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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 05/01/2012 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. May 1 , 2012 Mayor Suzette Cooke Dennis Higgins, Council President Councilmembers Elizabeth Albertson m Bill Boyce Jamie Perry x Dana Ralph u Deborah Ranniger we Les Thomas CIFY CLERK u �' KENT CITY COUNCIL AGENDAS KENT May 1, 2012 W>_HI. �N Council Chambers MAYOR: Suzette Cooke COUNCILMEMBERS: Dennis Higgins, President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas ********************************************************************** COUNCIL SPECIAL WORKSHOP AGENDA 5:00 p.m. Item Description Speaker Time 1. Infrastructure Funding Staff/Committee 80 minutes 2. Intergovernmental Issues Michelle Wilmot 10 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition 1. Richard Beyer Recognition B. Community Events C. Introduction of Appointee D. Social Security Day Proclamation E. Police Department Volunteer Recognition 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. Civil Service Appointment - Confirm D. Quota International Donation - Accept E. Stormwater Pond Maintenance Agreement Amendment - Authorize F. After Hours Remote Watershed Security Contract - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED G. Soil Screener Equipment Purchase — Authorize H. Traffic Signal/Street Lighting Maintenance Facility Lease — Authorize I. Rottler Manufacturing Bill of Sale — Accept S. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 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.KentWa.gov 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. w m O W W Ot O T v U C_ O O T C J w i 3 Ot y 10 C m J 0 J V V m m ._ O C w v i N O a V m o p L N w 0 w V C U !' 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Introduction of Appointee D) Social Security Day Proclamation E) Police Department Volunteer Recognition PROCLAMATION Whereas, Social Security benefits lift 13 million elderly Americans out of poverty, and almost 90% of people age 65 or older receive some of their income from Social Security; and, Whereas, in Washington State between 2000 and 2002, an average of 251,000 senior citizens were lifted out of poverty by receipt of their Social Security benefits; and, Whereas, the Kent Social Security office administers Social Security benefits and Supplemental Security Income payments to more than 75,000 people in Kent and surrounding communities, representing a positive impact on the citizens of Kent and the city's economy; and, Whereas, the Social Security Administration also employs many residents of Kent at Social Security offices throughout the Puget Sound area; NOW, THEREFORE, I, SUZETTE COOKE, MAYOR OF THE CITY OF KENT, WASHINGTON, DO PROCLAIM MAY 7, 2012 AS Social Security Administration Day In the City of Kent recognizing the many contributions made by Social Security employees in our community and the invaluable service they provide our residents. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 1st day of May 2012. S e �, C,tio ce, Mayor ` F �J KENT WASHINGTON 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 workshop and regular Council meeting of April 17, 2012. 7B. Approval of Bills. Approval of payment of the bills received through March 31 and paid on March 31 after auditing by the Operations Committee on April 17, 2012. Approval of checks issued for vouchers: Date Check Numbers Amount 3/31/12 Wire Transfers 5004-5019 $1,768,768.03 3/31/12 Regular Checks 661983-662324 3,383,790.44 3/31/12 Use Tax Payable 3,631.90 $5,156,190.37 Approval of checks issued for payroll for March 16 through March 31 and paid on April 5, 2012: Date Check Numbers Amount 4/5/12 Checks 327039-327229 $ 129,308.62 Voids & Reissues 327038 0.00 4/5/12 Advices 296738-297375 1,252,245.32 $1,381,553.94 y RCN i Kent City Council Meeting April 17, 2012 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, Ranniger, and Thomas. (CFN-198) FLAG SALUTE Boy Scout Troop 453, whose leader is Bob Weber, presented the colors. CHANGES TO THE AGENDA A. From Council, Administration. Staff. (CFN-198) Other Business Item D, the purchase of ammunition, was added by Council member Thomas. CAO Hodgson added an executive session of approximately ten minutes to discuss pending litigation. B. From the Public. (CFN-198) Two members of the audience signed up to speak under Public Comments. PUBLIC COMMUNICATIONS A. Public Recoanition. (CFN-198) The City's new Employee Services Director, Lorraine Patterson, was introduced and welcomed by the Mayor and Council. B. Community Events. (CFN-198) Council President Higgins announced upcoming events taking place at ShoWare. C. Legislative Report. (CFN-198) Michelle Wilmot updated Council members on the status of the budget, streamlined sales tax, annexation sales tax, liquor excess tax revenues, and transportation funding. D. Earth Day Proclamation. (CFN-155) Parks Director Watling explained activities planned at Park Orchard Park on April 21't and invited volunteers to attend. He then accepted a proclamation presented by the Mayor. E. Arbor Day Proclamation. (CFN-155) Parks Director Watling noted that Arbor Day activities will be held at West Fenwick Park on April 28th. He invited anyone who is interested to participate, and accepted a proclamation presented by the Mayor. F. Public Safety Report. (CFN-122) Police Chief Thomas gave his monthly update on crime statistics and reported on recent Police Department activities. PUBLIC COMMENT Garrett Huffman and Sam Pace both spoke about plat extensions. Their comments are included in Other Business Item C, Subdivision Code Amendments. CONSENT CALENDAR Higgins moved to approve Consent Calendar Items A through K. Thomas seconded and the motion carried. 1 Kent City Council Minutes April 17, 2012 A. Approval of Minutes. (CFN-198) The minutes of the workshop and regular Council meeting of April 3, 2012, were approved and correction to the minutes of March 20, 2012, was approved as follows: Homeless/Resource Center. Earlier in the meeting, Albertson had noted that she was unable to attend the April March 14 meeting on this issue, . . . B. Approval of Bills. (CFN-104) Payment of the bills received through March 15 and paid on March 15 after auditing by the Operations Committee on April 3, 2012, was approved. Checks issued for vouchers were approved: Date Check Numbers Amount 3/15/12 Wire Transfers 4981-5003 $2,261,589.59 3/15/12 Regular Checks 661405-661982 2,844,354.51 Void Checks 661943 (13,007.87) 3/15/12 Use Tax Payable 3,086.23 $5,096,022.46 C. Annual Software Maintenance Contracts. (CFN-1155) The Mayor was authorized to execute the Information Technology Department purchase orders and associated contracts for systems with annual maintenance costs over $25,000 per year, subject to terms and conditions acceptable to the Information Technology Director and City Attorney. D. Boeina Levee Restoration Proiect Desian Aareement. (CFN-1318) The Mayor was authorized to sign the design agreement with the US Army Corps of Engineers for the Boeing Levee Restoration Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Sanitary Sewer Rate Study Consultant Services Agreement. (CFN-110) The Mayor was authorized to sign the consultant services contract with FCS Group, Inc., to perform a sanitary sewer utility rate study, for an amount not to exceed $45,085, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. Eastmont Final Plat. (CFN-1272) The final plat mylar for Eastmont was approved and the Mayor was authorized to sign the mylar. G. Economic Development Plan Phase II Contract. (CFN-825) The Mayor was authorized to sign the consultant services agreement with Community Attributes International for the Economic Development Strategic Plan Phase II, in an amount not to exceed $49,000, subject to final terms and conditions acceptable to the City Attorney and the Economic & Community Development Director. H. Mountain View Plat Bill of Sale. (CFN-484) The Bill of Sale for the Mountain View Plat project, permit 2051182, for 2 gate valves, 2 hydrants, and 773 linear feet of waterline, 4 sanitary sewer manholes, and 709 linear feet of sanitary sewer line, 2 Kent City Council Minutes April 17, 2012 1486 linear feet of new street, 18 linear feet of frontage improvements, 11 catch basins, and 461 linear feet of storm sewer line was accepted. I. Traffic Code Ordinance. (CFN-171) Ordinance No. 4033, amending Chapter 9.36 of the Kent City Code, entitled "Traffic Code," by making it a misdemeanor for a driver to leave the scene of a collision with a pedestrian or vehicle being propelled by human power prior to exchanging information or summoning aid was adopted. J. H & M Bay Bill of Sale. (CFN-484) The Bill of Sale for the H & H Bay Project, permit 2102287, for 61 linear feet of storm sewer line was accepted. K. Recreation and Conservation Office Grant Application Resolution. (CFN-118) Resolution No. 1856 authorizing a grant application to the Recreation and Conservation Office to fund the acquisition of the Huse Property was adopted. OTHER BUSINESS A. Initiative and Referendum Powers Ordinance. (CFN-155) City Attorney Brubaker noted that a proposed initiative petition regarding marijuana was recently received and that when reviewing the City's existing code provisions, it was discovered that the state law regarding initiative and referendum powers has changed since the City's adoption of those powers in 1989. He explained the three basic differences between the existing provisions and those proposed as follows: the petitioner would no longer be required to submit language to the City for review; the petitioner would no longer have to submit signatures to the City within 90 days; and there would no longer be specific time frames for holding an election. He stated that the proposed ordinance would simplify and amend the City Code to be consistent with state law. Thomas moved to adopt Ordinance No. 4034 amending Chapter 1.03 of the Kent City Code, entitled "Initiative and Referendum", to be consistent with state law. Perry seconded and the motion carried. B. ShoWare Center Economic Impact Study Contract. (CFN-1305) Economic and Community Development Director Ben Wolters explained that the purpose of the proposed Economic Impact Study is to determine the return on investment ShoWare Center is bringing to the City, and noted that Community Attributes International is currently completing phase one of the citywide economic development plan update process. He said that ShoWare has experienced operating losses, due in large part to the economic downturn, but that there have been over 400,000 visitors since it opened. Wolters explained the breakdown of the study and said it will point out any gaps and missed opportunities. Boyce said ShoWare is a great asset but expressed concern about the operating losses. Albertson spoke in support of the study, noting that it was always expected that there would be losses in the early years. Ralph agreed that ShoWare is a benefit, but was uncomfortable spending money on a study to justify what is already known. Wolters noted for Higgins that some of the benefits of the study are being 3 Kent City Council Minutes April 17, 2012 able to articulate clearly the economic impact of the facility, and to find out if there are other experiences which should be available. Thomas moved to authorize the ShoWare Center Economic Impact Study consultant services agreement with Community Attributes International, to provide an assess- ment of ShoWare Center's past and future economic benefit to the City of Kent in an amount not to exceed $36,400, subject to final terms and conditions acceptable to the City Attorney and the Economic & Community Development Director. Perry seconded. Thomas acknowledged that there has been a desirable economic impact, but said it has not been possible to quantify the amount of that impact. He also said the study will provide an incentive to businesses to locate in Kent. Perry pointed out that ShoWare was never intended to be a money maker, but rather to be a community asset. Higgins agreed. Ralph said she does not feel the study will provide a full picture and said the money could be spent elsewhere. Boyce said the survey is a good thing, but that the focus should be on the business model at ShoWare so that it will break even. Ranniger said she feels the study will provide valuable information, including ways to make ShoWare one of the cities' best investments. Albertson agreed. The motion then carried 5-2 with Albertson, Higgins, Perry, Ranniger and Thomas in favor, and Boyce and Ralph opposed. C. Subdivision Code Amendment Ordinance. (CFN-458) City Planner Katie Graves explained that the amendments in the proposed ordinance would include clarifying code, streamlining the permit process, and providing consistency with state laws and regulations. They distinguish between major and minor alterations, revise pre-application review requirements, and utilize SR-8 single family residential development standards for some clustered subdivisions and short subdivisions. She noted that on March 20, 2012, the City Council remanded the proposed ordinance back to the Economic and Community Development Committee for further review of the plat expiration provisions. On April 9, 2012, the Committee, on a 2-1 vote, recommended further amending Section 12.04.221 to allow plats to remain valid for one year beyond what is allowed by state law for preliminary plat expiration. Garrett Huffman with Master Builders, 335 116th Avenue SE, Bellevue, expressed support of the one year extension, and noted that he has one member with over 300 lots to be developed whose ability to market those lots would be greatly improved. Sam Pace, 29839 154th Avenue SE, on behalf of the Association of Realtors, spoke in support of RCW+1, saying it would prevent doubling costs to the property owner, accelerate the time frame for the city to receive the benefits of additional private investment, and reduce the likelihood that the property owner would go elsewhere if the property owner had to start over. Pace also thanked the Council for their efforts on behalf of property owners who live near water. Upon Albertson's question, Graves explained the extension time specified in state law before and after the recent change, and Albertson expressed concern about having people vested for ten years under old design guidelines. Graves confirmed for Ralph 4 Kent City Council Minutes April 17, 2012 that the one year extension is automatic. Perry then moved to adopt Ordinance No. 4035 amending Chapter 12.04 of the Kent City Code entitled "Subdivisions, Binding Site Plans, and Lot Line Adjustments", related to the administration of subdivisions, binding site plans, and lot line adjustments. Higgins seconded. Higgins spoke in favor of the ordinance, noting that some of the uncertainty will be eliminated. Boyce and Ralph both said the ordinance is clean, clear and fair. Ranniger echoed Albertson's concerns about old codes. Perry explained that she was originally opposed to this but, as a compromise, will vote in support although she has significant reservations about the time lines. The motion then carried with Boyce, Higgins, Perry, Ralph, and Thomas in favor, and Albertson and Ranniger opposed. ADDED ITEM D. Purchase of Ammunition. (CFN-122) Police Chief Thomas noted that this item was added to tonight's agenda because of its time sensitive nature. He said he has been advised by the ammunition supplier that demand is high and supply is low, and that they anticipate not only a significant increase in price, but a delay in delivery time of 12-18 months. He asked for authorization to purchase armament for the second half of 2012 and the first half of 2013 now. Thomas moved to authorize the Mayor to approve the armament purchase from Dooley Enterprises, Inc., in the amount of $76,637.96, including sales tax. Perry seconded and the motion carried. REPORTS A. Council President. (CFN-198) Higgins noted that the Council's strategic goals were finalized at tonight's workshop and will be announced soon. B. Mayor. (CFN-198) No report was given. C. Administration. (CFN-198) The City Attorney gave an update on the status of the National Wildlife Federation vs. Federal Emergency Management Association lawsuit. CAO Hodgson reiterated that there will be an executive session of approxi- mately five minutes to discuss a matter of pending litigation and said no action is expected when the meeting reconvenes. D. Economic & Community Development Committee. (CFN-198) Perry reported on the Suburban Cities Association Public Information Committee's position on flood control funding for coastal projects. E. Operations Committee. (CFN-198) No report was given. F. Parks and Human Services Committee. (CFN-198) Ranniger noted that the next meeting will be at 5:00 p.m. on April 19, and that one agenda item is a report on the work of the Human Services Commission relating to grants. G. Public Safety Committee. (CFN-198) No report was given. H. Public Works Committee. (CFN-198) Albertson noted that the next meeting is at 4:00 p.m. on May 7th, and that a full report on infrastructure funding will be available in May. 5 Kent City Council Minutes April 17, 2012 I. Regional Fire Authority. (CFN-198) Thomas reported that there will not be a meeting on April 18. EXECUTIVE SESSION The meeting recessed to Executive Session at 8:50 and reconvened at 8:57 p.m. ADJOURNMENT The meeting adjourned at 8:57 p.m. (CFN-198) Brenda Jacober, CMC City Clerk 6 '••� SENT ...... Kent City Council Special Workshop April 17, 2012 5:00 p.m. Council Members Present: Boyce, Higgins, Perry, Ralph, and Thomas. Council Member Albertson arrived at 5:10 p.m.; Ranniger arrived at 6:00 p.m. The special meeting was called to order at 5:03 p.m. by Council President Higgins. Higgins announced that a 90-minute workshop will be required on May lst to receive input from the two citizen committees working on infrastructure funding. Intergovernmental Issues. Council members reported on regional meetings they have recently attended. Strategic Plan Update. CAO Hodgson explained the background of the project and the work which needs to be done to complete it, including coordination with the biennial budget timeline. It was determined that a retreat will be required. Council members and staff reviewed each of the five strategic goals and the initiatives in each, and changes and updates were noted. Michelle Wilmot provided copies of a draft plan for marketing the Strategic Plan and asked Council members to provide her with any input they may have. A brief discussion about holding Town Hall meetings in the fall was held. The meeting adjourned at 6:38 p.m. Brenda Jacober, CMC City Clerk w," Agenda Item: Consent Calendar - 7C TO: City Council DATE: May 1, 2012 SUBJECT: Civil Service Appointment - Confirm MOTION: Confirm the Mayor's appointment of Jim Berrios to the Kent Civil Service Commission. SUMMARY: Mr. Berrios is appointed to fill the vacancy left by Lorraine Patterson when she accepted the Employee Services Director position here at the city of Kent. His term will expire April 30, 2018. EXHIBITS: Memorandum RECOMMENDED BY: Mayor Cooke BUDGET IMPACTS: None OFFICE OF THE MAYOR Suzette Cooke, Mayor Phone: 253-856-5700 Fax 253-856-6700 • Address: 220 Fourth Avenue S. K E N T Kent, WA 98032-5895 WA H I N �N TO: Dennis Higgins, Council President City Council Members FROM: Suzette Cooke, Mayor DATE: May 1 , 2012 RE: Appointment to the Civil Service Commission I am requesting your approval of my appointment of Jim Berrios to the Civil Service Commission. Jim will fill the vacancy left when Lorraine Patterson resigned to become the City of Kent's Employee Services Director. Jim Berrios has a long history of involvement in the Kent community. Jim and his wife, Suzanne, own and operate The Golden Steer Steak and Rib House, a favorite among Kent residents. As owners of the restaurant, both Jim and Suzanne reach out to the less fortunate in providing meals to those in need. Jim has many awards and accolades under his belt. He received the Business of the Year Award in 2003, both he and Suzanne were recognized as Volunteers of the Year in 2003, as well as Kiwanian of the Year in 2003, to name but a few. Jim served 5 Y2 years on the Kent School District Board of Directors, served on the Washington State Jail Industries Board and both he and Suzanne served on the board for DAWN. He currently is serving on the Building Better Futures Board, the Green River Community College Foundation Board and the Kent Chamber of Commerce Board where he was recently selected President Elect. It gives me great pleasure to appoint Jim for a six-year term that will expire April 30, 2018. Jim's investment in the Kent community is wide spread and greatly appreciated. KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: May 1, 2012 SUBJECT: Quota International Donation — Accept MOTION: Accept a donation from Quota International of Kent Valley in the amount of $1,000, amend the budget, and approve expenditures of funds in accordance with the terms of the donation, acceptable to the Parks Director and City Attorney. SUMMARY: Staff within the Adaptive Recreation Division created a cheerleading program for participants to showcase their athleticism and creativity, and to support our Special Olympics sports teams during competitions. The Quota Club's $1,000 donation will enable to group to purchase uniforms, pom- poms, and related supplies and travel expenses. EXHIBITS: Quota International of Kent Valley March 21, 2012 letter RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Adaptive Recreation Budget � I Quota International of Dent Valley 12521 S.E. 2101h Court, Kent, Washington 98031 Tel: 253:630-6803 March 21, 2012 Lara Hosford Kent Parks Adaptive Recreation 222 Kent, WA 98032 Dear Lara, Quota International of Kent Valley is pleased to present to the Kent Parks Adaptive Recreation Cheerleaders a $1,000 check to pay for uniforms and additional travel expenses. As a donor recipient, we would enjoy having someone from your organization attend our Installation and Donor's Award Banquet. The Banquet is Wednesday, April 25, 2012 at 5:30 p.m, at the Days Inn located at 22420 84th Avenue South, Kent. Quota International of Kent Valley is a local club of hard working, women volunteers. The club hosts an annual dinner auction to raise money to give back to the many deserving organizations and individuals in our community, such as yours. Some of our other donation recipients include: • Children's Therapy Center/Dynamic Partners for the new Highline Facility. • Washington Women's Education Employment (WWEE) toward a scholarship that provides training for women to re-enter the job market. • Highline School District Deaf Program to provide School Supplies. • World Service Projects for Quota Projects in the Philippines and India. • Quota Cares Month/Western Day at Reber Ranch where children and families with special needs enjoy a free afternoon of food, games, crafts, pony rides and a souvenir photo. As you can see, Quota International of Kent Valley members believe in Fun, Friendship, Fund Raising, and helping our community. On behalf of Quota International of Kent Valley, thank you for all you do. Sincerely, / ( 5A11� ' Pam Clark, President Quota International is a worldwide non-profit organization founded in 1919 as the first international women's service organization. We support disadvantaged women and children and the deaf and hard of heating. Ourtax tD is#94-3260967. www.kentvalleyquota.web.officelive.com/default.aspx. KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: May 1, 2012 SUBJECT: Stormwater Pond Maintenance Agreement Amendment - Authorize MOTION: Authorize the Mayor to sign an amendment to the City's Interlocal Agreement with King County to allow the County to perform maintenance on the City's Stormwater Ponds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: To keep the city in compliance with the NPDES Permit and to reduce overall costs, the City is proposing to partner with King County to complete the maintenance of 41 stormwater ponds citywide. King County crews have experience with this type of maintenance work and can do the work efficiently and cost effectively. The City has an existing interlocal agreement with King County that allows the County to perform work at the City's request, based on County availability. The agreement allows the City to take advantage of King County's maintenance and operations resources. EXHIBITS: Public Works memo dated 4/4/12 and Interlocal Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Funds for this project have been budgeted through the City's Storm Drainage Utility PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 4, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Alex M. Murillo, P.E., Environmental Engineering Supervisor Through: Mike Mactutis, P.E., Environmental Engineering Manager Subject: Amendment to the City's Interlocal Agreement with King County to Perform Maintenance on the City's Stormwater Ponds Item - 1 Motion: Move to recommend Council authorize the Mayor to sign an Amendment to the City's Interlocal Agreement with King County to perform maintenance on the City's Stormwater Ponds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: As a condition of the city' s National Pollutant Discharge Elimination System (NPDES) Phase II Permit (NPDES Permit) and keeping in compliance with the federal Clean Water Act, maintenance of our stormwater facilities is required, which includes stormwater pond cleaning. To keep the City in compliance with our NPDES Permit and to reduce our overall costs, the City is proposing to contract with King County to complete the maintenance of 41 stormwater ponds citywide. King County crews have experience with this type of maintenance work and can do the work efficiently and cost effectively. The City has an existing Interlocal agreement with King County that allows the County to perform work at the City's request, based on County availability. The agreement was executed in 1997 to take advantage of King County's maintenance and operations resources. By entering into an Amended Interlocal Agreement with King County, we are able to meet our NPDES Permit requirement, complete the work, and have a functional stormwater system, all while reducing the city's overall cost for the project. The cost to use King County crews for this work is not to exceed $620,000. Budget Impact: Funds for this project have been budgeted through the City's Storm Drainage Utility. Similar work was completed in 2011. Additional Services Interlocal Agreement Between King County and City of Kent For The Provision of Surface Water Services Scope of Work 2012 Citywide Stormwater Pond Maintenance King County will provide services to the City of Kent under this Scope of Work pursuant to the Interlocal Agreement Between King County and the City of Kent for the Provision of Surface Water Services, executed March 26, 1997. PROJECT DESCRIPTION The project consists of removing approximately 2,600 tons of soil sediments and 1,500 cubic yards of vegetation growth from 41 identified City owned stormwater ponds. This work will help restore the overall stormwater runoff holding capacity of the ponds that have diminished over the years with sediment and vegetation build-up. This work will also include miscellaneous items and other related work associated with the maintenance of the stormwater ponds. The purpose of this project is to perform work identified as a maintenance component within the City's National Pollutant Discharge Elimination System Phase II Permit. The NPDES Phase II Permit requirements state that after a deficiency is found within city owned stormwater ponds that the City has 24 months from the date of inspection to make the necessary repairs. TASKS City of Kent has developed a project package for the project titled 2012 Citywide Stormwater Pond Maintenance dated April 2012, which provides a detailed description of all required tasks and is attached as Exhibit A. The following is a summary of key tasks: A. Temporary Erosion and Sediment Control 1. The following tools and materials will be available on site and deployed as needed during construction: • Straw bales for slope mulching • Silt fencing for perimeter siltation control • Hand brooms, street sweepers, and wash trucks for control of sediments on paved traffic surfaces • A spill response kit All paved traffic areas will be kept free from sediment accumulations by daily sweeping or washing. B. Traffic Control 1. Maintain all traffic with traffic control flaggers throughout construction activities. Additional Work: Interlocal Agreement 1 King County and City of Kent Surface Water Services C. Miscellaneous Maintenance 1. Perform mowing and selected removal of trees and tree stumps that exceed 18 inch diameter. Place riprap around conveyance lines that inlet into the pond as stated within the specifications provided. Place crushed rock surfacing as directed by City staff. 2. Remove and restore fencing as shown on site drawings, the specifications and or by the City representative. 3. Clean out inlet, outlet pipes and repair pipes with damaged ends as shown on the site drawings or as directed by the City representative. D. Removal and Disposal of Material 1. Remove and properly dispose of solids and sediments within the 41 listed stormwater ponds. The estimated quantity of soil sediments removed is 2,600 tons and 1,500 cubic yards of vegetation growth. 2. Hydroseed the exposed soil areas that have been impacted by the maintenance activity as stated within the specification package and shown within construction plans or as directed by the City representative. SCHEDULE Work is anticipated to start as early as May 14, 2012 for stormwater ponds that are dry. All work activities shall be completed no later than September 30, 2012 unless otherwise allowed in writing by the City representative . Hours of construction between 7:00 am and 10 pm. ESTIMATED COST The project work is currently estimated to not exceed $620,000, which includes some contingency to account for unexpected costs or additional pond work that may be added during the maintenance activity. As provided in Exhibit B, the county has provided an estimate of$514,563.51 to perform the work. The County will provide the City all invoices and costs incurred for construction costs. If any change order is needed, the County will immediately inform the City in writing of the proposed changes and the change order work shall not proceed until the City has approved. The amount of any change orders shall not cause the total costs for the project work to exceed the above estimate. Authorized by City of Kent: Name: Suzette Cooke Title: Mayor Date: Additional Work: Interlocal Agreement 2 King County and City of Kent Surface Water Services Form A Page 1 of 1 Discretionary Work Request for King County Road Services FORM A City of: kent Request Number: KT-027 Date: 04/06/2012 Problem Description: The 2012 Citywide Stormwater Pond Maintenance Project consists of removing approximately 2600 tons of soil sediment and 1500 cubic yards of vegetation growth from 41 identified City owned stormwater ponds. Also mincellaneous items related to maintenance of the stormwater ponds will be included. Nature of Request: this work will help restore the overall storm pond holding capacity and improve the function of the ponds. This work will include mowing, removal of trees and tree stumps that exceed 18 inch diameter, placing energy disapation material as needed, removing sedimentation, removing and restoring fencing and repair and clean out of inlet and outlet pipes as shown on the 41 identified City stormwater ponds. Location: 41 City owned stormwater ponds have been identified. Reference the attached specifications and plans for location Attachments: Scope of Work Map City Priority: High Special scheduling requirements: City is requesting that work will start as early as May 14, 2012 on the stormwater ponds that are dry or after Notice to Proceed is issued. All work activity shall be completed by September 30, 2012 unless otherwise allowed in writing by City representative. City Project Manager-Telephone Number: Alex Murillo - 253-856-5528 Authorized By: Beth '1'an Date: 04/06/2012 http://your.kingcounty.gov/kcdot/roads/discretionary/dataentry.aspx?rn=KT-027 4/6/2012 2012 Kent Pond Maintenance Estimated Cost Estimated Brush Estimated Sediment Pond Asset ID Submitted Iremoval cv's I removal tons Z01 $10,973,06 0 36 Y01 $7,665.92 0 48 FF06 $7,848.94 0 48 DD01 $27,907.00 250 120 X04-B $8,047.34 10 60 JJ09-A $10,466.00 20 48 JJ09-B $7,357.80 10 24 JJ09-C $10,447.06 10 36 JJ09-D $11,455.86 0 120 FF07 $15,044.94 0 120 EE18 $7,859.12 0 36 PP05 $7,889.12 0 36 FF11 $20,465.96 80 48 Y05 $13,740.32 50 24 FF08 $7,758.72 0 36 W13 $11,283.12 0 72 1102 $10,936.32 0 48 FF02-A $7,647.92 0 36 BB05 $14,036.72 50 48 EE06 $10,650.72 0 72 PP01 $7,039.44 20 24 EE31 $8,122.52 0 48 Y02 $7,915.92 10 48 TT04 $4,687.06 0 36 FF09 $16,952.52 80 36 EE08 $8,112.92 0 96 FF13 $7,639.92 10 24 VO4 $3,269.92 10 12 W07 $16,703.32 90 24 W04 $11,338.12 10 72 TT05 $11,426.52 0 84 ZZ07 $49,951.84 250 240 ZZ22 $7,860.92 0 48 ZZ05 $14,691.92 0 132 0005 $7,797.92 0 36 ZZ15 $10,261.80 30 84 ZZ12 $4,705.06 10 12 EE09-B $17,024.82 120 96 EE09-E $16,969.75 160 96 FF03-B $34,614.90 120 168 ZZ21 $17,994.44 120 24 Totals: $514,563.51 1520 2556 A..... ... ......,..........,.....—.. .....w..................... ......,....,.,,....,.......,.,,......u.:....w�, g F tlI r' f h 9� i Zs a i ,� � � ,wrur�tror�/�irrm��roiyvt7siNaurrinru ralr(�/v/rrP�WPAUAtlprll>lr�T si✓+ �mnr r�oim;wwrrm✓rar�nri»rp,�s�rWrawismr�urrs + r r it J Mr ( sd�(J1 rl J I r i 'WII� ,fir y 1�11H� `� ij rrr M �r'1' _..... " ry rv,/r fro r ✓M. �� ° i�w ✓ `�,.b� � i ri vs � . �slvN k.*yx y� i�. �e � v��„� „�,.' M ., ✓ .� _I`V � r�" " �9f � 6 �� Y .,u•;v,s �,,. .r, p Y ? ...�.,.., y i o, I j,c�f t� t V {, 1 d�, 'afiW'�Mm�H' driimmwmu8y 4 '' u f _. I" 11 ji V Y 'j '....ytmilli �� '�w n �z z '`. j .. ' It jr ti �OzzIj G�'r S ry r V•rr 'sl 1PY .., f Of I e o �� ru✓ F � ti � dv 1'M ��i , i��s �"� � �� � �„'rr�orn�rrJ,�niv�sarmvr�il?�riiv�9v���+���onvrimm�ry�u�rrrrri'�{IRrwiro�r,�i�M ��rm��iivV�E�srumsl/rirvrrnr�rs��u��nrmnrrei rnilYrr„�,re(yurrrmiiroiPr�ria ' � it City of Kent -2012 Pond Maintenance Project - Construction Stormwater BMPs Protect Sensitive Areas All vegetation cleared as a part of the project will occur within the immediate area of the pond. Work is not allowed outside the delineated areas shown on the pond maps. If there are any concerns about sensitive area boundaries, contact the city inspector immediately. Minimize/Mitigate Trackout Construction access or activities occurring on unpaved areas shall be minimized, yet where necessary, access points shall be stabilized to minimize the tracking of sediment onto roads. Street sweeping shall be conducted daily, as necessary. Control Dewatering Dewatering water from ponds cannot be discharged into surface waters, sensitive areas, or the stormwater system. If dewatering is necessary, the following are viable options for disposing of the water: • Tnfiltration into non-sensitive areas within the pond property. This should be accomplished by pumping through a flow spreader. Visual monitoring will be required to ensure that no erosion, sedimentation, or other downstream impacts occur. • Discharge to the sanitary sewer system with approval from the city inspector and King County Industrial Waste. • Pump into tanker truck and haul to an approved disposal facility with proper receipts for disposal. • Water can be pumped to other pond cells or left in the pond only if the pond will not discharge within 24 hours of in-water work or pumping. Stabilize Soils Exposed soils shall be stabilized immediately after completion of work on ponds or as directed by the city inspector. BMPs for soil stabilization that shall be used on this project include: • Straw mulch and hand seeding as per the Kent Surface Water Design Manual: Prior to Sept 15 or as directed by the city inspector. • Hydroseeding with tackifier as per the Kent Surface Water Design Manual: After Sept 15 or as directed by the city inspector. • Erosion control blankets as necessary on steep slopes. Protect Drain Inlets All catch basins that have the potential to be impacted by pond maintenance activity will be protected by storm drain Inlet Protection, Any entrances to the ponds that have a potential to experience track-out will be swept and the sediments will be removed from the roadway appropriately to further prevent any sediment or debris from entering into the conveyance system. Control Pollutants Re-fueling of vehicles or equipment shall not occur within the pond or anywhere that spilled material can enter the pond, stormwater system, sensitive areas, or surface waters. Spill response materials shall be kept on-hand when equipment is being operated on pond sites. Maintain BMPs All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. GENERAL NOTES 1. PRIOR TO ANY CONSTRUCTION ACTIVITY THE CONTRACTOR SHALL ATTEND A PRE- CONSTRUCTION CONFERENCE WITH CITY OF KENT INSPECTION PERSONNEL. 2. THE CONTRACTOR SHALL PROVIDE A DEWATERING PLAN TO THE CITY FOR APPROVAL ONE WEEK PRIOR TO COMMENCING SEDIMENT AND VEGETATION REMOVAL ACTIVITY AT THE PROJECT SITE. 3. CONTRACTOR SHALL PROVIDE NOTIFICATION OF WORK AND STREET/ALLEY CLOSURE TO ALL RESIDENCES A MINIMUM OF TWO (2) DAYS PRIOR TO MOBILIZING EQUIPMENT. THIS IS TO BE ACCOMPLISHED WITH DOOR HANGER BROCHURES PROVIDED BY THE CONTRACTOR. 4. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR THE MEANS, METHODS AND SEQUENCES OF CONSTRUCTION, AND FOR THE SAFETY OF THE WORKERS. 5. UNLESS OTHERWISE NOTED, THE WORD "REMOVE" OR "REMOVAL" IN THE CONSTRUCTION NOTES, SPECIFICATIONS OR PLANS MEANS REMOVAL, HAUL AND PROPER OFF-SITE DISPOSAL BY THE CONTRACTOR AT AN APPROVED SITE AT THE CONTRACTORS EXPENSE. 6. POND ELEVATION, SHAPE AND SCALE MAY BE DIFFERENT THAN SHOWN ON SITE DRAWINGS. PRIOR TO WORK, CONTRACTOR SHALL VERIFY EXISTING SHAPE OF POND HOLDING AREA AND LOCATIONS OF IN/OUTLET PIPES BEFORE SEDIMENT/VEGETATION REMOVAL. ANY CONFLICTS SHALL BE RESOLVED WITH THE ENGINEER. 7. CLEARING WILL CONSIST OF MOWING AND BRUSH CLEARING FROM THE STORMWATER POND HOLDING AREA SIDE SLOPES TO THE STORMWATER POND AREA LIMIT. THE SITE DRAWINGS ILLUSTRATE APPROXIMATE LOCATIONS OF HOLDING AREA AND BOUNDARIES. THE HEIGHT OF MOWING WILL BE BETWEEN 4 TO 6 INCHES, OR AS DESIGNATED BY THE ENGINEER. TREES DESIGNATED TO REMAIN ARE ILLUSTRATED ON THE SITE DRAWINGS. REMOVE ALL BLACKBERRY BUSHES FROM POND SITES. S. UNDERGROUND FACILITIES OR UTILITIES MAY NOT BE SHOWN ON THESE DRAWINGS. IDENTIFICATION, LOCATION, MARKING AND RESPONSIBILITY FOR UNDERGROUND FACILITIES OR UTILITIES IS GOVERNED BY THE PROVISIONS OF CHAPTER 19.122, REVISED CODE OF WASHINGTON. IT IS THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO INDEPENDENTLY VERIFY ALL UTILITY LOCATIONS AND TO FURTHER DISCOVER AND AVOID ANY OTHER UTILITIES NOT SHOWN HEREON WHICH MAY BE AFFECTED BY THE IMPLEMENTATION OF THIS PLAN. THE CONTRACTOR SHALL CONTACT THE UNDERGROUND UTILITIES LOCATION SERVICE (8-1-1) AT LEAST 2 WORKING DAYS PRIOR TO CONSTRUCTION. THE OWNER OR HIS REPRESENTATIVE AND THE ENGINEER SHALL BE CONTACTED IMMEDIATELY IF A CONFLICT EXISTS. 0 9. THE APPROVED TRAFFIC CONTROL PLANS, THE APPROVED TEMPORARY EROSION/SEDIMENTATION CONTROL PLANS, THE STANDARD SPECIFICATIONS AND KENT SPECIAL PROVISIONS SHALL BE ON THE JOB SITE WHENEVER CONSTRUCTION IS IN PROGRESS. 10. CONTRACTOR SHALL RESTORE ALL LANDSCAPED AREAS ON-SITE AND ADJACENT TO THE SITE THAT WERE DISTURBED BY CONSTRUCTION TO ORIGINAL CONDITION. 11. THE CONTRACTOR SHALL KEEP STREETS CLEAN AT ALL TIMES BY STREET SWEEPING WHEN NECESSARY, OR A WHEN DIRECTED BY THE CONSTRUCTION ENGINEER. I 12. THE CONTRACTOR SHALL COMPLY WITH ALL PUBLIC CONVENIENCE AND SAFETY MEASURES AS DESCRIBED IN SECTION 1-07.23 TO SECTION 1-07.23(2) OF THE KENT SPECIAL PROVISIONS FOR CONSTRUCTION UNDER TRAFFIC AND DETOURS. 13. ALL EXISTING UTILITIES SHALL REMAIN IN SERVICE UNLESS OTHERWISE NOTED. 14. CAUTION - EXTREME HAZARD - OVERHEAD AND UNDERGROUND ELECTRICAL SERVICE LINES ARE GENERALLY NOT SHOWN ON THE DRAWINGS. THE CONTRACTOR IS RESPONSIBLE FOR DETERMINING THE EXTENT OF ANY HAZARD CREATED BY OVERHEAD OR UNDERGROUND ELECTRICAL POWER IN ALL AREAS AND SHALL FOLLOW PROCEDURES DURING CONSTRUCTION AS REQUIRED BY LAW AND REGULATION. PRIOR TO In CONSTRUCTION THE CONTRACTOR SHALL MEET WITH UTILITY OWNERS AND DETERMINE THE EXTENT OF HAZARD AND REMEDIAL MEASURES AND SHALL TAKE WHATEVER PRECAUTIONS THAT MAY BE REQUIRED. 8 15. POND SITES CONTAIN A VARIETY OF WOODY VEGETATION INCLUDING BLACKBERRIES, HEDGES, WILLOWS, AND TREES OF VARIOUS SIZES. ALL SUCH VEGETATION IS TO BE REMOVED IN ITS ENTIRETY, INCLUDING STUMPS E AND ROOTS, EXCEPT THAT VEGETATION SHOWN ON EACH PLAN. THE CONTRACTOR SHALL REVIEW EACH SITE PRIOR TO BIDDING TO DETERMINE THE EXTENT OF WOOD/VEGETATION REMOVAL AS PART OF THE CLEARING AND MOWING BID ITEM. a REMOVAL OF 2012 CITYWIDE GENERAL SEDIMENT, DEBRIS KENT STORMWATER POND " CITY OF KENT NOTES AND INVASIVE SPECIES MAINTENANCE ENGINEERING DEPARTMENT♦ IN AND AROUND POND W. OOWE 3T KEN T, WA. 98031 WSDOT SPECIFICATION EXCERPTS WSDOT 8-01.3(2)1 MOWING EACH MOWING WILL BE CONSIDERED ONE COVERAGE OF ALL AREAS TO BE MOWED WITHIN A DEFINED AREA. THE HEIGHT OF MOWING WILL BE 4 TO 6 INCHES OR AS DESIGNATED IN THE SITE DRAWINGS/PLANS OR IN THE SPECIAL PROVISIONS. WSDOT 8-01.3(3) PLACING EROSION BLANKETS THE SLOPE RATING OF THE BLANKET, AS SPECIFIED BY THE MANUFACTURER, SHALL BE APPROPRIATE FOR THE INTENDED SLOPE AND INSTALLED ACCORDING TO THE STANDARD PLANS. TEMPORARY EROSION CONTROL BLANKETS AS DEFINED IN WSDOT 9-14.5, HAVING AN OPEN AREA OF 60—PERCENT OR GREATER, MAY BE INSTALLED PRIOR TO SEEDING. BLANKETS WITH LESS THAN 60—PERCENT OPEN SPACE SHALL BE INSTALLED IMMEDIATELY FOLLOWING THE SEEDING AND FERTILIZING OPERATION. WSDOT 8-01.3(8) STREET CLEANING STREET SWEEPING SHALL BE USED WHENEVER REQUIRED BY THE ENGINEER WHEN SEDIMENT/DEBRIS CONDITIONS EXIST. WSDOT 8-01.3(9) SILT FENCE SILT FENCE SHALL BE INSTALLED ACCORDING TO THE SITE DRAWINGS AND/OR AS REQUIRED BY THE ENGINEER. INSTALLATION SHOULD BE ACCORDING TO MANUFACTURER'S RECOMMENDATIONS AND FOLLOW WSDOT 8-01.3(9) SILT FENCE, GUIDELINES. CONSTRUCTION NOTES 1. REMOVE SEDIMENT AND VEGETATION AT BOTTOM OF PONDS TO A DEPTH OF 6", UNLESS DIRECTED OTHERWISE z BY ENGINEER. 2. PRESERVE VEGETATION AT TOP OF SLOPES. R 3. REMOVE ALL TREES, INCLUDING WILLOWS, UNLESS SHOWN ON PLANS. TREES SHOWN ON PLANS ARE TO REMAIN. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REVIEWING EACH SITE TO DETERMINE THE EXTENT OF TREE AND BRUSH REMOVAL. F 4. DISTRIBUTE RIPRAP EVENLY THROUGH REQUIRED AREAS. REMOVE ALL TREES, o WILLOWS, AND g STUMPS FROM POND PRESERVE BOTTOM UNLESS VEGETATION AT NOTED OTHERWISE y TOP OF SLOPES ' �T APPROXIMATE 3,1 SLOPE 6" SEDIMENT AND GRATE VEGETATION REMOVAL PLACE SILT SACK OR ALONG POND BOTTOM 1" REBAR FOR APPROVED EQUAL BAG REMOVAL UNDER INLET GRATE TYPICAL POND SECTION EXISTING In INLET E INLET PROTECTION a GENERAL REMOVAL OF 2012 CITYWIDE NOTES, SEDIMENT, DEBRIS KENT STORMWATER POND I! CCTV OF ;ENT LEGEND, AND AND INVASIVE SPECIES MAINTENANCE ENGINEERING DEPARTMENT POND SECTION WE T IN AND AROUND POND ♦00 W. A.GO S KENT, W 98031 W M0139 33S - 3NIIH31VN Q Q Z J ° W d H Q Q V Z ° 3 ` DO Z U Q arc i• 7 3 •o 0 •:• O W OW H Q ww •�iDoe o Zi ° o J ° Q n o oo� K H O W a w S W h cn ° S U > > N Q �w 0 Q 20 CD0 $ OU N o a > <4 - W i o t 0 u im Y� o oy ° Zsp 0 - _ ° FI ° n F.. o d3dVL NI039 J 3 H10L1 13Atld1 ° w NIN ,LL NItl1NltlN O � 00ve Q 0 0 O 1 N 0 O H K arc a ° r 'z o< o U Uw �2< m 6 O W d Q W N 2 UI ° �r rW y�6 O 3 O O KO Oy 3N UU1 2 O ° 60 w0 OW K 6 m 6 V ° KQ OY 6_U 2 2 w p OF 6 U 2 O 3z " u� i > o d3dVL N1939 IW NF 1/IV O ° dp w NO rc¢ 'Sd p V w V mz VI YU W ° 3 62 6U' Or 0! Nw �< Kw ¢WV< @ W� F< OQ F Ow W.mI W- 3p�p O OD OU 3K W2N60 < WI O Uw KO m K J 04 _U 3F5 2 OOK35 NW 1Jiw00 3 �Y wo ° 20,Ow VI p! >¢IQU 2 .O 02 O FUwV ¢¢ < N Ow zw zao> o wx -ZwW a� o, 3� Fr < Qu <�2<O N <V ZwO m Or <yNw jW NU' m0 ¢O �_ 2 O Olt O U' O ww,V\NO '�' 0~m K02U VI O: w OlV6 N 3 moon F .NWO w UN a _ 26UI- 2 VO<Oy F 4F2 3 O < 2U' �-2 UO SO wmw: 6w�x p5 0. H NO3¢ 03w >a e�0 > zw VV11 wK< 6<l2Owyw�Orw 2 NUY3 ao F_ U J<6 ww OU< >I N2 Nw WWW .w w62, >000»<�i¢w00W FK 0�2pOKKKw�S�O: U60w 6S0.0.06U QO�OUQ 33 _ _ v .of 6 3�09tl S - 3NMTOI1 N m as zwV./.m°wuxw a>,raay.o�n..wm..am avvwwz zm smcrognwaours�Ta KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: May 1, 2012 SUBJECT: After Hours Remote Watershed Security Contract — Authorize MOTION: Authorize the Mayor to approve a goods and services agreement between the city of Kent and Washington Patrol Division to provide after hours security patrols for Kent and Clark Springs watersheds, in an amount not to exceed $2,550 per month, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Public Works-Operations, Water, oversees the operation and security of the Kent and Clark Springs watersheds. The watersheds provide a significant portion of Kent's daily water supply. Security is a very important matter at all water facilities, and due to the remote nature of these two primary water sources, the City has contracted with local security firms in the past to provide after hours and weekend security patrols. Washington Patrol Division provided the lowest of quotes from local security firms. They provided security services in 2011 and have provided a high level of service. EXHIBITS: Public Works memo dated 3/22/12 RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: This is an annual cost that is included in water department operating costs. Funding for the $30,600.00 contract would come from the 2012- 2013 Water utility operating budget. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: March 22, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Kevin R. Swinford, Water Field Supervisor Through: Chad Bieren, P.E., City Engineer Subject: Contract/Washington Patrol Division — After Hours Remote Watershed Security Item - 2 Motion: Move to recommend Council authorize the Mayor to approve a Goods and Services Agreement between the City of Kent and Washington Patrol Division to provide after hour security patrols for Kent and Clark Springs watersheds in an amount not to exceed $2,550 per month, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Kent Water oversees the operation and security of two watersheds located in the Black Diamond/Maple Valley area, Kent and Clark Springs. These two sites provide a significant portion of Kent's daily water supply. Security is a very important matter at all water facilities and due to the remote nature of these two primary water sources the City has contracted with local security firms in the past to provide after hour and weekend security patrols. Washington Patrol Division provided the lowest of quotes from local security firms. They provided security services in 2011 and have provided a high level of service. Budget Impact: There is no unbudgeted fiscal impact as this is an annual cost which is included in water department operating costs. Funding the $30,600.00 contract would come from the 2012-2013 Water utility operating budget. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: May 1, 2012 SUBJECT: Soil Screener Equipment Purchase — Authorize MOTION: Authorize the Mayor to sign a purchase order for the purchase of a soil screener, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2010, the city of Kent received a grant from the Washington State Department of Ecology, called the FY 2011 Municipal Stormwater Capacity Grant. The sum of the grant funds was $367,065, to be spent by June, 2012. Subsequent to receipt of this grant, Council accepted a recent addition and extension, increasing the total funds accepted to $417,065 and requiring that it be spent by June, 2013. The grant is to be used exclusively for the purpose of addressing stormwater needs that protect water quality relevant to the City's Phase II Municipal Stormwater National Discharge Elimination System (NPDES) permit. Under the guidelines of the grant, a soil screener is an approved purchase. The purchase of a soil screener would allow Public Works Operations crews to: 1. Filter out trash and debris from catch basin solids collected during cleaning and maintenance 2. Aerate the solids to speed the composting process 3. Eliminate the cost of renting a screener 4. Provide low-cost compost for roadside plantings These elements will increase efficiency and allow staff to maintain their schedule of catch basin maintenance and repairs while simultaneously saving money on rental costs and staff time. EXHIBITS: Public Works memo dated 4/5/12 and Sales Order RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The screener will be purchased with grant money. No match required. PUBLIC WORKS DEPARTMENT 140 Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 11_1KEN T Fax: 253-856-6500 WASHINGTON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 5, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Greg Reed, Utility Superintendent Shawn Gilbertson, Environmental Scientist (NPDES) Through: Tim LaPorte P.E., Public Works Director Subject: Soil Screener Equipment Purchase Item - 3 Motion: Move to recommend Council authorize the Mayor to sign a purchase order for the purchase of a soil screener subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: In 2010 the city of Kent received a grant from the Washington State Department of Ecology called the FY 2011 Municipal Stormwater Capacity Grant. The sum of the grant funds was $367,065 to be spent by June 2012. Subsequent to this grant, Council accepted a recent addition and extension, increasing the total funds accepted to $417,065 and requiring them to be spent by June 2013. The grant is to be used exclusively for the purpose of addressing stormwater needs that protect water quality relevant to the City's Phase II Municipal Stormwater National Discharge Elimination System (NPDES) permit. Under the guidelines of the grant, a soil screener is an approved purchase. The purchase of a soil screener would allow Public Works Operations crews to: 1. Filter out trash and debris from catch basin solids collected during cleaning and maintenance. 2. Aerate the solids to speed the composting process 3. Eliminate the cost of renting a screener 4. Provide low-cost compost for roadside plantings These elements will increase efficiency, and allow staff to maintain their schedule of catch basin maintenance and repairs while simultaneously saving money on rental costs and staff time. Budget Impact: The screener will be purchased with grant money. No match required. I i I - PORTLAND BRANCH SEATTLE BRANCH d a $' 13S05NF SANDY BLVD,(g7230) 8207 S.216TH KENT,WA 98032-1935 ,� w �✓ �f-,{/ 7 P O HOX 20577(97254)PORTLAND.OR PH(206)762-5933 1-000-9355933 ,.? n� PH 1 600.929-593'b fAX(G09)252-1769 FAX(206)7633117 V SPOKANE BRANCH EUGENE BRANCH 3101 L.TRENT AVE SPOKANE,WA 99202 1550 IRVING RD. EUGENE,OR 97,102 Sales Order PH(509)534-5933 i-E00 D38-5D33 PH (541)302-$762 FAX(509)534-528r FAX (191)302-3763 SINCE 1911-THr SOURCE FOR CONTRACTORS IN THE WEST To: I CITY OF KENT Date: 3/1 4/1 2 PUBLIC WORKS OPERATIONS Proposal Na Address: 5821 SO 240TN ST� ! KENT WA98032 FA.B. Point: ClydeANest Kent Yard Attention: RON GREEN Acceptance period: 30 Days In accordance with the terms and condition=_staled herein and Phe following page hereof, - I Clydel4Vesf,Inc. Offers to Sell,furnish and deliver FOri shipping point,the equipment descrihed. QUANTITY DESCRIPTION Ann©uNr ONE Used ViOrotech SCM75 Screen Stock No 6233 Hours:863 Top Deck 4" Bottom Deck 3/4"x5"slot $61,595.00 Additional screens for lower deck: I'I 518"square opening $480.00 3/4"square opening $546.00 I"square opening $596.00 New paint and decals $3,500,00 I!i Machine was serviced as part of last rental return-no charge Total $66,717.00 Tax@9.5% $6,338A2 I TERMS : _ Total including Tax- $73,055.12 IMPOf�TANT: ADDITION At_TFRMS ARE LOCATED ON 2nd PAGE OF THIS DOCUMENT, INCLUDING WARRANTY AND DISCLAIMER PROVISIONS,ALL OF WHICH SHALL BE CONSIDERED PART OF THIS QUOTATION, Estimated delivery date after ieceipt of order u SllbtnlEte[I.by: GARY BRAAFLAZ' complete infomlatioa has been provided. Accepted by: Clyde/West, Inc. Accented (Company): By: _ By - Title: -title: Date: Date: Warranty Attached r� - PORTLANU BRANCH SEATTLE BRANCH sC �'"!4 13805 N.E.SANDY BLVD.(97270) V07 S.216TH KENT WA 98032-1935 u" aceY P.n.NOX 2OF77(97294)VOHTLAND,OR PH MG)7625913 1-800-935-%13 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: May 1, 2012 SUBJECT: Traffic Signal/Street Lighting Maintenance Facility Lease - Authorize MOTION: Authorize the Mayor to sign a lease agreement with Plemmons Industries for a period of three years, to lease warehouse space to be used as the traffic signal and streetlight maintenance facility, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The lease agreement provides a three-year lease for an interim facility to support the traffic signal and streetlight maintenance activity of the Public Works Department. The traffic signal and streetlight shop has been located in the Plemmons Industrial Park, at 1621 South Central Avenue, since May 22, 2006. Due to the deferred construction of the East Hill Operations Center, there is a need to extend that lease agreement. There is no room in other city-owned buildings for the equipment. EXHIBITS: Public Works memo dated 4/2/12 and Lease Agreement RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The cost of the rental is included in the operating budget for Public Works Transportation Engineering. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte P.E., Public Works Director Phone: 253-856-5500 KEN T Fax: 253-856-6500 WASH IN GTO N Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: April 2, 2012 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: April 16, 2012 From: Steve Mullen, P.E., Transportation Engineering Manager Through: Chad Bieren, P.E., City Engineer Subject: Lease Agreement with Plemmons Industries — Traffic Signal /Streetlighting Maintenance Facility Item - 4 Motion: Move to recommend Council authorize the Mayor to sign a Lease Agreement with Plemmons Industries for a period of 3 years to lease warehouse space to be used as the Traffic Signal and Streetlight Maintenance Facility per attached lease agreement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: The lease agreement provides a three-year lease for an interim facility to support the Traffic Signal and Streetlight Maintenance activity of the Public Works Department. The Traffic Signal and Streetlight shop has been located in the Plemmons Industrial Park, at 1621 South Central Avenue, since May 22, 2006. Due to the deferred construction of the East Hill Operations Center, there is a need to extend that lease agreement. Budget Impact: The cost of the rental is included in the operating budget for Public Works Transportation Engineering. i ®.� ®® eyrypo®�. i PLEMMONS O 11 I M e TELEPHONE (253) 854-2600 - FACSIMILE (253)852-7360 !IN®ugYgl�g P.O. EOX 1068•1311 CENTRAL AVENUE SOUTH,SUITE 201 - KENT;WASHINGTON 9 803 5-1 06 0 III LEASE WAREHOUSE THIS LEASE, dated the 28th day of Maz'ch, 2012, by and between PLEMMONS ]NDUSTRLES, INC., as "Landlord", and CITY OF KENT as "Tenant", is upon the following terms and conditions: 1. Premises: Landlord leases to Tenant and Tenant leases from Landlord the premises situated in Kent, Washington, (the "Premises")legally described as follows: Unit(s) 24 &25,Plemmons Industrial Park, 1621 Central Avenue South,Kent, Washington, being a portion of Lot 19,Horseshoe Acre Tracts to Kent, as per plat recorded in Volume 15 of Plats on Page 10, Records of King County,Except the Bast 10 feet thereof conveyed to King County for Road; and Except the West 15 feet thereof, Situate inthe City of Kent, County of King, State of Washington. 2. Term of Lease: The term of this Lease shall be for 3 (Three) Years, Zero(0) Months, and Zero(0) Days, and shall commence on the la day of June, 2012, (the"Commencement Date") and end on the 31st day of May, 2015 (the"Expiration Date"), 3. Minimum Rent; CAM Charges; Common Areas: a) Tenant covenants and agrees to pay to Landlord as base rental for the Premises, without:deduction,offset,prior notice or demand, in advance, a minimum monthly rental of$** (See Addendum Wn. All rents specified herein to be paid to Landlord are payable in advance on or before the first day of each month during the term of this Lease. Rent shall be payable to the Landlord at P.O. Box 1068, Kent, WA 98035, or to such other party or such other place as the Landlord may hereafter designate in writing. If Landlord consents, Tenant may occupy the Promises prior to such commencement date upon payment of rent on a prorated basis and compliance with all terms of this Lease. The pro-rata rent for the month of N/A shall be paid upon execution of this Lease. b) Tenant shall pay to Landlord, as additional rents, an arnount estimated by Landlord to be Tenant's share of Common Area Maintenance Charges("CAM Charge(s)")(as defined in this section). This amount is payable on or before the first day of each month during the term of this Lease. The monthly CAM Charge at the start of the lease tern shall be ** See Addendum B**). The Landlord can adjust the monthly CAM Charge at any time during the tern of this Lease on the basis of Landlord's then reasonable anticipated costs for the current accounting period. An accounting period is one (1) full calendar year, except that the first accounting period shall commence on the date the term commences and the last accounting period shall end on the date the terrn expires or terminates. The term"Common Area Maintenance Charges" means and includes all sums expended by Landlord for the supervision, management, operation,maintenance and repair of the common areas and an allowance to Landlord for Landlord's supervision of maintenance and operation of the common areas, including without limitation, the costs of each and all of the following items: sweeping; resurfacing and re-striping of parking lots; repainting; building and improvements repair; landscaping; ice and snow removal; supplying directional signs and other markers; car stops; lighting; insurance premiums,water and all utilities not paid directly by'1 enant; and other costs necessary in Landlord's judgment for the supervision,management,operation,maintenance and repair of the common areas. c)Landlord reserves the right from time to tine to alter said common areas and to exercise control and management of the cannon areas and to establish, modify, change and enforce such rules and regulations as Landlord in its discretion may deem necessary and desirable. Tenant agrees to abide by and conform to such rules and regulations and shall be responsible for compliance by its employees, agents, customers and invitees. The failure of Landlord to enforce any of such rules and regulations against Tenant shall not be deemed as a waiver of same. Landlord shall have the right to close all or any portion of common areas at such times and for such periods as may, in the opinion of the Landlord,be necessary to prevent a dedication thereof, or to preserve the status thereof as private property, or to prevent the accrual of any rights in any person; and Landlord may also close said cornion areas for purposed of maintenance and repairs as may be required from time to time. 4. Security Deposit: Upon execution of this Lease, Tenant currently has on deposit S1500 00 (One Thousand Five Hutrcliofl" Dollars and 00/100), with Landlord (hereinafter referred to as "the Security Deposit"), to secure the faithful performance by Tenant of each term, covenant and condition of the Tp,51q. ,If Tenant at any time,fails to make any payment or fail to k4ep or e v perform any term, covenant and condition on its part to be made or performed or kept under this Lease, Landlord may, but shall not be obligated to and without waiving or releasing Tenant from any obligation under ibis Lease,use, apply or retain the whole or any put of the Security Deposit(a)to the extent of any sum due to Landlord; (b)to make any required payment on Tenant's behalf; or(c) to compensate Landlord for any loss, damage, attorneys' fees, or expense sustained by Landlord due to Tenant's default. In such event,Tenant shall,within five (5)days of written demand by Landlord,remit to Landlord sufficient funds to restore the Security Deposit to its original sum, and Tenant's failure to do so shall be considered a material breach of the Lease. Tenant shall not be entitled to interest on such deposit. 'the rights of the Landlord against the Tenant for a breach of this Lease shall in no way be limited or restricted by the Security Deposit,but Landlord shall have the absolute right to pursue any available remedy to protect its interests herein, as if this deposit had not been made. Should Tenant comply with all the terms, covenants and conditions required by this Lease, the Security Deposit, less any sums owing to Landlord, shall be returned to Tenant within a reasonable time after termination of the Lease, vacation of the Premises by Tenant. Should the Premises be sold,Landlord may transfer or deliver the Security Deposit to purchaser of the interest and Landlord shall then be discharged from any further liability with respect to the Security Deposit. 5. Interest and Late Charges: (a) All amounts payable by Tenant to Landlord, including without limitation, rent, CAM Charges, other charges due to Landlord and any amounts paid by Landlord on behalf of Tenant and reimbursable to Landlord, not paid within three (3) days of when due, as required herein, shall bear interest at the rate of twelve percent(12%)per year from the date of any delinquency in payment thereof to the date paid. In addition, if Tenant fails to pay rent, CAM Charges, other charges due to Landlord or any such amounts within three(3)days of the date due,then Tenant shall pay a late charge of Ten and No/100 Dollars($10.00)per day per each unit included in the Lease for each day after the third(3rd)day after the date due that rent, CAM Charges, other charges due to Landlord or any such amounts remain unpaid. The late charges are due when late rent is paid. (b) Tenant agrees to pay Fitly and No/100 Dollars ($50.00) to Landlord on any NSF check tendered to Landlord by Tenant. The above late charge applies to rent for which payment has been attempted on a NSF check until said NSF check is replaced with a cashier's or certified check. No personal checks will be accepted after the 2"NSF check. 6. Taxes; Assessments: Tenant agrees to pay any increase in real estate taxes due and payable on the Premises for each full calendar year during the term of this Lease over the real estate taxes due and payable on the Premises for the year in which the Commencement Date occurs. On or before March 31 st of each year, or as soon thereafter as reasonably practicable, Landlord shall certify to Tenant, (a) the amount of the total increase, if any, in real estate taxes due and payable for that year for the project of which the Premises are a part (the "Project"), and (b) Tenant's "proportionate share" of the total increase, which shall be equal to that portion of the total increase which bears the same relation to the total increase as the total floor area of the Promises bears to the total floor area of all rentable space hi the Project.Tenant shall pay the proportionate share so certified on or before April 30 of such year, or within thirty (30) days of the date Landlord gives Tenant its certification.For the calendar year in which this Lease terminates, the provisions of this section shall apply, but Tenant's liability for its "proportionate share" of any tax increase for said year shall be appropriately prorated. Should there presently be in effect or should there be enacted during the term of this Lease, any law, statute or ordinance, levying any tax(other than Federal, State or local income tax)upon rents, Tenant shall pay such tax or shall reimburse Landlord on demand for any such taxes paid by Landlord. 7. Use of Premises: 'the Premises are to be used for the purpose of conducting therein the business of General warehousing for the City of Kent Traffic Signal maintenance shop, and for no other business or purpose without the written consent of Landlord, which consent may be withheld in Landlord's sole discretion. If any change in the use of the Premises or alteration thereof by Tenant results in an increase in Landlord's insurance premiums, Tenant, promptly upon request, shall reimburse Landlord for the increased cost of such insurance. S. Conduct of Business: (a)Tenant shall not leave the Premises unoccupied or vacant,but shall continuously during the entire term of this Lease carry on its business. Said business shall be kept open continuously each day during the hours customary for business of like character to be open. (b) Tenant shall not do anything which may hijure the Building, commit waste on the Premises or be a nuisance or menace to other Tenants in the project. 'Tenant shall not allow any objectionable liquid, odor or noise to be emitted from the Premises. Tenant shall not store gasoline or other highly combustible materials on the Promises, which would violate any applicable fire code or regulation nor conduct any operation that will increase Landlord's fire insurance rate for the Premises. Tenant shall not overload the floors of the Premises or the electrical lines and circuits in the Premises. If Tenant desires to use electrical equipment that require more capacity than the capacity of the existing electrical lines and circuits in the Proniisels,' then before using such equipment Tenant shall, at its expense, increase the capacity of such lines and circuits. All such Work 2 Page 2 of 13 and changes shall comply with all applicable building and electrical codes and shall be subject to Landlord's prior consent. Tenant shall not burn any hash of any kind in or about the Premises. (c)Tenant shall permit no damage to,or the defacement of the Premises. The plumbing facilities shall not be used for any other purpose than that for which they were constructed, and no foreign substance of any kind shall be thrown therein. The expense of any breakage,stoppage or damage resulting from a violation of this provision shall be bonne by Tenant. 9. Outside Storage: Tenant hereby agrees that no item(s) shall be stored outside of the unit.Tenant shall not keep or display any merchandise or other personal property in areas outside the Premises or otherwise obstruct such areas. This includes all refuse receptacles and other collection containers, whether personal or business related other than on the date of collection. Tenants using a dumpster understand that dunpsters or cans must be kept inside the Premises. Tenant hereby agrees that all dumpsters and cans will comply with the Uniform Fire Code, Section 11.20.1(d). The outside storage of any item is strictly prohibited and will be enforced. Any Tenant storing an item outside of their unit will be served a 10-day notice to comply and/or have their tenancy terminated. 10. Inside Storage: Tenant shall not store any item(s) above the office, restroorn, or hallways. All storage must be on approved storage racking or on the warehouse floor surface. 11. Signs and Advertising: Tenant may erect signage stating its name, business or product after first securing Landlord's approval of the size, color, design and verbiage and all necessary governmental approvals. All signage installed by Tenant shall be removed upon termination of this Lease with the sign location restored to its former state. (SEE EXHIBIT "A", SIGN CRITERIA.) 12. Alterations and Improvements: Tenant shall make no alterations, additions or improvements to the Premises without Landlord's prior written approval and without a valid building permit issued by the appropriate governmental agency. Detailed plans and specifications for such alterations and improvements shall first be submitted and approved by the Landlord in writing. Landlord shall not unreasonably withhold its approval. Tenant shall not install any exterior lighting fixtures, shades or awnings or do any exterior decoration or painting, or snake any structural alterations without the previous written consent of Landlord. Any and all such alterations, additions and improvements will be made in a good and workmanlike manner at the sole expense of Tenant. All alterations, additions, or other improvements that may be made on or to the Premises by either of the parties hereto, except trade fixtures put in at the expense of Tenant, shall be the property of Landlord and shall remain on and be surrendered with the Premises as a part thereof at the termination of this Lease without hindrance, molestation, or injury by Tenant, except that Landlord, at its option, may require Tenant, at Tenant's expense, to remove any part or all of the alterations, additions or improvements made by Tenant. Any injury caused by Tenant's moving its trade fixtures in and out of the Premises or by the removal of the alterations, additions or improvements made by Tenant shall be repaired by Landlord at Tenant's expense. Nothing contained herein, however, shall prohibit Tenant from making necessary, normal, and emergency repairs to said improvements without Landlord's consent. 13. Property Damage or Personal Injury: Landlord shall not be liable for any personal property damage or personal injury occurring on or to the Premises or to any persons in or on tine Premises including but not limited to: (1)any loss of property by theft or burglary, (2)any damage to person or property on or about the Premises from the operation of any elevator or the use of any utility on the Premises, (3) any damage or injury caused by action of the natural elements, (4) any damage or hljury resulting from the conduct of the employees of Tenant, whether negligent or otherwise, or (5) any damage or injury that may result fiom any bursting,stoppage,or leakage of any water, steam, or gas pipe,sewer,basin,toilet,hot water tank, or drain. 14. Exterior Maintenance: Landlord shall repair and maintain the roof, gutters, downspouts, exterior walls, foundation, curbs and exterior paved areas in good condition. Landlord shall be under no liability for repair of or maintenance to any store front installed by Tenant. Except for such obligations of Landlord, Tenant shall keep the Premises neatly maintained and in good order and repair. if the Premises has a separate enhance,Tenant shall keep the entrance frco and clear of snow,ice, debris and obstructions of every kind. 15. Interior Maintenance: Tenant shall, at its own expense maintain the interior of the Premises at all times in good condition and repair, all in accordance with the laws of the State of Washington and in accordance with all directions and regulations of. any proper officer of the governmental agencies having jurisdiction, and Tenant shall comply with all requirements of law 1 touching the Premises other than with respect to structural repairs.Tenant's responsibility shall include maintenance and repair Page 3 of 13 �' of the electrical system,plumbing, drainpipes to sewers, air-conditioning and heating systems, overhead and personnel doors, carpet, blinds, windows and glass. It is the responsibility of the Tenant to maintain pest and or rodent control for the said interior Premises. At the expiration of the term hereof,Tenant shall surrender the Premises in good condition,reasonable wear and tear and damage by fire or other casualty excepted. The tern"good condition" means the good physical condition and cleanliness of the Premises and each portion of the Premises, including the items listed above, all alterations, additions, or other improvements made by Tenant, and all trade fixtures installed by Tenant. 16. Heating/Air Conditioning: Landlord, at its option,may initiate a maintenance program for Tenant's heating, ventilating, and air conditioning system, if any, servicing the Premises. Tenant shall pay to Landlord, or at Landlord's election, directly to the maintenance firm,the cost of such maintenance,which shall be in addition to the CAM Charges, 17.Inspection and Repair: Tenant agrees and covenants that the Landlord or his agents at all reasonable titres and during all reasonable hours shall have free access to the Premises, and through any building or structure that may at any time be thereon, or any put thereof, for the purpose of examining or inspecting the conditions of the same or of exercising any right or power reserved to the Landlord under the terms and provisions of this Lease. I If Landlord deems any repairs required to be made by Tenant necessary, it may demand that Tenant make the same forthwith, and if Tenant refuses or neglects to commence such repairs and complete the same with reasonable dispatch, Landlord may make or cause such repairs to be made. Tenant agrees to forthwith, on demand, pay the Landlord the cost of labor and materials thereof with interest at 12% percent per year. Tenant also hereby waives any claim for damages, including loss of business, resulting from any such repairs or alterations; provided that in the exercise of its rights under this section, Landlord shall provide adequate access to the Premises and shall not unreasonably interfere with the conduct of Tenant's business. 18. Parking Area: Landlord hereby grants to Tenant and to its employees, agents, customers and invitees the von-exclusive right for and during the term of this Lease, to use the parking area; such use to be iu common with all other occupants of the project,whether as Tenants or as owners, and their employees, agents, customers and invitees. Tenant shall control the use of such parking spaces so that there will be no unreasonable interference with the normal traffic flow, and shall not permit any parking an landscaped or unpaved surface. Landlord reserves the unrestricted right to make changes in the parking areas which shall at all times be subject to the exclusive control and management of the Landlord. Landlord shall have the right from time to time to establish reasonable rules and regulations with respect to the parking areas. Under no circumstances shall tucks serving the Premises be permitted to block traffic flow. 19. Liens; Exculpation; Tenant's Indemnity: Tenant shall not allow any liens to attach to the Premises as a result of its activities. Landlord shall not be liable for any loss or injury,to persons or damage to property in the Premises from any cause or causes whatsoever, which at any time may be suffered or sustained by Tenant, or by any person whosoever at any time may be using, occupying or visiting the Premises. Tenant shall defend, indemnity and hold Landlord harmless from and against any and all liability, claims, damages, costs and expenses of any kind whatsoever,arising out of or relating to any injury to persons or property, or death of persons however occurring on or about the Premises, except to the extent caused by Landlord's negligence of Landlord. j 20. Tenant's Insurance: Tenant, at its cost, shall procure and maintain in full force and effect during the term of this Lease a policy of commercial general liability insurance (including contractual liability and products and completed operations liability) with liability limits of not less than $1,000,000, single limit, insuring against all liability of Tenant, its employees, agents and contractors arising out of or in connection with Tenant's use and occupancy of the Premises and property damage insurance with liability limits of not less than $1,000,000„ All such commercial general liability and property damage insurance shall insure performance by Tenant of the indemnity provisions of Section 19 above. Landlord and Landlord's Agent shall be additional named insureds on such insurance policy. All insurance policies required to be carried by Tenant under this Lease shall: (i) be issued by insurance companies authorized to do business in the State of Washington with a rating of A/VII or better as rated in the most recent edition of Best's Insurance Reports;(ii)be issued as a primary policy,and(iii)contain an endorsement requiring thirty (30) days' prior written notice from the insurance company to both Landlord and Tenant, and, if requested by Landlord, to Landlord's lender,before cancellation or change in the coverage, scope, or amount of any policy. Each policy or a certificate of the policy, together with evidence of payment of premiums, shall be deposited with Landlord on or before the Commencement Date,and on renewal of the policy not less than ten(10)days before expiration of the term of the policy. P e4 (g13 l i i 21.Personal Property Insurance:All personal property is the sole responsibility and risk of Tenant. Tenant understands that Landlord will not insure Tenant's personal property. To the extent Tenant does not obtain insurance coverage for the full value of Tenant's personal property stored in or on the Premises, Tenant agrees that Tenant will personally assume all risk of loss, including without limitation, damage or loss by burglary, fire,vandalism or vermin. 22.Release and Subrogation:Landlord and Tenant release each other,and their respective employees,agents and contractors, from, and waive their entire claim of recovery for, any claims for damage to the Premises and the Project and to Tenant's alterations, additions and improvements, trade fixtures and personal property that are caused by or result from fire, lightening or any other porils normally included in an"all risk" or"special causes of loss"property insurance policy whether or not such loss or damage is due to the negligence of Landlord, or its employees, agents or contractors, or of Tenant, or its employees, agents or contractors. Landlord and Tenant shall cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against either party in connection with any damage covered by such insurance policy. 23. Utilities and Amenities: Tenant shall fully and promptly pay for all water, sewer; natural gas, garbage collection, telephone service, electricity, and all other public utilities of any kind furnished to the Premises throughout the term hereof and all other costs and expenses of any kind whatsoever in connection with the use, operation,and maintenance of the Premises and all activities conducted thereon. Landlord shall have no responsibility of any kind for any costs thereof and Landlord shall have no liability resulting from any interruption of utility services caused by fire or other casualty, strike, riot, vandalism, the making of necessary repairs or improvements, or any other cause beyond Landlord's reasonable control. If(i) any utilities or services to the Premises are interrupted due to a cause within Landlord's reasonable control,and Tenant is unable to, and does not, use the Premises as a result of such interruption, and (ii) Tenant shall have given notice respecting such interruption to Landlord, and Landlord shall have failed to cure such Interruption or discontinuance within seven(7)consecutive days after receiving such notice, then rent hereunder shall thereatler be abated until such time as such services or utilities are restored or Tenant begins using the Premises again, whichever shall first occur. Such abatement of rent shall be Tenant's sole recourse in the event of an interruption of services or utilities required to be provided by Landlord hereunder. Tenant shall control the temperature in the Premises to prevent freezing of any plumbing or sprinkler system. 24. Assignment and Subletting: Tenant shall riot assign or in any manner transfer this Lease or interest herein, or sublet the Premises or any part thereof, or allow anyone to occupy the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Consent by Landlord to one assigmnent of the lease, or to one subletting of the Premises, shall not operate as a consent to a subsequent assignment or subletting. Tenant shall not change the name under which it does business in the Premises without Landlord's prior written consent. 25. Bankruptcy: If Tenant becomes a Debtor under Chapter 7 of the Bankruptcy Code ("Code")or a petition for reorganization or adjustment of debts is filed concerning Tenant under Chapters I 1 or 13 of the Code, or a proceeding is filed under Chapter 7 of the Code and is transferred to Chapters 11 or 13 of the Code, the Trustee or Tenant, as Debtor and as Debtor-In-Possession,may not elect to assume this Lease or to assign this Lease to a third party unless, at or before the time of such assumption and/or assignment, the Trustee or Tenant has: (a) cured all defaults under the Lease and paid all sums due and owing to Landlord under the Lease,and(b)deposited with Landlord a sum equal to two(2)month's rent to be held by Landlord(without any allowance for interest thereon)to secure Tenant's future performance under the Lease, 26. Eminent Domain: If the whole of the Premises hereby leased shall be taken by eminent domain, then the tern of this Lease shall cease as of tine day possession is taken by such public authority and the rent shall be paid up to that date. If only a part of the Premises shall be taken by eminent domain and the remainder of the Premises not so taken can be made tenantable for the purposes for which Tenant has been using the Premises, their this Lease shall continue in full force and effect as to the { remainder of the Premises and all of the terms herein provided shall continue in effect, except that the minimum Tent shall be reduced in proportion to the amount of the Premises taken, and Landlord, at its own cost and expense, shall make all necessary repairs and alterations in the Premises required by such taking;provided,however, that if more than fifty percent(50%) of the floor area of either the building in which the Premises are located or the Project shall be taken by eminent domain, , then Landlord may elect to terminate this Lease as of the date possession thereof is taken. All damages awarded for such taking shall belong to and be the property of the Landlord whether such damages shall be awarded as compensation for diminution of the value of the leasehold or to the fee of the Premises,but Landlord shall not be entitled to any portion of the award made to Tenant for cost of removal of stock and fixtures. 27.Destruction of the Premises; If the Premises are partially or totally destroyed by fire or other casualty,then Landlord may al1`s� Page 5of13 p rW1,.V% Y$.}tN 4+—Y'F'T't t•9'a(s 1• �0 t'. ....._ t i elect to either(a)restore the Premises to substantially the same condition as they were in immediately before such destruction, or (b)terminate this Lease effective as of the date of such destruction. If Landlord does not give Tenant notice within sixty(60)days alter the date of such destruction of its election to restore the Premises,then Landlord shall be deemed to have elected to terminate this Lease. If Landlord elects to restore the Premises, then Landlord shall use commercially reasonable efforts to complete such restoration within one hundred eighty (180) days after the date on which Landlord obtains all permits necessary for such restoration, provided,however, that such one hundred eighty(180)day period shall be extended by a period equal to any delays caused by Force Majeure, and such destruction shall not terminate this Lease. The term"Force Majeure"means strikes,lockouts, labor disputes, shortages of labor or materials, fire or other casualty,Acts of God or any other cause beyond the reasonable control of Landlord. 28.Default: The occurrence of any of the following shall constitute a default by Tenant under this Lease: (a) Failure to Pay Rent. Failure to pay rent,CAM Charges or any other charges due to Landlord when due,if the failure continues for a period of three(3)days after notice of such default has been given by Landlord to Tenant. (b) Failure to Comply with Rules and Regulations. Failure to comply with the Rules and Regulations, if any, if the failure continues for a period of twenty-four (24)hours after notice of such default is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty-four (24) hours, then Tenant shall not be in default wider this Lease if Tenant commences to cure the failure to comply within twenty-four(24)hours and diligently and in good faith continues to cure the failure to comply. (e) Other Defaults. Failure to perform any other provision of this Lease, if the failure to perform is not cured within ten(10)days after notice of such default has been given by Landlord to Tenant. If the default cannot reasonably be cured within ten(10)days,then Tenant shall not be in default under this Lease if Tenant commences to cure the default within ten(10) days and diligently and in good faith continues to cure the default (d) Appointment of Trustee or Receiver. The appointment of a trustee or receiver to take possession of substantially all of the Tenant's assets located at the Premises or of Tenant's interest in this Lease,where possession is not restored to Tenant within sixty (00) days; or the attaclunent, execution or other judicial seizure of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease,where such seizure is not discharged within sixty(60),days. 29. Remedies: If Tenant commits a default;Landlord shall have the following alternative remedies,which are in addition to any remedies now or later allowed by law: (a) Maintain Lease in Force. Maintain this Lease in Rill force and effect and recover the rent and other monetary charges as they become due,without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the Premises. If Landlord elects to not terminate the Lease, Landlord shall have the right to attempt to re-let the Premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the Premises as Landlord deems reasonable and necessary without being deemed to have elected to terminate the Lease including removal of all persons and property from the Premises; such property may be removed and stored hi a public warehouse or elsewhere at the cost of and for the account of Tenant, In the event any such re-letting occurs, this Lease shall terminate automatically upon the new Tenant taking possession of the Premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially,Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant, (b) Terminate Lease. Terminate Tenant's right to possession by any lawful means, in which case this Lease shall terminate and Tenant shall inunediately surrender possession of the Premises to Landlord. hi such event Landlord shall be entitled to recover fi-om Tenant all damages incurred by Landlord by reason of Tenant's default including without limitation thereto, the following: (i) The worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (ii)the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination mitil the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (iii) the worth at the tine of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided;plus(iv)any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenants failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including without limitation, any costs or expenses incurred by Landlord in(A)retaking possession of the Premises, including reasonable attorney fees therefor, (B)maintaining or preserving the Premises after such default, (C)preparing the Promises for reletting to a new tenant,including repairs or necessary Page 6 of 13 I alterations to the Premises for such relenting,(D)leasing commissions,and(E)any other costs necessary or appropriate to relet the Premises; plus (v)at Landlord's election, such other amounts hi addition to or in lieu of the foregoing as may be permitted from time to tine by applicable state law. Upon any such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Premises, which Landlord in its sole discretion deems reasonable and necessary. As used in Subsection 29(b)(i)the"worth at the time of award"is computed by allowing interest at the rate of twelve percent(12%)per year from the date of default. As used in Subsections 29(b)(ii) and(ii)the "worth at the time of award"is computed by discounting such amounts at the discount rate of twelve(12%)per year. 30. Deliveries to Premises and Trash: All deliveries of merchandise, supplies and materials to the Premises and removal of trash, garbage and other waste shall be nnade at such hours and in accordance with such rules as Landlord shall prescribe for the project. In event Landlord's rules so prescribe, Tenant shall provide adequate covered metal receptacles for trash, garbage and other waste, located at Landlord's direction, and shall not be visible to members of the public. Tenant shall not permit an accumulation of boxes,waste or other refuse matter. 31. Surrender on Termination: (a) On the expiration or sooner termination of this Lease, Tenant shall deliver all keys to Landlord, have final utility readings completed showing paid for by the date of move out, and surrender and vacate the Premises in good condition, clean and free of debris inside and out, with all mechanical, electrical and plumbing systems in good operating condition; all signage removed and any damage to the Premises resulting from removal of signage properly repaired to Landlord's reasonable satisfaction and all repairs called for under the Lease completed. The Premises shall be delivered in the same or better condition as at the commencement of the term, subject only to ordinary wear and tear. Tenant acknowledges that Tenant will be charged for the cleaning of carpet,blinds, and any excess dirt, debris, and or rubbish caused by the nature of Tenant's business and such will not be considered ordinary wear and tear. These cleaning charges are not included in the Non-Refundable Cleaning Fee. Should Tenant paint walls a different color or walls become excessively stained or dirty, Tenant wil I be held responsible at Tenant's sole expense, for patching and priming walls prior to move-out. Tenant further agrees to remove all of its furnishings and trade fixtures that remain its property and properly repair all damage resulting from such removal to Landlord's reasonable satisfaction. Failure to remove said property shall be abandonment of same and Landlord may dispose of it in any manner without liability.Any trade fixtures left in the Premises after the expiration or sooner termination of this Lease shall be considered as abandoned by the Tenant and shall become and remain property of Landlord. (b)if Tenant fails to vacate the Premises upon the expiration or sooner termination of this Lease, then Landlord may elect either(i)to neat Tenant as a tenant from month-to-month, subject to all provisions for term and for base rent which shall be equal to 150%of the last monthly base rental plus all other charges,taxes and expenses to be paid to Landlord as specified herein,or(ii)to eject Tenant from the Promises and recover damaged caused by wrongful holdover. 32. Subordination of Lease: Tenant agrees that it will, at any time upon request from Landlord, execute a subordination agreement it recordable form, subordinating this Lease to any mortgage or mortgages, deed or deeds of trust, or other encumbrance on the Premises which may be executed by the Landlord. 33. Building Planning: In the event Landlord requires the Premises for use in conjunction with another suite or for other reasons connected with the Project planning program, upon notifying Tenant in writing, Landlord shall have the right to move Tenant to other space in the Project, at Landlord's sole cost and expense, and the terms and conditions of the original Lease shall remain in full force and effect,save and excepting that an"Exhibit"reflecting the location of the new space shall become part of the Lease and Page 1 of this Lease shall be amended to include and state all correct data as to the new space. However, if the new space does not meet with Tenant's approval, Tenant shall have the right to cancel this Lease upon giving Landlord thirty (30) days notice within ten(10) days of receipt of Landlord's notification. If Tenant cancels this Lease pursuant to this Section 33,Tenant shall vacate the Building and the Premises within thirty(30)days of its delivery to Landlord of the notice of cancellation. 34. Notice to Vacate: Tenant shall provide to Iandlord a written notice of intent to vacate Premises. Said notice is to be received by Landlord not less than ninety(90)days prior to the expiration of the lease term. If said intent is to vacate the Premises after the expiration of the lease term,Tenant shall notify Landlord not less than 30(thirty)days prior to the end of the calendar month. 35. Hold-Over: If the Tenant shall, with the written consent of Landlord,hold over after expiration of the term of the Lease, or extension hereof, such tenancy shall be for an indefinite period of time on a month-to-month tenancy,which tenancy may be n terminated as provided by the laws of the State of Washington.Duriag such tenancy, Tenant agrees to pay to the LandldrdAt 0 r Page 7 of 13 i I' holdover rate asset forth in Paragraph 31(b),unless a different rate is agreed upon, and to be bound by all the terms,covenants, and conditions herein specified, as far as applicable. 36. Heirs and Successors: Subject to the provisions herein pertaining to assigmnent and sub-lotting, the covenants and agreements to this Lease shall be binding upon the heirs, legal representative,successors and assigns of any or all of the parties hereto. 37. Notices: All notices to this Lease provided to be given by either party hereto shall be deemed to have been given, when made in writing and deposited in the United States mail,certified and postage prepaid and addressed as follows: TO LANDLORD: Plemmons Industries, Inc. P.O.Box 1068 '...... Kent,WA 98035 TO TENANT: City of Kent Attn: John Rostead 220 Fourth Avenue South Kent, WA 98032 The address to which any notice, demand or other writing may be given, made or sent to either parry may be changed by written notice given by such pasty as above provided. 38. Fees; Deposits: If Tenant vacates the Premises or defaults before the end of lease term,the last one month's rent shall be r forfeited. This does not alleviate Tenant's monthly responsibility to the monthly rent. If Tenant faithfully performs in accordance with the terms of this Lease, the rent on deposit will be applied to the last one month's rent, providing notice of termination is given in the timely manner set forth within. Tenant hereby agrees to pay a one-time$120.00 (One hundred Twenty and No/100 Dollars)non-refundable cleaning fee upon the initial rental of each unit. 'this fee is not reassessed on renewals. This fee excludes the cost of cleaning the carpet and blinds and servicing the IIVAC unit(if any). Tenant's using a dwnpster wrderstands that the dtnrpster or cans must be kept inside the Premises. Before the Security Deposit is refunded,proof must be shown to the Landlord that all garbage fees have been paid in full. 39. Severability: If any provision of the Lease is held to be invalid, unenforceable or illegal, the remaining provisions shall not be affected and will be enforced to the fullest extent permitted by law. 40.Attorney's Fees: if either party shall bring any action for relief against the other party, declaratory or otherwise,arising out of this Lease, including any action by Landlord for the recovery of rent or possession of the Premises, any trial, any appeal, or any post judgment proceedings, or if either party engages an attorney to represent it in connection with the bankruptcy or reorganization of the other party, then the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. 41.Time of Fssence: Time is of the essence in this Lease and of every provision hereof. 42. Right to Change Name of Building: Landlord reserves the right to change the name or street address of the building without notice or liability of Landlord to Tenant. 43. Rider: Tenant and Landlord hereby agree that no paint spraying, auto body, or auto repair, personal or otherwise, is to be conducted on the Premises. 44, Environmental: The term "Envirmunental Law" shall mean any federal, state or local statute, regulation or ordinance or any judicial or other governmental order pertaining to the protection of health, safety or the environment. The term "Ilazardous Substance" shall mean any hazardous, toxic, infections or radioactive substance, waste and material as defined or listed by any Environmental Law and shall include,without limitation,petroleum oil and its fractions. Page 8 of 13 t.; i (a)Use of Hazardous Substances. Tenant shall not cause or permit any Hazardous Substance to be spilled,leaked, disposed of or otherwise released on or under the Premises. Tenant may use and sell on the Premises only those Hazardous Substances typically used and sold in the prudent and safe operation of the business permitted by Paragraph 7 of this Lease. Tenant may store such Hazardous Substances on the Premises, but only in quantities necessary to satisfy Tenant's reasonably anticipated needs. 'Tenant shalt comply with all Environmental Laws and exercise the highest degree of care in the use, handling and storage of Hazardous Substances and shall take all practicable measures to minimize the quantity and toxicity of Hazardous Substances used,handled or stored on the Premises. (b) Notices. Tenant shall immediately notify Landlord upon becoming aware of the following: (i) any spill, leak, disposal or other release of a Hazardous Substance on, under or adjacent to the Premises; (ii) any notice or communication from a governmental agency or any other person relating to any Hazardous Substance on, under or adjacent to the Premises; (iii) any violation of any Environmental Law with respect to the Premises or Tenant's activities on or in connection with the Premises. (c) Tenants financial responsibility. Tenant and Landlord hereby agree that the Tenant will assume all financial 1 responsibility for damage, repair and pollution clean up due to any hazardous waste or chemical spillage. This includes I damage to the building's cement slab floor and the building structures,walls,plumbing,electrical wiring and adjoining offices. This also includes pollution clean up in the parking lot from the front of the building extending out 50 (fifty) feet north and i south. Pollution clean up area also includes ground dirt under Plemmons Industrial Park building extending out 50 (fifty)feet. (d) Spills and Releases. In the event of a spill, leak, disposal or other release of a Hazardous Substance on or under the Premises caused by Tenant or any of its contractors,agents or employecs or invitees, or the suspicion or threat of the same, Tenant shall (i) immediately undertake all emergency response necessary to contain, cleanup and remove the released Hazardous Substance, (ii) promptly undertake all investigatory, remedial, removal and other response action necessary or appropriate to ensure that any Hazardous Substances contamination is eliminated to Landlord's reasonable satisfaction, and (iii) provide Landlord copies of all correspondence with any governmental agency regarding the release (or threatened or suspected release) or the response action, a detailed report documenting all such response action, and a certification that any contamination has been eliminated. All such response action shall be performed,all such reports shall be prepared and all such certifications shall be made by an environmental consultant reasonably acceptable to Landlord. (e)Condition Upon Termination. Upon expiration of this Lease or sooner termination of this Lease for any reason, Tenant shall remove all Hazardous Substances and facilities used for the storage or handling of Hazardous Substances from the Promises and restore the affected areas by repairing any damage caused by the installation or removal of the facilities. Following such removal,Tenant shall certify in writing to Landlord that all such removal is complete. (f) Indemnity by Tenant. Tenant shall defend, indemnify and hold Landlord harmless from and against any and all damages,charges,cleanup costs,remedial actions, costs and expenses,which may be imposed on,incurred or paid by,or asserted against Landlord,the Promises or the Project by reason of, or in connection with(i)any misrepresentation,breach of warranty or other default by Tenant under this Lease, or(h)the acts or omissions of Tenant, or an),of its contractors, agents or employees or invitees, or any subtenant or other person for whom Tenant would otherwise be liable,resulting in the release of any Hazardous Substance on the Premises or the Project. The provisions of this Section 44 shall survive the expiration or sooner termination of this Lease. 45.The following Addendums are hereby incorporated and made part of this lease agreement: "A" and "B". 46.The following Exhibit is hereby incorporated and made part of this Lease agreement: "A". r IG.'•Y,S ��.. I 1 47. All rents are calculated based on a per unit cost and not per square foot cost. (All warehouse square footages are estimated). EXECUTED THIS DAY OF —,20 LANDLORD: PLEMMONS INDUSTRIES,INC. ATTEST: BY: Teresa P.Hutchens,Property Manager EXECUTED THIS DAY OF 20 TENANT: CITY OF KENT BY: Suzette Cooke,Mayor i i Page 10 of 13 E ADDENDUM"A" IMPORTANT INFORMATION FOR PLEMMONS INDUSTRIAL PARK WAREHOUSE TENANTS PHONE NUMBER FOR UTILITIES AND SERVICES: Puget Sound Energy _ I-888-225-5773 j Post Office(Kent-Main,to set up delivery) 253-520-7576 Allied Waste Garbage Service 206-652-8832 Qwcst 1-800-603-6000 UTILITIES/SERV ICES: The Landlord will have meter read as close today of possession as possible. The Landlord will allow three(3) business days before instructing the electrical company to discontinue service. It is the responsibility of the Tenant to contact the above utilities/services and put these services into their name prior to or on the first day of occupancy. The Gas and Electric Utility Services are provided by Puget Sound Energy. Tenant hereby understands that Tenant will be fully responsible for any charges incurred during the lease term for services provided by said Puget Sound Energy Company. SIGNAGE: All window signage must be in uniform WIRTE lettering. The suite door signage must be in the uniform lettering also. Signage is a Tenant cost. Auburn Sign Company is familiar with our requirement,please call 854-2333. Wood warehouse front signs are allowed (SEE EXHIBIT "A", SIGN CRITERIA), and can be purchased from Auburn Sign. No advertising or bulletins are allowed on the doors or windows. KEYS/LOCKS: Re-keying of any office/unit door is not permitted without the prior consent of the Landlord. Plemmons Industries, Inc. will not release a key nor allow entry to any Tenant's unit to any person(s), except Tenant, without the prior written consent of the Tenant. Such consent memo must include full name of person and reason for key release. Person receiving key must have verifiable identification. NO EXCEPTIONS! Call the Property Manager for more information. RENT PAYMENT: Rent is due on or before the first of each month. NO NOTICE OR INVOICE WILL BE SENT. It is the Tenant's responsibility to mail the rent payment or deliver it to the main office during business hours. Monday-Friday 8:00 a.m. -5:00 p.m. WATER METERS: If your unit does not have a water meter, one will be installed. The installation will require interrupting your water service and lavatory facilities for a short period of time. Notice will be given 24 hours prior to installation.Access to the unit for the sole purpose of reading the motor is hereby considered authorized by the Tenant. Prior to installation of a water meter,report any water leaks or running toilets immediately. Tenants will be responsible for and billed for excessive usage caused by a leak. WATER/SEWER/STORM DRAINAGE BILLING: Water meters will be read at time of occupancy or installation,and on the 1"of the month with billing notices to follow by the 15`h. An access charge will be added to each billing in the amount of$2.00(Two Dollars)which is subject to change. A monthly City of Kent Strom Drainage Fee of$14.18 will be charged per unit(this is subject to change with a City of Kent rate change). The water/sewer and storm drainage bill is due and payable with the next months rent& CAM payment on the first of the month. Water/sewer and storm drainage bills not paid by the 10th of the month will incur a$25.00 (Twenty Five Dollars) late fee.There is no grace period, if a water meter is not installed in your unit,you will be billed a pro rain share of the remaining water bill fron the City of Kent. MAINTENANCE Please refer to paragraphs 16, 17, 18 & 19 of your lease. These paragraphs explain in detail the responsibility of both Landlord and Tenant in regards to repairs and maintenance. If you have a problem and feel it is our responsibility, please call (253) 854-2600 and report it. We will attend to it in a timely manner and emergency needs will be seen to as soon as possible. If you are a new Tenant and have occupied your unit for 30 days or less and experience a problem, call us. It could be something we missed during our inspection and/or something we believe we should fix for you. Please feel flee to call us if you have any questions. Page I of'13 ty J RERILLED MAINTENANCE COSTS: The Tenant shall at it's own expense maintain the interior of the Premises at all times, as well as all doors,windows and glass. If the Tenant fails to maintain the Premises or to make such repairs, the Tenant hereby agrees that the Landlord's maintenance staff shall make such repairs and bill the Tenant at the hourly rate of$30.00 (Thirty Dollars)plus the cost of materials. if an outside contractor of vendor is used,it will be charged back to the Tenant at their cost. i GARBAGE: Remember that the garbage taus, dumpsters, recycling containers, and other trade related containers must be kept inside i your warehouse. They may be put out on pick-up day only, DELIVERIES: Landlord accepts no responsibility for and is to be held harmless for any packages,materials,etc., delivered to the corporate offices by couriers or any delivery service for the Tenants. i MAIL/MAIL BOXES: The mailboxes are located at the front of the complex, next to 1609 Building. All tenants will be charged a$10.00 (Ten Dollars and no/100ths)postal key fee. If keys are returned upon move out the ree will be refunded. Contact the Main Post Office located at 10612 SE 240th in Kent regarding mail delivery and your mailbox. Their phone nurnber is(253)852-3950. PARKING/STORAGE: Do not park in front of any unit(s) other than your own. Center area parking is common parking for 'Tenants and customers only. Storage of any vehicle or trailer is not permitted. Any vehicle W1 for over night with out the written consent of the Landlord will be subject to towing at the owner's expense. i ALARM SYSTEM: If you wish to install a alarm system, the Landlord does not object. However, you need to secure written permission from the Landlord. When ascertaining permission for your alarm system, you must provide the Landlord with the pass code, name, address, and phone number of alarm service provider and an emergency number to call in case of accidental activation of the system or an emergency. WAREHOUSE FLOORS: Painting of warehouse floors is strictly prohibited. Call the Property Manager at(253) 854-2600 if you have any needs or questions. Landlord: Plemmons Industries,Inc. Teresa P.Hutchens,Property Manager Date Tenant: CITY OF KENT SUZETTE COOI£E,MAYOR Date :av Page 12 of 13 i ii EXHIBIT"A" SIGN CRITERIA ! Noormthwest it 41 TaEpe & Audio l leo&AUaI® U6 RECEIVING 12^X48° SHIPPING 16' 11P FRO w u �l • All signs must be 3'X 6' and centered 16"up from door and windows(as per above sample.) • All signs must have radius comers, the body of the sign must be painted in Rodda Paint Company's CP13 Pigeon #532001 with the edge trimmed in the Rodda Teal color 9KT2496J1791, Any "shipping" or "receiving"signs will be in the Pigeon color base with Teal letters. • Use of any color of letters identifying your business name is acceptable and logos are also acceptable. Advertising of any kind,however,is not acceptable. Phone numbers are not acceptable. • Only one sign per Tenant will be allowed. • All signs must be approved by the Landlord prior to installation. It is advised to have the drawing approved, prior to fabrication. Io lieu of 3' x 6' sign above door,Tenant may install the following: • White vinyl lettering of business name may be applied to window. Letters shall not exceed 3" in height and must be centered on window, 16"down from top portion of whidow. 1 Page 13 of 13 �A ADDENDUM "B" RENTSCHEDULE Tenant covenants and agrees to pay Landlord a minimum Monthly Rental and Common Area Maintenance Charge for the Premises according to the following schedule: Monthly Rental Rate: June 1,2012 through May 31,2013 $1900.00(One Thousand Nine Hundred Dollars and 00/100). June 1,2013 through May 31,2014$1900.00 (One Thousand Nine Hundred Dollars and 00/100). June 1,2014 through May 31,2015$1995.00 (One Thousand Nine Hundred Ninety Five Dollars and 00/100)Rent. Common Area Maintenance Charge: June 1, 2012 through May 31,2013 $250.00(rrwo Hundred Fifty Dollars and 00/100) June 1, 2013 through May 31,2014 $250.00(Two Hundred Fifty Dollars and 00/100) June 1,2014 through May 31,2015 $300.00 (Thee IIundred Dollars and 00/100) Landlord: Plemmons Industries,Inc. Date: Teresa P. Hutchens, Property Manager Tenant: CITY OF DENT _ Date: _ Suzette Cooke, Mayor r I ACKNOWLEDGEMENT (Corporate) STATE OF WASHINGTON, County of KING }ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given Under My Hand and Official Seal this__day of Notary Public in and for the State of Washington My appointment expires: ACKNOWLEDGEMENT (Corporate) STATE OF WASHINGTON, County of KING }ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given Under My Hand and Official Seal this_ day of Notary Public in and for the State of Washington My appointment expires: KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: May 1, 2012 SUBJECT: Rottler Manufacturing Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Rottler Manufacturing project, permit #2110644, for 650 linear feet of frontage improvements, 1 storm sewer manhole, 5 catch basins, and 398 linear feet of storm sewer line. SUMMARY: The Rottler Manufacturing project is located at 8029 S. 200th Street, parcel #0122049056. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: Jackie Bicknell 220 — 4TH AVENUE SOUTH KENOT- WASHINGTON KENT,WASHINGTON 98032 i Project: Rottler Building Expansion t Permit #: RECC-2110644 Location: 8029 S. 200th Street Parcel #: 012204-9056 BILL OF SALE CITY OF KENT KING COUNTY,WASHINGTON THIS INSTRUMENT made this 21 day of February 20 12 by and between Rockfish Enterprises, LLC , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described Improvements: A. WAT_ ERMAIOS: N/A Together with a total of gate valves at $ each, hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) waterline. B. SANITARY SEWERS: N/A Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM T® (street, easement, etc.) Including linear feet at $ per LF of (size &type) sewerline. Bill of Sale 1of5 C. NEW STREETS: NIA Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size &type) (improvement). O. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) 80th Ave. S. 27 + 50 30 + 00 (intersection of Both Ave. S. S. 200th St. 10 + 00 14 + 00 and S.200th St.) Including 650 linear feet at$ 150.00 per LF of Industrial Collector Arterial (size &type) 12-inch PVC Storm (improvement). E. STORM SEWERS: Together with a total of 1 manholes at $ 5,000.00 each or total of 5 catch basins at $ 1,500.00 each, LF of biofiltration swale or drainage ditch with a total cost of $ - -- cubic feet of detention pond storage with a total cost of$ - and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 80th Ave. S. 27 + 50 30 + 00 S. 200th St. 10 + 00 14 + 00 Including 398 linear feet at $ 50.00 per LF of Storm (size &type) 12-inch PVC sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of �Ph 1)r, eul 20 x IN WITNESS WHEREOF, the undersigned has caused this Instrument to be executed on this day of 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of , 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this a a day of � , 20 I_� , before me, the undersigned 01 A1 Notary Public in and for the State of Washington, ly commissioned and sworn, personally appeared 01hAl -� I`0+fIir and �7}Clhn �0 (Cy- to me to be the MaimAinA anAAeV and N(A YIGtQC( respectively of (G LF-t; the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said I W6T fwlh' for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. �SysZI .. Notary Publ' in a for the State of m u %D TAqy, ': Washington, residin at puJLIC fa `i _ gcnt • ,: m's+�,. • � �,.�,`O�e� My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the °� day of NGLDL 20 OL- Bill of Sale 4of5 KENT WASHINGTQN ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Roftler Building Expansion project dated April 24, 2011 for the same said Rottler Building Expansion project. Ali Sadr the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers , the firm responsible f preparation of the record drawings. SAOR _ �WeA�WABrysNP� C Signature (Engineer stamp required) Bill of Sale 5of5 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES April 3, 2012 Committee Members Present: Dennis Higgins (acting chair), Jamie Perry, Dana Ralph (for Les Thomas) The meeting was called to order by D Higgins at 4:03 p.m. 1. APPROVAL OF MINUTES DATED MARCH 20, 2012. J. Perry moved to approve the Operations Committee minutes dated March 20, 2012. D. Ralph seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORTS DATED MARCH 1 THROUGH MARCH 15, 2012 D. Ralph moved to recommend Council approve the Check Summary Reports dated March 1- 15, 2012. J. Perry seconded the motion, which passed 3-0. 3. MOVE TO RECOMMEND APPROVAL OF THE 2012 CONSULTANT SERVICES AGREEMENT WITH GREEN RIVER COMMUNITY COLLEGE'S SMALL BUSINESS ASSISTANCE CENTER, NOT TO EXCEED $21,102. A brief description of the program was provided by J. Hall, Economic Development Specialist. Green River Community College's Small Business Assistance Center shall offer to Kent residents and to individuals seeking to open a business in Kent one-on-one counseling, classes and workshops at no or low cost to the client. Changes were made to the reporting requirements to get a better idea of what businesses are being assisted and the scope of service was expanded to include the West Hill. The contract amount is the same as last year. Council requested Josh email the most recent report that Kirk provides and liked the suggestion of sharing quarterly success at a council meeting. J. Perry moved to recommend approval of the 2012 Consultant Services Agreement with Green River Community College's Small Business Assistance Center, not to exceed $21,102. D. Ralph seconded the motion, which passed 3-0. 4. MOVE TO RECOMMEND APPROVAL OF THE CONSULTANT SERVICES AGREEMENT WITH COMMUNITY ATTRIBUTES INTERNATIONAL TO PROVIDE THE SHOWARE CENTER'S ECONOMIC IMPACT ANALYSIS, NOT TO EXCEED $36,400. B. Wolters, Economic and Community Development Director, presented information regarding the impact analysis at the March 20, 2012 Operations Committee Meeting. He is bringing it back to the Committee for approval to move to City Council. D. Higgins would like Council to have input regarding the questions that will be asked as part of the analysis. D. Ralph has concerns that the results will be pre-determined/controlled response in favor of the Center and wants to have both negative and positive feedback. There was discussion about an additional future analysis that would be directed at marketing. Funding for the analysis will be provided from various departments. The Agreement will move to April 17 Council Meeting under Other Business. J. Perry moved to recommend approval of the Consultant Services Agreement with Community Attributes International to provide the ShoWare Center's Economic Impact Analysis, not to exceed $36,400. D. Higgins seconded the motion and D. Ralph was a nay. The motion passed 2-1. Operations Committee Minutes April 3, 2012 Page: 2 S. MOVE TO RECOMMEND CITY COUNCIL AUTHORIZE THE MAYOR TO EXECUTE THE INFORMATION TECHNOLOGY DEPARTMENT PURCHASE ORDERS AND ASSOCIATED CONTRACTS FOR SYSTEMS WITH ANNUAL MAINTENANCE COSTS OVER $25,000 PER YEAR The annual contracts include 10-12 systems that require annual maintenance, which are described in an attached document. The dollar amounts have not changed since the last review. J. Perry asked why the City does not use Open Source Solutions. M. Carrington responded that they have been used in the past for small to medium systems; however, the service is not reliable for our larger systems, which is critical for staff. D. Ralph moved to recommend City Council authorize the Mayor to execute the Information Technology Department purchase orders and associated contracts for systems with annual maintenance costs over $25,000 per year. J. Perry seconded the motion, which passed 3-0. 6. Streets and Parks Infrastructure Project Update (INFORMATION ONLY) J. Hodgson explained that our Parks and Public Works Departments maintain a great deal of infrastructure. As requested by City Council from their retreat, both departments have compiled projects and possible funding sources to repair our infrastructure. The citizen committees for both Parks and Public Works were given goals and have been reviewing information for the past few weeks. They are here to present a mid-term status report on what they've done to date. J. Watling presented on behalf of Parks and T. LaPorte and S. Smith presented on behalf of Public Works. The Parks and Public Works Citizen Committees will report their final assessment at a council workshop on May 1. J. Hodgson distributed a tentative timeline to the Operations Committee that works from now to December, with a possible vote on funding options going to the public in November. He briefly provided examples of possible funding options that the citizen committees are discussing. J. Perry recommended both citizen committees have a notebook with all the projects and revenue sources listed. The meeting was adjourned at 4:50 p.m. by D. Higgins. Pamela Clark Operations Committee Secretary Parks and Human Services Meeting Minutes .i.__ March 15, 2012 Call to order: Debbie Ranniger called the meeting to order at: 5:02 p.m. Council Present: Chair Debbie Ranniger and Dana Ralph. Elizabeth Albertson was absent. i Lori Hogan Superintendent of Recreation and Cultural Services was the official recorder, replacing Teri Petrole for this meeting. Debbie was pleased to announce that she and Dana are saving paper by using iPads for viewing meeting agendas, instead of a printed agenda. Item No. 1: Minutes of February 16, 2012 D. Ralph moved to approve the minutes of February 16, 2012 meeting. D. Ranniger seconded. The motion passed with 2-0 with concurrence from Elizabeth Albertson. Item No 2• Consolidated Annual Performance Evaluation Report - Authorize Human Services Planner Dinah Wilson reported that the 2011 Consolidated Annual Performance and Evaluation Report (CAPER) for the City of Kent, Washington is a report to the U.S. Department of Housing and Urban Development (HUD) on the City's activities and accomplishments using Community Development Block Grant (CDBG) and other funds. The report is required by HUD annually and must be submitted by March 31st of each year. The report includes information on how CDBG funds were used to further the goals and strategies of the Consolidated Plan, as well as an evaluation of activities executed by the City. The $709, 675.00 in 2011 and funded five public service projects, up to the 15% regulatory amount that we had to fund and the remainder went to two capital projects and to administrative expenses. D. Ralph moved to recommend approved the 2011Consolidated Annual Performance and Evaluation Report and authorizing the Mayor to submit the report to HUD. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No 3• Department of Natural Resources Grant Agreement for Street Tree Inventory - Accegt Parks Director Jeff Watling and Superintendent of Parks Operations Garin Lee shared that staff submitted a Community Forestry Assistance Grant request to the Washington Department of Natural Resources for $9,900 in support of a GIS-based street tree inventory. Specifically, the funding will be used to hire consultants to gather solid baseline data on the city's living assets in the downtown commercial area, to include location, unique tree number, species, height, diameter, condition, specific site issues, and pruning or other maintenance schedules. The grant contract runs through May 31, Page 1 2013. Garin shared that there are 7,000 street trees and an inventory hasn't been done in about eight years. D. Ralph moved to recommend Council accept the $9,900 reimbursable grant from the Washington Department of Natural Resources Community Forestry Assistance Program and authorize the expenditure of funds in the Street Tree budget. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No 4: King County Conservation Futures Agreement Amendment for Huse Property Acquisition - Authorize Park Planner Brian Levenhagen announced that King County is providing for the allocation of additional funds made available for open space acquisition, subject to the terms of the existing Interlocal Cooperation Agreement entered into between the City of Kent and King County on January 29, 1991. By this amendment, the county will provide Conservation Futures Levy Funds to reimburse funds for the purchase of 33.7 acres of open space, buffering Soos Creek Park (Huse property), and a regional trail, as outlined in Attachment K. On November 15, 2010, the King County Council passed Ordinance 16984, which appropriated a total of Six Hundred and Fifty Thousand Dollars ($650,000) in Conservation Futures Levy proceeds to the City of Kent for reimbursement of the Huse Property acquisition project. On June 27, 2011, the King County Council passed Ordinance 17125, authorizing the King County Executive to disburse these funds. Each agreement is considered an amendment to the original grant. D. Ralph moved to accept the funds from King County Conservation Futures in the amount of $650,000.00, amend the Interlocal Cooperation Agreement, approve expenditures in accordance with the Interlocal Agreement in the Park Land Acquisition budget, and authorize the Mayor to sign all necessary documents, subject to terms and conditions acceptable to the City Attorney. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No. 5: City Art Plan and Five Year Plan - Authorize Visual Arts Coordinator Cheryl dos Remedios reported that the City Art Plan details projects for 2012 and lists art expenditures planned for 2012-2016 as part of the 5 year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on January 24, 2012. One of the exciting projects is a Youth Media Art Project. A community art project, KentArts/DIY at Panther arts program and working with an organization called Reel Girls. Voting for the projects will be done on the city's Facebook page. D. Ralph moved to recommend that Council approve the 2012 City Art Plan and Five Year Plan. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Page 2 Item No 6' Agreement for Artwork at Kent Municipal Court - Authorize Cheryl shared that the artist Susan Zoccola was selected by a panel process on January 31, 2012 to create an artwork for the City of Kent Municipal Court. This artwork will act as a separation barrier at the courthouse entrance to enhance public safety. It will also beautify Kent, setting a tone of welcoming and decorum for this civic space. The artist's conceptual design will be reviewed by the panel on March 9. This fast-track project is scheduled to be installed on May 9, 2012. The material for this project includes a glass wall to maintain visibility. Jeff explained that an ordinance was adopted dedicating $2.00 per capita for the Kent Arts Commission in support of cultural programs and services. D. Ralph moved to recommend Council authorize the Mayor to sign the agreement with Susan Zoccola for artwork at Kent Municipal Court, not to exceed $27,500, subject to terms and conditions acceptable to the City Attorney and Parks Director. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No. 7: Memorial Gift to the Senior Center Superintendent of Recreation and Cultural Services Lori Hogan shared that long-time Senior Center participant Winona Constance Grant left two thirds residue of her estate to the Kent Senior Activity Center, amounting to $211,765.00. Ms. Grant was a frequent participant on day trips and enjoyed the companionship of her fellow seniors, as well as Senior Center staff. It was her wish that the funds be used at the City of Kent's discretion for the benefit of the Kent Senior Activity Center. Staff has been meeting to discuss how the funds will be spent, in memoriam of Ms. Grant. Jeff pointed out what a testament this is for our incredible Senior Center staff and how they impact people's lives. D. Ralph said it speaks volume of the positive impacts the Senior Center and its staff have on the community. D. Ralph moved to recommend accepting the memorial gift from the estate of Winona Constance Grant in the amount of $211, 765 and approving expenditures of funds in the Senior Center budget. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No 8. Rainier Industries Ltd. Agreement for Riverbend Golf Complex - Authorize Superintendent of Riverbend Golf Complex Pete Petersen said that the tent at the 18- Hole at Riverbend Golf Complex was destroyed during the snow and ice storm in January 2012. The golf complex tent is used for various functions throughout the year including; corporate golf tournaments, local and regional golf events, junior camps and tournaments, and as an event banquet facility. The golf complex tent is an important element in marketing and promoting the golf complex to local and regional tournaments and events. The original tent was purchased and installed by Rainier Industries, Ltd. Page 3 To purchase the replacement tent, staff received written determination from the Mayor, waiving the bidding requirements as allowed in Section 3.70.080 of the Kent City Code and City of Kent Administration Policy Number 1.1.10. The replacement of the golf complex tent will cost $27,938.93 and is covered by the claim submitted to the city's insurance company Affiliated FM for storm damage repair. Affiliated FM approved the bid from Rainier Industries, Ltd. for the purchase and installation of a new tent at the golf complex on a "like for like" basis. D. Ralph moved to recommend authorizing the Mayor to sign the agreement with Rainier Industries, Ltd. To purchase and install a tent at Riverbend Golf Complex in the amount of $27,938.93, subject to final terms and conditions acceptable to the City Attorney and Parks Director. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No. 9: Engineered Control Systems Agreement for Corrections Facility - Authorize Police Lieutenant Curt Lutz and Deborah LeRoy of the Kent Police Department attended the meeting to report that Engineered Control Services (ECS) is a single source of supply involving electronic control of doors, intercoms and cameras through their specific equipment within the City of Kent Corrections Facility. The agreement provides replacement of some of the existing cameras, as well as installation of cameras in new areas. D. Ralph moved to recommend that City Council authorize the Mayor to sign the Goods and Services Agreement with Engineered Control Systems in an amount not to exceed $25,424.27, and authorize expenditures from Justice Assistance grant budget. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No. 10: Cascade Door & Hardware Agreement for Municipal Court Remodel - Authorize The City of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent Municipal Court clerical staff and Probation staff. This required the purchase of locks and door hardware to be consistent with the city of Kent locking system. This agreement is for Door hardware and locks at Kent Municipal Court. Cascade Door and Hardware was selected from three written quotes. D. Ralph moved to recommend authorizing the Mayor to sign the agreement with Cascade Door & Hardware in an amount not to exceed $25,998.59 to furnish door hardware for the Municipal Court Renovation Project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Page 4 I I Item No 11: Rushton Brothers Agreement for Municipal Court Renovation Project - Authorize The city of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent Probation Department staff and Kent Municipal Court staff in one location to fully utilize the space. This agreement is for cabinets that are needed for storage in the clerical areas of Probation and Court. Rushton Brothers was selected through the written quote process. D. Ralph moved to recommend authorizing the Mayor to sign the agreement with Rushton Brothers in the amount not to exceed $28,508.33 to furnish casework at Kent Municipal Court, subject to final terms and conditions acceptable to the City Attorney and Parks Director. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No 12• Creative Office Furniture Agreement for Municipal Court Renovation Proiect - Authorize The City of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent Municipal Court clerical staff to fully utilize the added space. This required the purchase of furniture for the added space. This agreement is for furniture for added space at Kent Municipal Court. Creative Office was selected though written quote process. D. Ralph moved to recommend authorizing the Mayor to sign the Creative Office Furniture Agreement in the amount not to exceed $32,622.78 to provide Maxon furniture for the Municipal Court Renovation Project, subject to final terms and conditions acceptable to the City Attorney and Parks Director. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No 13: ProtectionTech Agreement for Municipal Court Renovation Proiect - Authorize The city of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent Municipal Court clerical staff and Probation staff. This agreement is for the electronic access control system. Which is the system being used in city buildings now. This agreement is for the electronic access control system at Kent Municipal Court. ProtectionTech was the successful bidder through the competitive negotiation RFP process. D. Ralph moved to recommend authorizing the Mayor to sign the ProtectionTech Agreement in the amount not to exceed $34,908.60 to furnish and install an access control system for the Municipal Court Renovation Project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. i i Page 5 Item No. 14: Evergreen Technologies Agreement Municipal Court Renovation - Authorize The City of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent Municipal Court Clerical Staff and Probation Staff. This agreement is for the Low Voltage/Data/CCTV to make building compatible with city of Kent voltage/data/cctv. The agreement is for Low Voltage/Data/CCTV at Kent Municipal Court. Evergreen was the successful bidder in Competitive Negotiation RFP process. D. Ralph moved to recommend authorizing the Mayor to sign the agreement with Evergreen Technologies in the amount not to exceed $37,192.21 to furnish and install low voltage/data/CCTV for the Municipal Court Renovation Project, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. D. Ranniger seconded. The motion passed 2-0 with concurrence from E. Albertson. Item No IS: Resource Center Process Update - INFO ONLY Jeff Watling referenced the process indentified at the last Parks meeting to initiate the request to get some feedback on the use of the Resource center by UGM and Kent Hope, as well as homeless issues in the community. Focus groups were initiated with the task of discussing two topics; 1.) Homelessness and 2.) What is the best use for the vacant, city-owned building located on Meeker Street (Resource Center). The focus groups consisted of Kent residents, representation from human services agencies, faith groups, the business community, and neighborhoods in the Mill Creek, North Park, and South Kent areas. Through that process, the city has been getting feedback from a variety of residents in Kent. Jeff wanted to provide some clarification to inaccurate information that the community has been receiving. 1. There is a fact sheet saying that since the city retains the capital asset, the city would make critical repairs to the building. Fact: No commitment has been made. There is no budget for that building. 2. Kent Hope stated that they were selected and won the original RFP in 2011. Fact: None of the four finalists met the financial requirements and no one was selected - no one won. 3. The City of Kent asked Union Gospel Mission and Kent Hope to engage in a public process to get feedback on their request to use the Resource Center building. Fact: The city has not asked that group to initiate a public process. 4. King Five News published a statement saying Union Gospel Mission said this would be the first shelter in Kent. Fact: The city has a men's shelter, a shelter for women of domestic violence, a family shelter, and a severe weather shelter. The first three shelters have been in operation for the past 20+ years. Jeff feels Page 6 that out of respect for many human services agencies and volunteers, it is important to clarify this information. Jeff confirmed with D. Ralph that 40% of the current Human Services budget is spent on a variety of homeless services. Debbie and Dana reaffirmed that City Council has not made a decision on the building, and they are still gathering facts and determining what is best for the city, working with all the stakeholders. Jeff added that staff is committed to being transparent and getting the Council any information needed to make their decision. Jeff acknowledged the great dialogue that this has created on homelessness issues. Debbie complimented the Chamber and the Kent Downtown Partnership for sponsoring a dignified and professional public forum on March 14. Debbie commented on the growing community acknowledgement that we are a big city now and we have big city challenges. She heard from many of the passion for human services in our city and she sees how necessary it to address the homeless issue. She also noted business owner's concern for having a men's shelter in the downtown area. She would like to see the interested residents that attended the forums participate in future collaborations on this homelessness. i Recent Events You Me We The second annual You Me We event was held last month. Kudos to Julie Stangle and the Recreation staff who put on a terrific show. Another 4,000 residents attended the event again this year and over 40 vendors. It was great to see the partnering and integration that has created a very important network and web in the community. D. Ralph thought the event was fantastic with many things for families and kids to do. She was very impressed by the public response to this event. Kent Kids Arts Dav I Another successful event was the Kent Kids Arts Day last weekend at Kent Commons. The meeting adjourned at 6:30 p.m. Recorded by Lori Hogan / transcribed by: reYv Petrdz Teri Petrole Council Committee Secretary Parks and Human Services Committee Page 7 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION