold ll as set not in this 'Section 7.1, Grantor and Grantee acknowledge that
Chantees agwernoit M he sciflernent or any claim agnins? Warvicu in excess of$15,000 "ill
reqvilro the appraval of the h1crit City CooncH pursuant to We raclpimments of Scuion
2.97.020 ofific Kent City Codc.
7.2 Uranior :igirces to release, hWmnnH) and hold harruless (htinu= and each of
its respectbc, Cniployces, agents, scrvants avid representa6vcq, (JiL "Gnarece Indemnified
Parties'') 1,10111 Lilly and all Cloinis; including claims for u`jjL1l-y W Or cleath 0CUa)" PICuSOV, 1(1,,;s
of or damage ro any ,prap,Cfrty, and COMq CKPWISCS rind reasonable mtorneys' lees nwwrQd by
Grantee in connection therewith (including casts in cmilioction with establishing flee right to
indernnificadon hereunder), asserted or arising frorn, on account oL or in connection with the
Exiling Environnicn[M Condhiriart or horn whel"Claillis to 01e QX[cril CIusckl by the willfill w
negHgert niscondaw of Grontot In no event shrill (hantor's Obligations licro.mder be Whed
to the extent of nny iiNurance available to Or 1-.wovided,by Crantor.
-4 -
7.3 Solely for the purposes of enforcing the imlenuiuy provision, in this section 7,
each panty expressdy Waives its in-u-nunity under Tifle 5 t of tine Revised Gode of Washington
and agrees that the obligation to n1dCrIluffy, LiCilend and hoId hurriless pj%)vided for in 01i's
scciiou 7 extends to any such clitirn brought against Ilie indemnified party by or on oulialfor
any empkiyee of die indenmiying party. TO foragdog waiver Will not in any way IYOUCle
the indernnijing party From i-,6�ing such iiinrumity as a de(ense aigainst any claim brought
against the inderrunfl}ing party by any of its omployees.
8, Notices. Notices ruquircd to be 41 writing under this Agrewncra shall, be persomAy
served or sent by U.S. mail or rationally recognized ovetrught delivery service. Any notice
gRen by nwil shall be docnied to have been recAved Own three days have chupsed from the
titric such notice was deposited in the 11S. mad adUssed as Ulom s:
lb Ow tor:
The Boeing Corripiny
cAi Western Processing
20015 72nd ,Avenue South
Kent, WA 98032
wish a copy tea:,
Boeing Law Department
7755 It lWarOnA Jhly Souffi. MC I p-XT
Sewth, NYA 98 1 M
AQW: Real ISMe (Tunsel
To Grantee: Public Works Direclor
(Ty o F Kom
220 FouM Avaim Satuh
Kent, WA 98032
hither party may change The adIvas U) which nolicos may be given by gcvung nofiecas above
providcd.
9. THE FASF.MFNT AREA I lj(C)VlI)['j) df,() GRANTEP, "AS
WHERI.,, IS" WITH AL[,, FAULTS AND WlTHOUT WARRANTY OF ANY KIND. The
rights granted herein are suhject to permits, leases, licenses, and easenients. Fary, heretol'ore
granwd by Ommyr Alleting 10 Ensernent Area. Granter does not wenialt title to its property
arict shall not lie HaNe At delhus Olereta or fadure thereof. Any &ns, specifications, or
dWWingS (COHeC1iVQly, "SLIbulinal") prova&d by ClrarLce to Grantor Pursuant to this
Agmernem are for Chranlor's AWnimhonul purposes ardly, Any analysis, review or ,,ripproval
by Orantor, or (ininicul lhilure N) onalyve, review or approve such SubmjUat (invhlding
&HUS: to discover any envr or dries in such Submittal) shall nix rcHcvu amnice or any (wits
obligadons under ON Agreement. CUM lierej).y expressly disclinni,,; any and aH warrantics,
— 5 -.
"Press or irnplie(l, with respect to any sucli Submiltal dcveloped, reviewed or approNT(l by
Grantor as a conditico of this Agreement,
10. CmCy.cruants Ruln i A I U� , jig
—I l a-lyi I h�hu LaR _ttls, The teri'm and conditions
oC this shall be covwarrts running with the land, and MiaR burden and heneM the
Grantor, the Orcmee, and their respective successors and assign:, in interest as ownct'S Of the.
Pi-operty (in the case of the Grantor unrd Its succesy,rrs and or as grantees of(lie raghts
hereardcr (in the case of the Gratilm and its SUCUSSON and SIJI7jCCL to tile
restricti()jis out transfer or assAgnmeut set fix-1h herein. Upou lraro-Oci- of tide to the Property by
Grantor, flic benelits arnel burdens of this AgrecmcnL shall pas" to 111C trvllsf'olvo. Granite
acknowdcdges that the 6glns grallted to it heWLnldCr are Sjweific M ("Truntec, arld 1114L OrzWor
vvould ll<.,It enter into this Rmsement with any pjtty a)IJjer itian Grantee. As such, Grantee
agrces that it may not haludcr t)r assign any rights, hereunder in ally manner Without Grantor's
prior written cullse]A, which may be granted or withheld in Uramor's �Ao and absolute
&scro'do)n.
11. AtIoMpys' Feis- fil tile event either paily brings a legal notion ogaiiist the mhor party
it) enforce its rights holeunder, each puty shall be responsible 1'or its own costs, and attorlicys'
12. ! cLNlcr).rur.-J I'M We S. Hle Famllent grarated herein shall not be OXtiapished or
tennhialed by operation t),f the doctrine ofmorger or ollherwise due lo the ex�stmg or
CLaure ccrilmon ownership ofthe real properly des"ibed hercill.
13, (Lomij2tqL Pw This F,ascment contains the entire agrcernenl of tile parlies; with
ie prd to this subiect inattet untl supersedes all prior or colmomporancous writings m.
d,wassiom relating to the casement povidcd For herein. This kascirlew may not be kuncadcd
except by Ej Wrin011 dOCLUllerlt CUCuLd after the date heleof by li-re duly c1llhoriYc(1
representatives of Grantor and Grantee,
14, Cjro ce of L W: Von ac'-0)Unlerpart s. rhis Fascrueni shall be governed by The laws of
the Slate ofwoslAngton, exchtsive ol'its choice of law rules. VC11nQ S11,A]l Ile in tile Superior
Court for Kfin; County, Washington. 'rins L,asement inay be exuated in any numbet, o,f
Wunrerpaits, catch of which wh,r Qxecmed and delivered shall constitute an origill0i
Fasernerit, but AI of whic I I together shall.constitute olic arld the saw", I,a's uurtcllt,
(;ranto,o: Grantor:
I'l I E C ITY OF KENT Cl',l 1; BOEING COMPANY,
a Delaware corporation
BY: ............. 3y: ...........................
Its: Its:
...................
L)aut .......................
.......................
ACKNOWLEDC'MENT
S FATEAV
COUNTY OF
On 20 befTwe Ine. ...................... Nolal-y PubliQ, pmonally
appeared ....... personally kivmn to me or provvd to Me M] the 1)'OiS of
.wisfactory evi(Icneo) to he they person "whose narne is subsmibed LO TO smithin inmunent and
ocknondedged to tm� that he/she cNecutod the saniL in hisiher mthminud capacity, and tat I,
Wfher signmure on the instrument Cie person or the enfiLy opon behalf' of which the ilersoll
acted, execrated the instrument.
4w ITNI'-.8S iny hand and offl6ol seal
(Jhi mun foi ofikkil nowinh,cuo
(Signalure)
............. . ..............
— 7 -
AcKNOWLEDGMENT
STA I E 0 F
COUNA Y 01F
Oil 20 before me, ........... Notary Pobfic, persolially
appol re,,c,I-, ............ pmonally Liovn to me (or proved to me on the basis of
satisfactory evidence) to be the pmson whose raRIC us subscribed to tire vvithin instrument end
acknom4edged to me thal, he/she excUVed the game in his/her authotiivd capacity, and that by
his/hcr signatum on the halument the pemon or the MY uPoll bell3W of Vhich Inc NNW'
CYCCLnea'i the instrument,
Wl INESS, my Innid and official sefl
{Ihl area oroffiulml 31"Ind0scrilp
(Signature)
P:\C I 0hjAcSWP4",H4,,!%QJ A110 Pllhk LV ibu Cen ialPyMMsI PMC RCIV2 kj,,,W �M kc
EXFlIIU T A
L,l.1GAL.DESCRIPTION 01" l'RQ91'halTY
TILAI PORTIONCl1' "I'111: SC711TI1W1_S"T ( 11��k CI.TC OF °II R" [VClRTL9W7 ST OILAICTFI(
C)l' S[;C' TI[)N 1, I°CIWNlSHIP 22 NOICH1, RANGE 4 MAST, W,M- IN KING COUNTY
4'r'l1SHINGTON, DFISC;I(IBED AS FOLI,OWS.
C`:4:7N1Ml'if`df.°,[NO A'I H tF WEST QUlklil'ER C'CDBNER SAID SI:C'.'I"ION 8, ' f IE'N[ I:
N89157 IF, OV SPCTION I A DISTANC." OF 1.34120 FEET.
'1"01141> SC?lT1'HFAS"I" CORNER C)➢° S hll SC)ll"'p l'1 WI',S 1" C711, 1("I file, "1"I f NC",I:NCII 'l:`Ll
:loo I I.P:"fl"T'C '9'BI1.^."I'IiCtg: POINT OF 1111:(:dINNCN(` 9'l-1l,N( 1' CON`FINt 11NO NllRTJI.
I0201 LIwI", NIORF, OR1.1 vS„ 'TCI 719L; NOR I"II faNL OF 11'Il: SOU"I'13 V'IiS"1" Cpl f:4ltl 1;,Ii
C1l^' "Tlll, NC�➢RT'CI'ti�IL "I" OIi�R"I'T�I� CST SA117 SF1":"I°ION 1, Tlll^.N('t�? 'W�I;S I`l3RT,�',
A,I�C'a,NCI tiA.1F� NC)N'CT"'l�1 ll.lNl?, 'I'719.a5fp I I;I:;'I; `Cl tQ:N(,"I�, S;C:Y1J,l F➢ 1{��'CD 1�'L;#>1, I�1'C�NCNs (:'aTt
LESS; TI1UNCI'. N89"5TV 18 L90 I EI?'l', 'MORE' OR LFSS, "IO l f IF TRUI; YOIN] Of
BE;CHNNING; EXCEPT ' FIAT POR°I ION CONl7EMNls1) FOR DRAINAGE DITCH IN
KING COUNTY C OURT C° AUSF NC5,32912; AND IuhCT,1l`Y l IIAT
PORTION I'_,"YIN(11 NOR 111 OF 'THL, NORTI11"RLY MARGIN OF SAID DF..AIIvAC,E
DITCH C,ONDEMN.AT➢ON (BI.;ING KNOWN AS A PORTION OF LOT 1, KEN I AC RI?,S,
ACCORDING lO `lB E 11NRT,C:ORIILD PLA]" 'I' ERFOF}.
EXIIIJBIT 13
LOCATION OF SLURRV WALL, AND CAI'
1
'�', �RaM.hlCCblbIg,IGaiCFI � � �� Ir/lib)` ;fj
N F' Paamsna a ex eNa cn d
Gnla°r WW"Il, r 1 ) I
I
Ir j
�11J/ Y �I �P
1 �plJ� ltr,u,��� kl
If
rra**arr�ln,a¢-
r `
f
O/
i
r �
r rri/ r""" l � f` ✓
r4rH ';"'r l
If
if
,
s
{1
/ If
4 i r
f i if i P
@I - cA nff may Mum lI W419AW
Is mic 117 Mmel IMd�dA Mlaw,paFtAm
"wmaw,at 9d Magda".En I OA U, lea Id C,UUM1 Ame5mom7aa Wo
Flyitu!r:
'wr'»'"wm Po-M7rsnssgsq Paarcol Map- 38290DO005 +q
sc.mDULF 1
GRANTOR MOVING COSTS,
TASK ACTUAL COST
i D71 c nneel 1161i es $5.54
2. Remove :SUrC.ng S500
a. N�.�;tttovegaa,rrch/rlecks $l,(1C)ll
4. R n ave grinder isaIMP 9 440
5. 'Grader site 1welm ration $7,415
CS. BUila'ing rnoving blucling $20,125
7. C'01WTlUlliC2 i00lirle $14,187
9. Re-locate yard ligbi $777
V O) Re-locate vvator/Sewer° $1 1„977
l I. Site &,,igu $5,000
l t. Stairs $4,11h
14. Furniture mrrvin , V3,026
15. Computers, etc, is2,000
frOTA1, S82,2:+1
KENT Agenda Item: Consent Calendar — 7H
TO: City Council
DATE: June 21, 2011
SUBJECT: Agreement with Puget Sound Energy for S. 228th Street
Improvements — Authorize
MOTION: Authorize the Mayor to sign an Agreement between the City of
Kent and Puget Sound Energy to relocate private utility services in conflict with the
South 228th Street Improvements project in an amount not to exceed $55,450.00,
subject to final terms and conditions acceptable to the City Attorney and Public
Works Director.
SUMMARY: Council accepted a bid for construction of the South 228th Street
Improvements project on May 17, 2011. The project includes construction of a large
(6 ft. diameter) storm pipe to help alleviate flooding on 76th Avenue South.
At the east end of the project, the storm pipe will be installed along the frontage of
Cobble Hill and DWF properties within a 60' utility easement obtained by the City. The
pipe will be constructed in this easement to allow for the future South 228th Street
Union Pacific Railroad grade separation project. The City's franchise agreement with
PSE only requires relocation of their conflicting facilities within public Right-of-Way
(ROW) and does not include private utility services. The City must pay the costs to
move these facilities.
PSE power will be relocating services that conflict with the proposed storm drain and
will bill the City for this work. Potelco, PSE's contractor, estimates the construction
costs for the service relocations at approximately $55,450.
EXHIBITS: None
RECOMMENDED BY: Public Works Committee
BUDGET IMPACTS: This project will be paid for out of the project fund in storm
drainage utility.
KENT Agenda Item: Consent Calendar — 7I
TO: City Council
DATE: June 21, 2011
SUBJECT: Mountain View Vista (f/k/a Mount View) Final Plat — Approve
MOTION: Approve the final plat mylar for Mountain View Vista, formerly
known as Mount View, and authorize the Mayor to sign the mylar.
SUMMARY: On May 11, 2005, the Hearing Examiner recommended approval,
with conditions, to subdivide approximately 4.6 acres into 21 single-family residential
lots. The applicant requested, and the City approved, minor plat amendments which
have been incorporated into the attached conditions of approval. The applicant has
complied with the conditions required prior to recording. The property is located on
Kent's East Hill at 23440 94th Avenue South.
EXHIBITS: Maps and Conditions
RECOMMENDED BY: Economic & Community Development and Public Works Dept.
Staff
BUDGET IMPACTS: None
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MOUNTAIN VIEW VISTA (f/k/a MOUNT VIEW)
SU-2004-4 KIVA-2043205 / PTA 2011-1 KIVA-211170
Based on the preceding Findings of Fact and Conclusions, the request for approval
of a preliminary plat to subdivide 4.6 acres of land into 21 single-family residential
lots is GRANTED, subject to the following conditions:
A. Prior to Recording this Subdivision:
1. The Owner / Subdivider shall pay all Charges in Lieu of Assessments
and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction
Conference and/or prior to recording this plat, whichever comes first.
2. The Owner / Subdivider shall provide Public Works with a digital plat
map prepared with a CAD program. The digital information can be
formatted in either *.DWG (AutoCad) or *.DXF (Drawing Exchange
File), but must be based upon State Plane coordinates: an assumed
coordinate system is not permitted. The State Plane Coordinates shall
be on the NAD 83/91 datum and relate to at least two City of Kent
reference points within one half mile of the subdivision. In addition, the
project shall be tied into at least two City of Kent NAD 88 vertical
benchmarks and two additional permanent benchmarks shall be
established within the project. The elevations of these benchmarks will
be reported at the time as-built drawings are submitted along with field
notes sufficient to verify their accuracy.
3. The Owner / Subdivider shall submit and receive City approval of
engineering drawings from the Department of Public Works, and shall
then either construct or bond for the following:
a. A gravity sanitary sewer system to serve all lots.
The public sanitary sewer system shall be extended from the
existing public sanitary sewer system and shall be sized to serve
all off-site properties within the same service area; in addition,
the sanitary sewer system shall be extended across the entire
subdivision as needed to serve adjacent properties within the
same service area.
The septic system serving the existing home(s) within the
proposed subdivision, if any, shall be abandoned in accordance
with King County Health Department Regulations.
b. A water system meeting domestic and fire flow requirements for
all lots.
Mountain View Vista (f/k/a Mount View) Final Plat (SU-2004-4)
Final Conditions of Approval — Page 2
The public water system shall be extended across the entire
subdivision as needed to serve adjacent and off-site properties
within the same service area and shall be sized to sized to meet
fire flow requirements for same.
Existing wells — if any - shall be abandoned in accordance with
the requirements of the Department of Ecology.
C. A stormwater system. The Engineering Plans must meet the
minimum requirements of the City of Kent Construction
Standards and 2002 City of Kent Surface Water Design Manual
(KSWDM). Initial guidance for the Engineering Plans are given
below (See Chapter 2 of KSWDM for detailed submittal
requirements):
(1) The Engineering Plans will include at a minimum: Site
improvement plans which include all plans, details, notes
and specifications necessary to construct road, drainage,
and other related improvements. The engineering plans
shall include a technical information report (TIR) which
contains all the technical information and analysis to
develop the site improvement plans.
(2) An erosion and sedimentation control (ESC) plan shall be
included in the engineering plans. The ESC shall meet the
requirements of the City of Kent Construction Standards,
and the 2002 City of Kent Surface Water Design Manual.
These plans must reflect the Detailed Grading Plan
discussed below, and the Planning Department approved
Detailed Tree Plan
(3) The retention / detention and release standard that will
be met by the subdivision is Level Two. The water
quality menu that will be met by the subdivision is the
Resource Stream Protection Menu. The Owner /
Subdivider have proposed to combine the required
stormwater detention / water quality facility with the
Morgan's Place subdivision facilities to the east. This
combination is preferred by the City because it will
simplify future maintenance of these facilities. To ensure
the Morgan's Place facility is constructed so that it has
adequate capacity to detain and treat the storm runoff
from the east side of this proposed Mount View
subdivision, construction permits shall not be issued on
the Mount View subdivision until the Morgan's Place
subdivision detention / water quality pond is built as
approved by the City to allow for the facility to
accommodate the additional runoff from the Mount View
Mountain View Vista (f/k/a Mount View) Final Plat (SU-2004-4)
Final Conditions of Approval — Page 3
subdivision AND the Morgan's Place subdivision is
recorded.
(4) The site improvement plans and technical information
report will contain drainage calculations and a drawing of
the retention / detention pond tract at an appropriate
engineering scale to show that the proposed on-site or
off-site retention / detention tract is large enough to
contain the required minimum stormwater storage
volume and water quality facility. The site improvement
plans will also show that all required stormwater
management facilities will be outside of delineated
wetlands and their buffers, as well as outside of creeks
and rivers and their buffers.
(5) A downstream analysis is required for this development,
and it will include an analysis for capacity, erosion
potential, and water quality. Refer to the requirements of
Technical Information Reports in Section 3: "Offsite
Analysis", of the 2002 City of Kent Surface Water Design
Manual for the specific information required for
downstream analyses.
(6) As development occurs within this subdivision, roof
downspouts for each roofed structure (house, garage,
carport, etc.) shall be directed to Roof Downspout
Controls per Chapter 5.1 of the 1998 King County Surface
Water Design Manual.
(7) If determined necessary by the Public Works Department
following review and approval of the required downstream
analysis, the Owner / Subdivider shall provide public
drainage easements meeting the requirements of the City
of Kent Construction Standards for the specified
downstream reach where adequate public drainage
easements do not currently exist.
(8) The Owner / Subdivider shall submit Landscape Plans for
within and surrounding the retention / detention facility to
the Planning Department and to the Department of Public
Works for concurrent review and approval prior to, or in
conjunction with, the approval of the Engineering Plans.
These Landscape Plans shall meet the minimum
requirements of the City of Kent Construction Standards,
and the stormwater management landscaping
requirements contained within the 1998 King County
Surface Water Design Manual. Landscape Plans are
required to show adjacent Street Trees so that the City
Mountain View Vista (f/k/a Mount View) Final Plat (SU-2004-4)
Final Conditions of Approval — Page 4
arborist can assess potential adverse stress upon all types
of vegetation. If off-site detention is provided within the
Morgan's Place Subdivision, then this condition will not be
applicable.
(9) The Owner / Subdivider shall execute Declaration of
Stormwater Facility Maintenance Covenants for the
private portions of the drainage system prepared by the
Property Management Section of the Department of Public
Works. See Reference 8-F, Declaration of Stormwater
Facility Maintenance Covenant, to the 2002 City of Kent
Surface Water Design Manual for information on what is
contained within this document.
d. A Detailed Grading Plan for the entire subdivision meeting the
requirements of the Uniform Building Code, the City of Kent
Construction Standards, and City of Kent Development
Assistance Brochure #1-3, Excavation and Grading Permits &
Grading Plans. Initial guidance for these plans is given below:
(1) These plans will include provisions for utilities, roadways,
retention / detention ponds, stormwater treatment
facilities, and a building footpad for each lot.
(2) These plans shall be designed to eliminate the need for
processing several individual Grading Permits upon
application for Building Permits.
e. Interim Street Improvement Plans for 94th Avenue South where
the subject subdivision has frontage along 94th Avenue South.
These Interim Street Improvement Plans shall meet the
requirements of the City of Kent Construction Standards, and
City of Kent Development Assistance Brochures #6-2, Private
and Public Street Improvements, and #6-8, Street
Improvement Plans, for a street designated as a Residential
Collector Arterial Street by the City of Kent Master Plan of
Roadways. Initial guidance for the necessary interim street
improvements is given below:
(1) Combined vertical concrete curbs & gutters, a 5-foot wide
planter strip, and a 5-foot cement concrete sidewalk
along the east side of the street.
(2) A minimum of 18-feet of asphalt pavement as measured
from the City-approved street centerline to the face of
curb on the east side of the street, plus at least 12-feet of
asphalt pavement as measured from the centerline to the
edge of the traveled lane on the west side of the street.
Mountain View Vista (f/k/a Mount View) Final Plat (SU-2004-4)
Final Conditions of Approval - Page 5
(3) An approved shoulder on the west side of the street.
(4) A City-approved street lighting system.
(5) Public stormwater conveyance, detention and treatment
facilities as applicable.
(6) Street Trees installed within the 5-foot wide planting
strips constructed between the back of curb and the front
of the cement concrete sidewalk. These Street Trees will
be located as approved by the Public Works Department,
and the species shall be selected from the Approved
Street Tree List contained within City of Kent
Development Assistance Brochure #14, City of Kent
Street Trees.
f. Street Improvement Plans for the new public Residential Street
connected to 94th Avenue South and terminating with a
temporary cul-de-sac or approved turnaround at its easterly
terminus. The Street Improvement Plans for this street shall be
designed in conformance to the requirements for a Residential
Street as required by City of Kent Construction Standards, and
City of Kent Development Assistance Brochures #6-2, Private
and Public Street Improvements and City of Kent Development
Assistance Brochure # 6-8, Street Improvement Plans for a
street 28-feet wide. Initial guidance for these street
improvements is given below:
(1) Combined vertical curbs & gutters, a 5-foot wide planting
strip constructed between the back of curb and the front
of the sidewalk, and then 5-foot wide cement concrete
sidewalks on both sides of the street.
(2) A minimum of 28-feet of asphalt pavement, measured
from face of vertical curb to face of vertical curb.
(3) A street lighting system designed to the City's standards,
constructed and maintained by the IntoLight Division of
Puget Sound Energy. This Street Lighting Plan must be
coordinated with the Street lighting Plans required for the
abutting Morgan's Place Subdivision.
(4) A public stormwater drainage system, including provisions
for collection, conveyance, detention, and treatment
facilities.
Mountain View Vista (f/k/a Mount View) Final Plat (SU-2004-4)
Final Conditions of Approval - Page 6
(5) Curb return radii of 25-feet at the intersection of the
subdivision street and 94th Avenue South, and a 45-foot
radius to the edge of pavement for an interim cul-de-sac,
if applicable.
(6) The horizontal and vertical alignment of this residential
street must be coordinated with the abutting Subdivision
of Morgan's Place in order to provide for an acceptable
new street connection between 94th Avenue South and
98th Avenue South.
(7) Street Trees installed within the 5-foot wide planting
strips. These Street These Street Trees will be located as
approved by the Public Works Department, and the
species shall be selected from the Approved Street Tree
List contained within City of Kent Development Assistance
Brochure #14, City of Kent Street Trees.
g. Street Light Plans for the new Residential Street and for 94th
Avenue South (a minimum of two street lights are required for
the new public street intersection at 94th Avenue South) meeting
the requirements of the City of Kent Construction Standards,
and City of Kent Development Assistance Brochure #6-1, Street
Lighting Requirements.
4. The Owner / Subdivider shall deed all public rights-of-way, and
otherwise convey all private and public easements necessary for the
construction and maintenance of the required improvements for this
subdivision development.
5. The Owner / Subdivider shall submit and receive approval for a
Detailed Tree Plan, meeting the requirements of the Kent Zoning Code,
and City of Kent Development Assistance Brochure #3, Detailed Tree
Plans, prior to the issuance of any Construction Permits for the
subdivision. Grading Plans cannot be approved by the Department of
Public Works without an approved Detailed Tree Plan. Detailed Tree
Plans are not to be confused with required Street Tree Plans, which
have an entirely different purpose.
6. Prior to release of any construction bonds, and prior to the approval of
any Building Permits within the subject subdivision, the Department of
Public Works must receive and approve As-Built Drawings meeting the
requirements of the City of Kent Construction Standards, and City of
Kent Development Assistance Brochure #E-1, As-Build Drawings, for:
Streets; Street Lighting System; Water; Sewer; Stormwater Drainage
Facilities; and all off-site improvements where the locations and/or
elevations are deemed critical by the Department of Public Works.
Mountain View Vista (f/k/a Mount View) Final Plat (SU-2004-4)
Final Conditions of Approval — Page 7
7. The Owner/Subdivider shall maintain the pipestem portion of proposed
Lot 1 for direct vehicular access to and from lots 1 through 4. The
Owner/Subdivider shall provide fire fighter access to Lots 1 through 4
from SE 235th Street.
S. The Owner/Subdivider shall install break-away mailbox clusters at
locations and per standards of the Kent Postmaster and Public Works
Department.
9. The Owner/Subdivider shall obtain the appropriate permits and either
remove or relocate the existing structures on the site in order to
comply with Kent City Code.
B. Prior to the issuance of a Building Permit on any lot in this subdivision, the
Owner / Subdivider shall:
1. Record the Plat.
2. Pay the Environmental Mitigation Fee for that lot.
3. Construct all of the improvements required above.
4. Submit and receive City approval for As-Built Drawings meeting the
requirements of City of Kent Development Assistance Brochure #E-1,
As-Build Drawings, for street improvements, stormwater management
system, street lighting system, and other off-site improvements where
determined necessary by the City.
Z KENT
HA r Agenda Item: Bids - 9A
TO: City Council
DATE: June 21, 2011
SUBJECT: Horseshoe Bend Levee, Building Demolition
MOTION: Move to award the Horseshoe Bend Levee - Building Demolition
Project contract to Skycorp Limited in the amount of $62,598.96 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, May 31, 2011
with 11 bids received. The low bid was submitted by Skycorp Limited in the amount
of $62,598.96. Demolition of these buildings is required to construct the new
Horseshoe Bend Secondary Levee. The Engineers estimate was $102,930.00.
EXHIBITS: Public Works Memo dated 5/31/2011
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Funded out of the Department of Ecology Horseshoe Bend Levee
Grant.
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: May 31, 2011
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Horseshoe Bend Levee — Building Demolition
Bid opening for this project was held on May 31, 2011 with 11 bids received. The
low bid was submitted by Skycorp Limited in the amount of $ 62,598.96. The
Engineer's estimate was $102,930.00. The Public Works Director recommends
awarding this contract to Skycorp Limited.
Bid Summary
01. Skycorp Limited $62,598.96
02. Lloyd Enterprises Inc. $75,414.93
03. R.L. Clearing & Excavating $76,327.25
04. Anderson Environmental Contractors $81,489.90
05. Maroni Construction $91,499.83
06. A-Plus Removal & Recycling $91,919.78
07. Global Diving & Salvage $93,221.60
08. Allied Industries, Inc. $105,247.53
09. Sound Earth Strategies $106,432.87
10. Nor Tec Construction $109,171.50
11. Wm. Dickson Co. $116,508.00
Engineer's Estimate $102,930.00
Z KENT
HA r Agenda Item: Bids — 913
TO: City Council
DATE: June 21, 2011
SUBJECT: Upper Johnson Creek Restoration
MOTION: Move to award the Upper Johnson Creek Restoration Project
contract to Jansen Inc. in the amount of $317,314.58 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, June 14, 2011
with six (6) bids received. The low bid was submitted by Jansen Inc. in the amount of
$317,314.58. The project consists of clearing and grubbing of grassland and shrubs;
excavating and disposing of approximately 2,000 tons of material off-site; and
installation of fish and wildlife habitat amenities including brush piles, nurse and
habitat logs, logs with root wads for log jams, and streambed boulders. The
Engineer's estimate was $345,094.73.
EXHIBITS: Public Works Memo dated 6/14/2011
RECOMMENDED BY: Public Works Director
BUDGET IMPACTS: Privately Funded from Silver Oak, LLC and Polygon Northwest
through the Stormwater Utility Fund.
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: June 14, 2011
TO: Mayor Cooke and Kent City Council
FROM: Timothy J. LaPorte, P.E. Public Works Director
RE: Upper Johnson Creek Restoration Phase I
Bid opening for this project was held on June 14, 2011 with six (6) bids received.
The low bid was submitted by Jansen Inc. in the amount of $317,314.58. The
Engineer's estimate was $345,094.73. The Public Works Director recommends
awarding this contract to Jansen Inc.
Bid Summary
01. Jansen, Inc. $317,314.58
02. Anderson Environmental Contracting $358,398.00
03. Terra Dynamics, Inc. $378,367.94
04. MVG, LLC $394,479.23
05. BCI Contracting, Inc. $466,595.93
06. Lloyd Enterprises, Inc. $493,862.89
Engineer's Estimate $345,094.73
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
W'newiredtT
PE ATEONS COMMITTEE MINUTES
May 12, 2011
Committee Members pr era : 3amlue Ifaerry, Les Thomas, (Chair), Debbie Raplee not in
Attendance (Excused Absence)
The meeting was called to order by L Thomas at 4:OD p,rn,
1. APPROVAL OF MINUTES DATED MAY 3, 2011
1 Perry moved to approve the Operations Committee minutes dated
April 5, 2011. L Thomas seconded the ii which paused 3-0 (with D aplee,s
concurrence).
2. APPROVAL OFVOUCHERS DATED APRIIL 30, 201.1 AND MAY IS, 2011
3 perry moved to approve the vouchers dated April 30, 2011 and May 15, 2011
(not originally on agenda). L Thomas seconded the motion, which passed 3-0
(with D Raplee`s concurrence),
3. DISCUSSION ON BONDING (INFORMATIONAL ONLY)
Finance Director R Nachlinger advised the City has the opportunity to undertake a refunding of
a portion of the 2000 and 2002 I..TGO bands and save approximately $1.176 million over the
next ten years. In 2007 vve issued tsle first porbar of an anticipated $0 milikon Technology
Plan. At that paint we issued half of the bands„ $3 million. We think we can cornplete the plan
with another $2.4 million, so are proposing that with the cost of issuance, issuing an additional
2.5 million. The good news is that with the savings generated from the refunding, the
principle and interest will pay back as a net effect of about. $2.25 million in additional casts_
o we would be (borrowing $2.5 million and after the refunding will pay en additional $2,25
cnilliori back, The refunding is in the packet, R Nachlinger provided a handout with aai proposed
$2.5 rlritll on Technology plan aril charts dralf Councilmornher D. Ranriger had requested to see
on total debt service and the effect of the refunding and the new bonds. L Thomas questioned
If looking for optirnrwrr time tc proceed. R fdach linger indicated he is looking to do this bond
Issaie on or abocat the end of Dune, M Carrington was present to answer questions regarding
Lhe ToMh plan. J Perry requested that M Carrington coo through the list and discuss what
would happen if we do not do this, the KIVA replacement: in particular since that is the biig
ticket item. M Carrington advised that this product is no longer sold or supported by the
verdrar and has, been propped up for quite a while now. This is a system that is critical for
toeing able to support the way the permitting office and sorne other" supporting offices do
business. Their primary syste5rn would not be available to thern if there were a rnajor break in
the system. J Perry asked if this would fund the entire replacement of KIVA. M (Warrington
responded that It uvould fund the reniaining expenditures in order to award the Contract for the
new vendor that has been selected and to deploy the product. L Thomas inquired as to hots
old the current KIVA system is. M C.arriingtor replied it has been around 7 years and this
particular version of the product is L years old. L Thorrnas questioned a brand for 20 yearn for a
system that might only Mast another 7-8 years, M Carrington advised that they hope to get at
least 8-12 'years out of the next system. He explained one of the things IT does as a strategic
approach to technology is to try and get out of very specialized systems and move to canes that
are more generic. We e'an add extensions that we can either build ourselves or have produced
by third party vendors, L Thonras questioned It NacMalinger as to what our percent of banding
is at this paint. R Naachlinger explained general rune of thumb its 15% of General Fund
expenditures. We are currently over that now because with the departure of the Fire
Department our expenditures went down substantially. We are, currently at about 39,5 million
Operations Cornirrilittee Minutes
May 17, 2011
Page: 2
in LTGO debt service costs, 150/4 would be $9 ri in a $60 million budget. If the budget
jricroa5e.s and we pay off debt, there will be a Orne in about 3-4 Years where we will be down
belovv 15% if vve do no addliltioral banding, 3: Perry questioned the wireless rrobile routers,
CAD and Valley Corrrnunlcationis, M Carrington adAsed that Valley Communications is moving
to a new reeords management and dispatch system, Tiburon. In support of that, there are a
number of initiatives we have had to take in circler to ieverage the technology they are moving
to. L "I'll asked for an explanation of the, last item on the list, connection to conference
rooms i Council Chambers and 2,"" floor. M Carrington explained that there a number
of things lin COLIniCil Chambers are very old, connectivity UVOLIgh both cabling and wireless
electronics that are UtHzed by conference roorris right row that need to be upgrsded. We are
Icokiug in the future to having all conference rooms throughout the city connected, including
the potential for connecting to fire stations and POIHCe substations by upgrading our wireless
infrastrUCtLire, 'This is both a cabling and equipment line item. L 1 hornas questioned if this is
Phase 1, is there a Phase. 2 & I A Carrington responded that O ey would come back in a later
Tech Plan asking for the ability to take on at lea�,t a Phase, 2.. Phase :1 starts with Council
Chambers and with the 2." floor conference rooms in City Hall. Phase 2 would allow us to
sprec ad to the Centennial Building, substations and fire stations, canniecting those conference
rein rn s.
frhe rneetingi vvas adjourred at 4:18 p.rn. by L Thomas.
f f
10 j
Nancy Clary
Operations C ririttee sec at ry
-'00 �
�••� KENT
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
April 12, 2011
COMMITTEE MEMBERS: Les Thomas, Dennis Higgins, and Ron Harmon, Chair
• The meeting was called to order by Chair Harmon at 5:00 PM.
• Chair Harmon stated that one action item would be added to the agenda.
1. Approval of Minutes
L. Thomas moved to approve the minutes of the February 8, 2011 meeting.
The motion was seconded by D. Higgins and passed 3-0.
2. Public Defense Standards - Resolution - ADOPT
Pat Fitzpatrick, Deputy City Attorney, explained the purpose of the resolution.
D. Higgins moved to recommend that the Public Safety Committee approve the
resolution adopting standards of public defense provided to indigent defendants
in the City of Kent.
The motion was seconded by L. Thomas and passed 3-0.
3. Washington Traffic Safety Commission Target Zero Task Force Proiect grant
application- AUTHORIZE
Chief of Police Ken Thomas explained the funds would be used to assist with funding the
salary and benefits of one Public Education Specialist for two years.
L. Thomas moved to authorize the Kent Police Department to apply for the
Washington Traffic Safety Commission grant in an amount not to exceed $93,840.
The motion was seconded by D. Higgins and passed 3-0.
4. Washington Traffic Safety Commission Amendment #1 to MOU - AUTHORIZE and
Amend Budget
Chief Thomas explained that Amendment #1 will increase the funding by $10,450 on the
original MOU for a total grant amount of $29,053.50.
D. Higgins moved to recommend that Council accept the grant funds in the amount
of $10,450 from the Washington Traffic Safety Commission, authorize the Mayor
to sign Amendment #1, and amend the budget.
The motion was seconded by L. Thomas and passed 3-0.
S. Washington Traffic Safety Commission mini-grant - ACCEPT and Amend Budget
Chief Thomas explained the funds will be used to help close out a previous grant which
was received for the purchase of two speed reader signs at Daniel Elementary.
L. Thomas moved to authorize the Kent Police Department to accept the
Washington Traffic Safety Commission mini-grant in the amount of $860 and
amend the budget.
The motion was seconded by D. Higgins and passed 3-0.
6. Washington Traffic Safety Commission, Target Zero grant application -
AUTHORIZE
Chief Thomas stated the funds will be used for public education and traffic enforcement in
an effort to prevent fatalities and serious injury collisions containing contributing factors of
run-off road, young drivers age 16-25 involved, and speeding.
D. Higgins moved to authorize the Kent Police Department to apply for the
Washington Traffic Safety Commission Target Zero grant in an amount not to
exceed $50,000.
The motion was seconded by L. Thomas and passed 3-0.
7. Smart Policing Initiative FY 2011 BJA grant application - AUTHORIZE
Chief Thomas stated the grant funds will be used to develop data-driven strategies to
address chronic crimes on the East Hill of Kent, focusing primarily on street robberies.
L. Thomas moved to authorize the Kent Police Department to apply for the
Bureau of Justice FY 2011 grant in the amount of $300,000.
The motion was seconded by D. Higgins and passed 3-0.
S. Lowe's Charitable and Educational Foundation grant - AUTHORIZE
Chief Thomas stated the grant funds would fund community improvement projects along
27th Place on the West Hill of Kent.
D. Higgins moved to authorize the Kent Police Department to apply for the
Lowe's Charitable and Educational Foundation grant in the amount of $25,000.
The motion was seconded by L. Thomas and passed 3-0.
9. Washington State Parks and Recreational Boating Safety Federal Assistance
Grant application - AUTHORIZE
Chief Thomas stated the grant will fund marine patrol overtime on Lake Meridian as
well as vessel maintenance and repairs.
L. Thomas moved to authorize the Kent Police Department to apply for the
Washington State Parks and Recreational Boating Safety Grant in an amount
not to exceed $19,029.
The motion was seconded by D. Higgins and passed 3-0.
10. Agreement for Provision of Work Crew Services at the Criminal Justice Training
Center - INFO ONLY
Chief Thomas stated work crews are performing some janitorial and landscaping services
in return for minimal payment of services, approximately $13,000 per year.
11. Lease Agreement with Rainier Pacific Management, LLC for police substation
at Woodmont Shopping Center - AUTHORIZE
Chief Thomas explained this is a renewal agreement for the substation on the West Hill of
Kent. There is no monthly rental, but monthly utilities will be paid by the City of Kent.
D. Higgins moved to recommend authorizing the Mayor to sign the Lease
Agreement with Rainier Pacific management, LLC for a Kent Police Department
Substation.
The motion was seconded by L. Thomas and passed 3-0.
Added item:
12. Shopping Center License Agreement with PK I Panther lake, LLC - AUTHORIZE
Chief Thomas explained this agreement will provide a storefront substation for the Kent
Police Department at the Panther Lake Shopping Center. There is no monthly rental,
but monthly utilities will be paid by the City of Kent.
L. Thomas moved to recommend that Council authorize the Mayor to sign the
Shopping Center License Agreement with PK I Panther Lake, LLC for a Kent
Police Department Substation.
The motion was seconded by D. Higgins and passed 3-0.
The meeting adjourned at 5:35 PM.
Jo Thompson,
Public Safety Committee Secretary
Public Safety Committee Minutes 2
April 12, 2011
PUBLIC WORKS COMMITTEE
Minutes of Monday, May 16, 2011
COMMITTEE MEMBERS PRESENT:
Committee Chair Debbie Raplee and committee members Ron Harmon and Dennis Higgins
were present. The meeting was called to order at 4:03 p.m.
ITEM 1 - Approval of Special Minutes Dated May 2, 2011:
Committee Member Harmon MOVED to approve the minutes of May 2, 2011. The
motion was SECONDED by Higgins and PASSED 3-0.
Item 2- Contract/Hennig Mural Design, Inc. - 640 Zone Water Reservoir Painting:
Design Engineering Manager, Mark Howlett explained that the 640 Zone Water reservoir is
currently under construction at the East Hill Operations Center site located at the southeast
corner of 1241h Avenue SE and SE 2481h Street. The tank is scheduled to be completed later
this summer.
Howlett went on to explain that Statements of Qualifications from painting firms were solicited
and a panel of Public Works and Parks personnel selected Hennig Mural Design, Inc. to design
and paint the mural. Hennig has done 80 tanks throughout the United States; two of which
are located in Kent. The mural will include trees, shrubs and sky to blend in with the
surrounding landscape for a more natural look. The project should be completed in August or
September of this year, and mural painting will take place after the tank painting has cured.
Higgins MOVED to recommend Council authorize the Mayor to sign an Agreement
with Hennig Mural Design, Inc. for Painting the 640 Zone Water Reservoir in an
amount not to exceed $49,433.75, 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.
Item 3- Information Only/Street Vegetation Management:
Scott Schroeder, Vegetation Field Supervisor gave an informative PowerPoint Presentation
describing Street Vegetation Management's daily work.
Information Only/No Motion Required
Item 4 - Information Only/Property Management:
Mike Mactutis, Environmental Engineering Manager gave a brief PowerPoint presentation of
Public Works property uses and potential for surplus sales. He commented that Kelly Peterson
led a thorough investigation of each property or tract owned by the City of Kent Public Works
Department. He stated that Public Works has ownership of approximately 765 properties and
tracts. Most of which are associated with utilities (storm, water and sewer). He went on to
explain that the properties also include levees, critical areas (streams, wetlands and steep
slopes), the Green River Natural Resources Area and some pedestrian access tracts.
Mactutis noted that of those properties, three sites were identified for potential surplus:
1. Lot located west of 1141h Avenue SE just south of SE 2651h Street - Owned by the
Water Department.
2. Lot located at the northeast corner of 1161h Avenue SE and SE 2591h Place. Purchased
as a part of the 1161h Avenue SE improvements. A stormwater detention pond was
constructed on the site. Property is being prepared for surplus.
Page 1 of 3
PUBLIC WORKS COMMITTEE
Minutes of Monday, May 16, 2011
3. 8 Lots located south of S. 2741h way and west of 1081h Ave SE - Ramstead Pointe Short
Plat. This is a remnant from the S. 2771h Street Project. This site could be available for
surplus.
Information is still being gathered for City owned properties and tracts in the Panther Lake
Annexation Area.
Public Comment on Item - 3:
Tom Sharp 24245 2341h Ave S. stated that with 700 parcels the City should have a Department
that is responsible for all properties owned by the City. He wondered how you manage so
many parcels if every department has a different person watching over just their parcels. He
feels that there would be better coordination if property management were centralized.
Information Only/No Motion Required
Item 5 — Information Only/Changes to Transit Service in Kent Effective June 2011 —
Route 913:
Cathy Mooney, Senior Transportation Planner presented an informative PowerPoint
Presentation which outlined Bus Route 913 and upcoming changes that will come into effect
the first week of June, 2011.
When Route 913 was implemented it was expected that there would be an average of 17.4
riders per hour; actual ridership is 3.5 riders per hour. Mooney explained that the long term
solution is to combine the Route 913 with the successful Commuter Route 918.
Information Only/No Motion Required
Item 6 — Information Only/Metro Transit Strategic Plan Development & Future
Services Cuts - Update:
An informative PowerPoint Presentation was given by Cathy Mooney, Senior Transportation
Planner. Mooney explained that through most of 2010, Mayor Cooke was actively engaged in a
committee of 28 people appointed by King County Executive Dow Constantine to come up with
recommendations for regional bus service. She noted that Councilmember Dennis Higgins is
on the Regional Transit Committee.
Mooney explained how cuts are made and that everyone is going to feel the effects. Higgins
stated that he isn't happy with the way King County came up with the formulas that are being
used to cut routes. All buses are not the same and should be noted accordingly when making
decisions. Mooney stated that King County has taken many significant steps to address their
budget shortfall; however, these proposed cuts are still needed.
What does a 600,000 annual service hour cut mean to Kent? Mooney went over the Kent
routes that would be affected. The total is almost 52,000 service hours and amounts to over
22% of our transit service. It was noted that the combined route 913/918 would likely be
eliminated if proposed cuts were put in place today.
There is a significant body of work still to be done before the Strategic Plan is ready to go to
the County Council in late June or early July.
Information Only/No Motion Required
Page 2 of 3
PUBLIC WORKS COMMITTEE
Minutes of Monday, May 16, 2011
Item 7 — Information Only/Transportation Master Plan:/6 Year Transportation
Improvement Plan
Cathy Mooney, Senior Transportation Planner went over the following:
TMP — Mooney explained that due to a number of requests to review the size and scope of the
Transportation Master Plan's (TMP) project list, staff developed a short explanation of the role
the TMP plays in the City's long-term Comprehensive Plan. Mooney went over some
spreadsheets and explained how the TMP works with The Growth Management Act (GMA) to
insure that the transportation network maintains our adopted level of service standard as the
City implements its adopted land use plan.
TIF — Mooney noted that the Transportation Impact Fee (TIF) list is a much smaller version of
the TMP projects. She presented a map outlining the projects. The impact fee project
improvement list is composed of 28 selected capacity projects from the 53 projects in the TMP.
Mooney went on to note that the TIF list includes projects which may begin within the first 10
years of the planning horizon whereas the planning horizon for the TMP is 2030, or buildout of
the City, whichever comes later. These are improvements which are necessary to
accommodate new growth and development.
TIP — The Transportation Improvement Program (TIP) is the City's short range planning tool
and is the project list which responds to current economic conditions or changing financial and
development scenarios. The TIP is adopted annually and can therefore be adapted to changing
priorities. Mooney noted that there are only 18 capital projects on the list that she provided to
the committee compared to the 53 projects on the TMP list.
Information Only/No Motion Required
Item 8 — Information Only/Ouiet Zone Update:
Steve Mullen, Transportation Engineering Manager stated that staff received responses to the
Request for Qualifications (RFQ) from three firms, and determined that two of the firms have
significant expertise in developing railroad quiet zones, and experience at installing specialized
grade crossing equipment to implement those quiet zones.
Staff will be setting up a demonstration of wayside horns within the next month or so and will
continue talking to Burlington Northern Santa Fe about a railroad agreement.
Information Only/No Motion Required
The meeting was adjourned at 6:20 p.m.
Cheryl Viseth,
Public Works Secretary
Page 3 of 3
EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION