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Home My WebLink AboutCity Council Meeting - Council - Agenda - 03/19/2013 CITY OF KENT ��J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. March 19, 2013 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 March 19, 2013 W>_HI. N Council Chambers Mayor Suzette Cooke Dennis Higgins, President Councilmember Elizabeth Albertson Councilmember Bill Boyce Councilmember Jamie Perry Councilmember Dana Ralph Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************** COUNCIL WORKSHOP AGENDA 5:30 p.m. Item Description Speaker Time 1. Healthcare Becky Fowler 50 minutes ********************************************************************** COUNCIL MEETING AGENDA 7:00 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA A. FROM COUNCIL, ADMINISTRATION, OR STAFF B. FROM THE PUBLIC - Citizens may request that an item be added to the agenda at this time. Please stand or raise your hand to be recognized by the Mayor. 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Legislative Report D. Public Safety Report E. Intergovernmental Report 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - Approve C. 2002 Tacoma Regional Water Bond Repayment Agreement Amendment - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED D. 2010 Tacoma Regional Water Supply Bond Repayment Agreement Amendment — Authorize E. Amway Building, Bill of Sale — Accept F. Public Facility — Illegal Activity Exclusion, Amending Kent City Code 9.02.230, Ordinance — Adopt G. Write-off of Uncollectable Accounts — Authorize H. 2012 Consolidated Annual Performance and Evaluation Report — Approve I. G C Systems, Inc. Contract — Inspection & Rebuild of Hydraulically Controlled Water Valves - Authorize J. Limited Use Agreement with Sprint Communications Company — Authorize S. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Labor Negotiations, RCW 42.30.140(4)(a) 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. 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. 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A) From Council, Administration, or Staff B) From the Public PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Legislative Report D) Public Safety Report E) Intergovernmental Reports 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 J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of March 5, 2013. 7B. Approval of Bills. Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on March 5, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/13 Wire Transfers 5355-5371 $1,729,801.43 1/31/13 Regular Checks 370298-670890 4,010,943.78 Void Checks (4,241.25) 1/31/13 Use Tax Payable 783.49 $5,737,287.45 Approval of payment of the bills received through February 15 and paid on February 15 after auditing by the Operations Committee on March 5, 2013. Approval of checks issued for vouchers: Date Check Numbers Amount 2/15/13 Wire Transfers 5372-5388 $1,774,031.06 2/15/13 Regular Checks 671891-671161 2,350,709.63 Void Checks (0.00) 2/15/13 Use Tax Payable 2,477.78 $4,127,218.47 (continued on back) 7B. Approval of Bills. Approval of checks issued for payroll for February 1 through February 15 and paid on February 20, 2013: Date Check Numbers Amount 2/20/13 Checks 330640-330794 $ 83,843.51 Voids & Reissues 2/20/13 Advices 310147-310777 1,161,431.59 $1,245,275.10 Approval of checks issued for payroll for February 16 through February 28 and paid on March 5, 2013: Date Check Numbers Amount 3/5/13 Checks 330795-330937 $ 78,811.55 Voids & Reissues 3/5/13 Advices 310778-311407 1,159,958.79 $1,238,770.34 • KENT Kent City Council Meeting March 5, 2013 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Council President Higgins, Councilmembers Boyce, Perry, Ralph, and Ranniger. Councilmember Albertson was excused from the meeting. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins proposed an excused absence for Councilmember Albertson be added under Consent Calendar Item J. City Administrator Hodgson removed Consent Calendar Item D due to the fact that it needs to go through the public comment period of 30 days. He also added that there would be no Legislative Report. B. From the Public. No changes were made by the public. PUBLIC COMMUNICATIONS A. Public Recognition. Councilmember Ralph publicly recognized the Parks Department for You, Me, We. She stated that it was a success. Additionally, she stated that the Arts Day was also a success. Councilmember Thomas thanked Tim and the Public Works crew for repairing a stop sign that was destroyed in a timely manner. B. Community Events. None. C. Intergovernmental Report. Council President Higgins discussed the Regional Policy Committee and their last two meetings were postponed. He noted that the Regional Transit Committee met on February 20th and the next meeting is March 20th He also discussed the Mental Illness and Drug Dependency Oversight Board meeting. Councilmember Ralph discussed the Regional Law and Safety Committee where they discussed the 911 call centers. She stated that they are awaiting the third party report. Councilmember Perry noted that her committee meetings were tomorrow. She stated that the Sound Cities Association will be working on a Women's Leadership Group and will report back. Council President Higgins stated that he has been chosen as the Vice Chair of the Regional Transit Committee. PUBLIC HEARING A. Local Improvement District 364 — SE 256th Street Road Improvements, Kent Kanglev Road to 116th Avenue SE. At 7:11 p.m, Mayor Cooke opened the public hearing. 1 Kent City Council Minutes March 5, 2013 Mayor Cooke explained the procedures concerning the public hearing. City Attorney Tom Brubaker highlighted the local improvement district (LID) process and what would be done if the ordinance is adopted by the Council. Mayor Cooke introduced Tim LaPorte, Public Works Director, highlighted the specifics of LID 364 and displayed a map of the concerned area. He noted the specifics of the properties that would be included in the LID. Mr. LaPorte noted that the City staff responded to a Councilmember inquiry concerning how the boundaries were established and stated that it was based on the actual property boundaries. Mark Howlett, Design Engineer Manager, gave an overview of the history of this specific LID and explained why the project has been in consideration for 20 years. He discussed the present conditions of the area and displayed how it would look after construction. He displayed the cost and funding options for the project. Chad Bieren, City Engineer, described the scheduling and the Transportation Improvement Board (TIB) grant option. He displayed the grant sources that the City has pursued to fund this project. He pointed out that a construction agreement must be executed by July 1 or the funding from the TIB grant will be taken from the City. He discussed the public meetings that have taken place, the timeline, and that many questions have been responded to concerning this LID. He communicated that based on a $3,000 assessment on a single family home would pay approximately $200 per year plus interest. Mayor Cooke communicated that the values of the assessment will be given at a later date. She highlighted the rules of the public comment portion of the public hearing. SPEAKERS A. Richard Laboyne, 25403 104th Avenue SE, noted that the school busses will be impacted. He added that there are 250 students that use the busses and 117 who walk the path on a given school day. He stated that the school district sees the value of the LID. He thanked the Council for speaking and is providing this information as an employee of the Kent School District. B. Cabia Bato-Agiuluz, 10940 SE 256th Street, communicated that she understands that improvements need to be made and is opposed to the formation of the LID because the concentration of students and businesses. She felt the levy on the residents is unfair. She said she pays her taxes and the Council should find other resources. She felt it is not fair to demand that she pay for improvements on the street. C. Donna Hsu, 11121 SE 271st Street, stated that she is the president of the Kent Meridian Parent Teacher Student Associations Board. She noted that she was surprised that the area doesn't look like the rest of Kent. She noted that there are classes that start early in the morning and students are walking early in the morning without lights on the street. She added that there are afterschool activities and students walking home at night when it isn't well lit. She is concerned about having 2 Kent City Council Minutes March 5, 2013 students walk home on that road and is in favor of the LID and is speaking for the PTSA. D. Susan Draine, 25441 114th Avenue SE, noted that the neighborhood group has stated by over 60% by petition that they are opposed to this LID. She noted that this will open a thoroughfare in the neighborhood. She stated that the property values have lowered because of the numerous apartments in the area. E. Mary Cross, 16003 SE 258th Street, Covington, stated she owns a property within the boundary of the LID. She stated that there are 307 properties and quite a number won't be assessed. She noted that 224 will be assessed. She communicated that the amount of the assessment will be a lot to ask. She stated that she has communicated with one couple where their combined income is $1,000 per month. She discussed the numbers and to pay 4.5% on a loan isn't a bargain. She stated that the assessments are too high. She stated that the same proposal was done in the past and there was a 66% opposed rating on this. She noted that there was a letter sent from the City that the City dropped it. However, there is a new consideration and it still isn't wanted. She stated that the cost needs to be shared. F. Jeff Boessow, 10601 SE 252nd Street, stated he is opposed of the LID as a means of funding the project. He stated that the reasons have been stated by Mary Cross. G. Jack Etheridge, 25246 11lth Avenue SE, stated that the City staff has done a wonderful job and agrees that the project is needed. He communicated where he lives and said he sees the children and described a situation where a woman and a child were almost struck. He stated that he wasn't sure if the improvements are going to help. However, the area will be nicer and there will be more traffic. He stated the City needs to find a better way to fund the street and is concerned about the increase of traffic and how it will affect the neighborhood. H. James Holm, 5804 218th Avenue East, Lake Tapps, is the executor of property in the area. He is opposed to the LID and stated he is opposed because of the assessments to the property owners. He noted that they shouldn't have to pay for the improvement. He stated that units in the Kent Townhomes will have to be remodeled and their bedrooms will be right next to the streets. He also added that there will be a fee to run the road through his mother in laws home. I. Darla Goodman, 25246 106th Avenue SE, representing the owner of the Hume Investments. She stated that the company is opposed to the project and the type and the cost. However, she agreed that it needs to be improved. She noted that most of the areas are apartments and they have the ability to accommodate an alternate pickup point for the children. Additionally, they have frontage on Kent-Kangley road. She added that one of the points that have been made was to improve the flow of traffic and felt that can't be done because there is a bottleneck at 104th. Improving this won't improve the road; just add more traffic to it. She wondered why the City didn't consider a more economic project. J. Mark Bennett, 11418 SE 254th Place, opposed the project. He noted that one of the children in the photos displayed is his daughter. He felt the City has the resources and 3 Kent City Council Minutes March 5, 2013 there is no reason why this short stretch of road should be neglected and charged to the residents in the immediate area. K. April Rose Nguyen, 9712 S 237th Place, stated she is in favor of the improvements. She stated that she is the sophomore class president and noted that there are students who have to walk home in the dark on gravel roads. She noted that the students are not safe walking home on the road. She stated that there are requirements in the high school for the students to dress up and it is uncomfortable to walk in heels on a gravel road. She concluded that the road isn't safe for high school students as well as elementary students. L. Eduardo Torres, 10935 SE 253rd Place, Apartment 101, communicated that he is in favor of the improvements. He said that he is concerned to walk on the road at night and there are younger kids who walk on the road. He stated that there are two elementary schools near that street and the street isn't safe. He added that there may be traffic jams. However, if the road is improved now no one has to lose their life on this road. M. Margaret Becker, 11450 SE 256th Street, stated she has lived there for 45 years and gave testimony about the number of vehicles going by her house. She said it took 6 minutes for 100 vehicles (dump trucks, 18 wheelers, cars, fuel trucks, etc). She stated that there are other entities that use the street, not a neighborhood street. She wondered if some of the other entities would be charged to use the road. She stated that as a private homeowner her assessment would be over $4,000. She added that the City is taking a part of her property which would cause the traffic to be closer to her house. She felt her taxes would go up and be charged to use the underground utilities. These things need to be taken into consideration she said. N. Forrest Ringdahl, 25405 115th Avenue SE, Kent, discussed the speeds on 254th and how fast people are driving in the area. He noted that drivers are cutting through and making U-turns when they hit the dead end. He stated that home values will go down because of the traffic. Improvements should be made in the local neighborhoods. He stated this is a troubling issue and the values will diminish. He displayed copies of petitions opposing the project. O. Mary Cross, communicated that on Monday she left a packet with the City Clerk and the petitions. She stated that they represent the $1.5 million of the $2.0 million for the project and that is how strong the opposition for the LID is. P. Forrest Ringdahl, inquired about the TIB and asked what triggers the release of project funds to the City. He also inquired about the timeline concerning the award of the project by July 1, 2013. Q. Eric Becker, 11450 SE 256th, inquired why the City was still considering this when there is a petition with 66% opposition. Council President Higgins moved to close the public hearing, seconded by Councilmember Thomas. Motion carried 7-0. 4 Kent City Council Minutes March 5, 2013 Mayor Cooke noted that the public hearing was closed. Tim LaPorte responded to the questions from the public. He noted that the project funds are released when an agreement is executed. He stated that the route is identified as a bike route and it is a parameter in the grant acceptance. He discussed the traffic issue brought forth by the public speakers and stated that to encourage speeds to remain low, the City would implement plantings which would serve as traffic calming. He added that the City has modeled traffic on the site and the three lane solution would be best for the area. He stated that the City has reviewed accident data. He communicated the volume of the traffic and said this isn't intended to be a high traffic roadway when it is completed. Chad Bieren noted that the LID boundary changed from 2009 but the original assessments and the recent assessments total amount did not change. He also noted that additional right-of-ways were required and were completed. He stated this will be built with existing city right of way. Councilmember Ranniger inquired if the TIB required a matching amount from the City. Mr. LaPorte replied that it was conditional on a match and the source of the match isn't required. She further inquired if the grant won't be issued if the City can't come up with the funds. Mr. LaPorte replied that since the City is essentially out of time, the City won't have any other match source to do the project. Councilmember Ranniger confirmed with Mr. LaPorte that the City wouldn't get the grant if it isn't executed by July 1. She also inquired about reducing the number of improvements and Mr. LaPorte stated that following Council direction about the need to slow the traffic down that's why the landscaping is included, the sidewalk and bike lane were included as part of the grant. Mr. LaPorte noted the only option is the two way left turn lane, but it is needed for the safety of the side streets. He stated that the City staff can't recommend a project without these improvements. He noted that the only cost savings would be to move ahead and there might be a reduction based on a vibrant bidding environment. He added that the cost of the project in 2009 was $3 million. Council President Higgins communicated and confirmed with Mr. LaPorte that the 2009 proposal wasn't moved forward because of recession and between that time the City staff actively and aggressively attempted to find ways to obtain grants to fund this project. He also confirmed with Mr. LaPorte that there hasn't been any road improvement project in the City that hasn't been built by an LID. Councilmember Thomas noted that if the City goes beyond July 1 the residents will be faced with being assessed a higher amount to do this project. He also confirmed that if the funds aren't received by the City there won't be a way in the future for the City to obtain grants for this and it will affect the City's standing in the future to obtain grant funding. Councilmember Thomas discussed previous projects in the City that were funded by LIDs. Councilmember Perry inquired about mitigation agreements and Mr. LaPorte highlighted the LIDs that had them. He noted that the last LID, LID 363 has one. She communicated that the project wouldn't be done until 2015 and inquired if the funds 5 Kent City Council Minutes March 5, 2013 needed to be available now and Mr. LaPorte communicated that the TIB has put the City on the contingency list and wants a full funding package. She also asked about the street overlay fund and Mr. Hodgson communicated that the City is already $1 million dollars behind in meeting the funds for this project. He added that this project is not on the B&O list. Councilmember Perry asked if City Attorney Brubaker could respond to the 66% petition. He communicated that the decision to form the LID is a policy action by the Council and it is a different part of the process than the assessment roll. This is a part of the public comment and if it is formed under State Law, property owners, can file written protests to protest the formation after it has been formed. They would have 30 days to file them and if it is more than 60% of the assessment roll, the ordinance is repealed and the formation is unwound and undone. He noted that the letters are included for the Council to consider. Councilmember Thomas inquired if there is a form that citizens can have to ensure their petitions are valid. City Attorney Brubaker communicated that State Law is ambiguous and the State forms don't apply. The City is going to take in the protests that have been issued 30 days after the issuance. The City will confirm the address on the documents with King County and if the total is 60% the LID is divested. Mayor Cooke confirmed that the letters already received wouldn't be included in the petition. City Attorney Brubaker confirmed that the documents received prior to the execution of the ordinance wouldn't be included in the petition. Forrest Ringdahl reiterated the LID and the process. Mr. Brubaker reiterated that if the City executes the ordinance and forms the LID. The protest period will be for 30 days and the signatures will be confirmed with King County. Council President Higgins moved to adopt Ordinance No. 4075, authorizing the formation of Local Improvement District No. 364, SE 256th Street Road Improvements, Kent Kangley Road to 116th Avenue SE, seconded by Councilmember Thomas. Council President Higgins stated that this is one of the hardest things a council- member has to do. He stated that he appreciated everyone who has come to the meeting. He questioned what is fair to the entire City and stated that an LID is how these projects get funded. He stated that every road project over the last 50 years has been funded by an LID and it would be unfair not to move forward to the rest of the City. He noted that there have been past LIDs in other areas who have had to pay their fair share of their own LID and to say no this time would be unfair to the other residents. He added that property values do go up after LIDs and the City staff has tried to secure other funding sources and hasn't. He communicated that he is attempting to be fair to the entire City. He urged the Council to support the LID. 6 Kent City Council Minutes March 5, 2013 Councilmember Boyce thanked the residents for attending the meeting. He concurred with Council President Higgins's comments. He said he travels that road daily and it is a safety hazard. He said he has watched the children walk up and down that road and it needs to be addressed. He said the power is in the people so if the people can divert the ordinance through obtaining the signatures. He supported the ordinance. Councilmember Ranniger thanked the residents for speaking. She stated that the comments made her question how the City is funding projects. She confirmed that the City has funded the road improvements through LIDs and that many of the property owners are on limited incomes. She noted that there is validity in the comments that there are 1,000 vehicles moving through the neighborhood and understands why the residents say there is questionable benefit. She highlighted her inquiry about obtaining other funding sources. Additionally, she stated that the City would be losing $2 million in funding. She felt moving forward doesn't make sense and felt the funding should come from elsewhere. Councilmember Ralph stated that she is supporting the formation of this LID. She stated that the fact that funding sources aren't available is her concern. She highlighted the children and students and said that is a problem when children aren't safe getting to school. She noted the different funding considerations and how the City has pursued them. She added that 71% is coming from grants and 29% comes from the City. She added that most of the road improvements were done through LIDs and those in the past were adopted. Councilmember Perry stated that she felt there is enough protest to stop this. She reviewed the past and recollected that there was a council consensus that LIDs weren't equitable. She communicated that she thought there was an idea from the Council to consider how to "charge" these improvements to the entire City. She discussed mitigation improvements and discussed how they worked in the past with all of the affected residents signing an agreement stating that they would pay for the improvements. She noted that the City just recently passed a B&O tax and there was a list created on what the tax was spent on. If the best use of funds is to use the funds on 256th, then it needs to be done. She said the LID isn't equitable and the City needs to look for future ways to fund these improvements so that the entire City can pay for improvements. She said she is opposed to the motion. A vote was taken on the motion on the table to adopt Ordinance No. 4075, authorizing the formation of Local Improvement District No. 364, SE 256th Street Road Improvements, Kent Kangley Road to 116th Avenue SE. Motion carried 4-2. Councilmembers Ranniger and Perry opposed. CONSENT CALENDAR Council President Higgins moved to remove Item D from the consent calendar, seconded by Councilmember Boyce. Motion carried 6-0. Council President Higgins moved to approve the revised Consent Calendar Items A through I, as amended. Councilmember Boyce seconded. Motion carried 6-0 and the following items were approved: 7 Kent City Council Minutes March 5, 2013 A. Minutes of the workshop and regular Council meeting of February 19, 2013, and special Council meeting of February 11, 2013. B. There were no bills to approve. C. 2013 City Art Plan and Five Year City Art Plan. The 2013 City Art Plan and Five Year Plan for 2013-2017 was approved. E. Fee-in-Lieu Funds. The $129,684.17 in fee-in-lieu funds were accepted and the expenditure of funds in Capital Project budgets was authorized. F. Kina County Youth Sports Facility Grant Aareement for Green Tree Park. The grant from the King County Youth Sports Facilities Program in the amount of $60,000 was accepted, the Mayor was authorized to sign all necessary documents and the expenditure of the funds was approved, subject to final terms and conditions acceptable to the Parks and Human Services Director and the City Attorney. G. 2013-2014 Forterra Contract for Green Kent Partnership. The Mayor was authorized to sign the contract with Forterra for continuation of the Green Kent Partnership from March 2013 through February 2014, subject to final terms and conditions acceptable to the City Attorney and the Parks and Human Services Director. H. Carpinito Watermain Extension, Bill of Sale. The Bill of Sale for the Carpinito Watermain Extension project, permit 2110186 for 1 gate valve, 1 hydrant, and 565 linear feet of waterline was accepted. I. Meridian Valley Creek Enhancements Proiect. The Meridian Valley Creek Enhancements Project was accepted as complete and release of retainage to Terra Dynamics, Inc. upon receipt of standard releases from the state and release of any liens. The original contract amount was $260,828.95. The final contract amount was $181,033.75. ADDED ITEM J. Excused Absence. An excused absence for Councilmember Elizabeth Albertson who was unable to attend the March 5, 2013, meeting. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Higgins reported on the workshop and discussed the gaming discussion and the council retreat on March 8-9. B. Mayor. Mayor Cooke discussed the CDBG allocations and noted that she has been involved in the SR 405/SR 167 Executive Advisory Group with debates on whether HOV lanes would be three person occupancy and hot lanes. She discussed her upcoming meetings. She discussed the Green River Levee vote and stated that it was 8 Kent City Council Minutes March 5, 2013 a unanimous vote in support of the city of Kent Briscoe-Desimone plan. She congratulated the City staff and the businesses. C. Administration. Chief Administrative Officer Hodgson discussed the sale of utility bonds and a $28,000 impact to the City. He said that the City has communicated to the entities that there would be a 15% reduction in those programs and a reduction in the minor home repair program. He noted that there would be no reduction in police programs. He announced that there is an executive session tonight, which should take 30-40 minutes, to discuss labor negotiations and property acquisition, with no action following. D. Economic & Community Development Committee. No report was given. E. Operations Committee. No report was given. F. Parks and Human Services Committee. No report was given. G. Public Safety Committee. No report was given. H. Public Works Committee. No report was given. I. Reaional Fire Authority. No report was given. RECESS At 9:27, Mayor Cooke called for a five minute recess. EXECUTIVE SESSION At 9:32 p.m., Mayor Cooke called the regular meeting back to order and announced that the Council would recess into an Executive Session for forty minutes to discuss property acquisition and labor negotiations, per RCW 42.30.110(1)(b) and RCW 42.30.140 (4)(a), respectively. At 10:12 p.m., Mayor Cooke extended the Executive Session for a period of five minutes. At 10:16 p.m., the Executive Session concluded and the regular meeting reconvened. ADJOURNMENT The meeting adjourned at 10:17 p.m. Ronald F. Moore, MMC City Clerk 9 Z' KENT Kent City Council Workshop March 5, 2013 The meeting was called to order at 5:32 p.m. by Council President Higgins. Councilmembers present: Higgins, Thomas, Boyce, Perry, Ralph, and Ranniger. Gamine — Council President Higgins opened the discussion and noted that the Council would allow public comment and have four total speakers; two for and two against the proposal. He noted that Councilmember Thomas brought forth this item to the Council. Councilmember Thomas asked City Attorney Tom Brubaker to give specifics of the gaming industry in Kent. Mr. Brubaker discussed the two casinos and what their business consisted of. He stated that the City annexed two facilities and they are allowed to operate. He discussed the several types of card rooms and what was allowed in the City of Tukwila for Council President Higgins. Mr. Brubaker continued and stated that the City has the option on what types of casinos it can allow. Councilmember Ralph confirmed that the casinos that were annexed in can move anywhere inside of the annexation area only unless the City changes the regulations. If that is done, the City loses control of what is allowed in City limits and the Gambling Commission would regulate it. He noted that the zoning is confusing and the gambling commission stated that any site that is allowed to have a restaurant and bar can have a gambling facility. Council President Higgins noted that all of the house bank social card rooms are located in the same area and wanted to know how that happened, Mr. Brubaker said he wasn't sure. However, he stated from the Gambling Commission's perspective there is no valid restriction that a City can put on them. However, they need to have a certain number of parking lots, exit doors, etc. Mr. Brubaker explained that utilizing the gambling tax could control the number of casinos a City can have. He added that the industry is struggling and the number has reduced from 96 to 58. He stated that the City could create a gambling zone or restrict the facilities from downtown. Mr. Brubaker confirmed that the Gambling Commission preempts the City's authority on gambling facilities. Mr. Hodgson communicated that the Council has the authority to raise the gambling tax rate. Council President Higgins stated that if the Council creates a gambling zone and if someone locates outside the zone, the City would raise the rate. Mr. Brubaker replied that the gambling commission probably wouldn't respect that type of legislation. Mr. Brubaker communicated Tukwila's legislation and the fact that they raise the rates when another casino moves into their City. Councilmember Boyce asked if the rates go back down when a casino closes, and Mr. Brubaker confirmed that he was correct. Councilmember Boyce asked about revenue numbers and Mr. Hodgson stated that a report he has is for 2010, 11, and of 2012. He said $418K in 2010, $338 in 2011, $335 in 2012. He added that in 12/2012 it was the lowest amount collected ever. Mr. Hodgson communicated that the City gets the tax revenue but one of them is in the panther lake area, so it's tied up with the mitigation funds. 1 Kent City Council Minutes February 5, 2013 Councilmember Boyce said he is concerned with the possible number of casinos that can be in Kent. He commented that he saw them everywhere in Montana. Councilmember Thomas noted that they were everywhere and he doesn't want them in Kent. Mr. Brubaker cautioned the Council that if there was a proliferation of house bank social card businesses and the Council said it wasn't working out, the Council could "turn the switch on" and stop the gambling. He noted that if more applications come in the Gambling Commission is in charge of approving them. Councilmember Thomas stated that he wanted to add criteria 1 in the city of Kent. He stated that the City already has one casino and two grandfathered in. He suggested that the revenue be utilized for roads and all local cities allow gambling. He discussed the negative side and stated that Kent has always been described as a family friendly city. He communicated that this has been a difficult issue for him to bring to the Council and wants the Council's input on this issue. He stated he is neither for nor against allowing more gambling in Kent. He noted that there are representatives from the Great American Casino to speak. Council President Higgins summed up discussion as three options: to move forward with an ordinance to bring to the full council, to discuss the options more, or to not move forward with this item. He stated that in the past the Council stated that they would bring this forward. He added that people in Kent gamble and the City is losing revenue. He said he is open to see how the City can craft an ordinance. Councilmember Boyce said he is open to this and would like to have a process in place to hear from the community. Community input is crucial, he said. Councilmember Perry spoke in favor of the Great American Casino and noted that more won't pop up in the Panther Lake area. She added that there was a survey done and 60% said they didn't want the casino. She suggested a survey be taken again. There isn't an outcry to open another casino she stated. She stated that if the City could fit this into a nice box and have control, she would be more in favor of this. Thus, she said she isn't willing to open up areas of the City to casinos. She noted that the future vision isn't compatible with this. If this is about money, why should we limit the number of them, she added. There is no winning balance she said. Councilmember Ralph stated that she is open to continuing discussion and would like to see numbers from the Police concerning this. She said she was impressed with the safety at the Great American Casino when she toured the facility. She said her first concern is safety. Revenue generation is something the Council needs to look at and she has more of an issue with marijuana establishments. She said she would rather open 10 casinos than one marijuana establishment. She wants numbers about crime increases or decreases concerning casinos. Councilmember Ranninger stated she wants more data from the police department and the correlation between gambling and domestic violence issues. Councilmember Thomas stated that crime issues would occur anywhere. 2 Kent City Council Minutes February 5, 2013 Councilmember Ranniger replied that if the City is doubling the amount of casinos, crime will increase. Councilmember Thomas agreed with limiting the numbers of casinos and in Tukwila the Council cut off all casinos and $2 million in revenue was lost. Then he said the Tukwila residents voted to have them. Councilmember Perry stated that the unknown is if the City allows this, how many more would open. She stated that if there were three more Great American Casinos it would be fine. Councilmember Ralph asked if there was a way for the City to stipulate what the City wanted to see as far as security, etc inside of casinos and Mr. Brubaker stated that it is controlled by the Gambling Commission. He added that the only restrictions that could be imposed is parking, etc. All safety and security are required by the Gambling Commission. Chief Thomas stated that he spoke to Tukwila police and Great American Casino and there hasn't been any criminal impact in either. However, he noted that the Auburn police have to go to the Muckleshoot more than the smaller casinos. PUBLIC COMMENT COMMENTS IN FAVOR Dave Fries, President of the Great American Casino, noted that they have been in the City for 10 years and discussed the declining industry. He communicated that most of the industry is made up of Tribal Casinos. He noted that the numbers have gone down and they pay tax on gross receipts and has lost over a million dollars over the past two years. He stated they would like to move to a different facility and add a restaurant. He noted that Des Moines has a 1% tax rate the first year, 4% the second year and is less than Kent's rate. He noted that both recent surveys had a 60% approval rate from the residents of Panther Lake and Tukwila. He added that they have spent over $100K to upgrade their facility. He noted that the economic decline has affected the casino industry. Council President Higgins confirmed with Mr. Fries that opening up the gaming industry in Kent would harm Great American Casino and added that his 105 employees are based in Tukwila. Mr. Hodgson communicated that Great American Casino sent a letter to reduce their gambling tax rate and it will be brought to the Operations Committee on March 19. Councilmember Boyce suggested allowing them to relocate and getting more information. Chief Administrative Officer Hodgson confirmed that if the City allows them to move it, would open the Gambling Commission to "open the switch," and Council could create an ordinance to raise the tax rate if more come into the City. 3 Kent City Council Minutes February 5, 2013 Councilmember Thomas stated that showing preference to one casino would be very hard to defend in court, Mr. Brubaker agreed. However, he stated that since the industry is hurting there may not be a challenge. He stated that he would work with the Gambling Commission and communicate the City's desire to have them move within the City. Councilmember Thomas inquired if this could be reinvestigated and discussed again when CouncilmemberAlbertson is present. Councilmember Boyce favored having another workshop. Council President Higgins suggested one month out. Discussion continued about the surveys and whether they were concerning opening or closing casinos. Hodgson noted that there should be key points instituted during the retreat concerning where the Council wants to move forward. COMMENTS AGAINST None. Council Retreat. Council President Higgins passed out the Council Retreat agenda and discussed the specifics of the retreat. He noted that it was on Friday from 1-8pm and Saturday from 8 — 3 p.m. at Green River Community College. Councilmember Perry commented that there are some items that will take a significant amount of time and if the healthcare portion could be moved to a workshop. Council President Higgins stated that he didn't have any issues and Hodgson said he would have to confirm if the speakers could be rearranged. The meeting adjourned at 6:36 p.m. Ronald F. Moore, MMC City Clerk 4 Z KENT Agenda Item: Consent Calendar — 7C TO: City Council DATE: March 19, 2013 SUBJECT: 2002 Tacoma Regional Water Bond Repayment Agreement Amendment — Authorize MOTION: Authorize the Mayor to sign an Amendment to the 2002 Regional Water Supply System Repayment Agreement, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The city of Kent is a participant in the Regional Water Supply System with the city of Tacoma, Lakehaven Utility District, and Covington Water District. Capital improvements for the initial phase of the project were completed in 2007 and included the following: • The 34-mile long second supply pipeline • Improvements to the Green River diversion dam and intake facilities • Fisheries and environmental enhancements, including a new fish trap-and-haul facility at the Green River diversion dam • Storage of water behind Howard Hanson Dam • New treatment facilities (disinfection, pH adjustment, fluoridation and ozone) As constructed, the Kent Water Utility obligation for the above improvements totaled $43,177,075. This obligation was financed with a combination of cash contributions, low interest Public Works Trust Fund Loans, and revenue bonds issued through the Regional Water Supply System. The 30-year revenue bonds issued in 2002 have an average annual interest rate of approximately 5% and became callable at the end of December 2012. With current bond interest rates slightly above 3%, there is a desire amongst the Regional Water Supply System Partners to call and re-issue the remaining debt. With this re-issuance, Kent is projected to realize a gross savings of $4,333,000. EXHIBITS: Draft Amendment RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: Action will result in a savings to the water utility. DRAFT—NOT REVIEWED OR APPROVED BY OR ON BEHALF OF ANY PARTY AMENDMENT TO DECEMBER 19, 2002 REPAYMENT AGREEMENT This Amendment amends the Repayment Agreement dated December 19, 2002 by and among the City of Tacoma, Washington ("Tacoma"), the City of Kent, Washington ("Kent"), Covington Water District ("Covington") and Lakehaven Utility District ("Lakehaven," and collectively with Tacoma, Kent and Covington, the "Participants") (the "Agreement") relating to the Regional Water Supply System Revenue Bonds, 2002 (the `Bonds") issued by Tacoma to finance the costs of constructing the Second Supply Project (the "Project"). This Amended Agreement is dated as of 12013. WHEREAS, as set forth in the Agreement, Tacoma, Kent and Covington are responsible for a portion of the debt service on the Bonds. Lakehaven used cash to pay its share of the costs of the Project; and WHEREAS, Tacoma expects to issue bonds to refund all or a portion of the Bonds (the "Refunding Bonds") and it may be in the best interest of Tacoma to extend the maturity of its portion of the Refunding Bonds beyond the maturity of the Bonds; NOW, THEREFORE, the Participants agree as follows: Section 2(g) of the Agreement provides that "Tacoma may in its sole discretion issue bonds that refund the Bonds ("Refunding Bonds") if and only if there is a debt service savings for each maturity of Refunding Bonds (compared to the Bonds and except as necessary to round out maturities to the nearest $5,000) and the final maturity date of the Refunding Bonds is not later than that of the Bonds. In such event, Kent and Covington shall be obligated to provide for the payment of their respective shares of the principal of and interest on those Refunding Bonds, and Schedule A shall be adjusted to reflect the revised debt service schedule for the Refunding Bonds. Refunding Bonds that do not provide the debt service savings with the maturities described above may be issued by Tacoma only with the written approval by both Covington and Kent." If the Refunding Bonds are issued, the portion of the Refunding Bonds that are the responsibility of Kent and Covington will mature in each of the years that the Bonds mature and the final maturity of the Refunding Bonds that are the responsibility of Kent and Covington will not extend beyond the maturity of the Bonds. Tacoma only will issue Refunding Bonds to refund the Bonds that are the responsibility of Kent and Covington if there is a debt service savings. When the Refunding Bonds are sold, Tacoma will provide Kent and Covington a new Schedule A showing their share of debt service of the Refunding Bonds. Tacoma may want to structure the portion of the Refunding Bonds that is Tacoma's responsibility under the Agreement differently than the structure of the Bonds, including extending the final maturity and without debt service savings in each year. Notwithstanding Section 2(g) of the Agreement, Kent and Covington consent to the issuance of the Refunding Bonds with a different structure than the Bonds that represents Tacoma's share of debt service. 1 52720.5 1 DRAFT—NOT REVIEWED OR APPROVED BY OR ON BEHALF OF ANY PARTY Except as provided in this Amended Agreement, all other provisions of the Repayment Agreement and Financing Plan among the Participants for financing the Project shall remain in effect. IN WITNESS WHEREOF, the Participants have duly executed this Amendment to Repayment Agreement on the date first written above. City of Tacoma City of Kent Department of Public Utilities Water Division By: By: Linda McCrea Suzette Cooke Title: Water Superintendent Title: Mayor Approved as to form and legality: Approved as to form and legality: By: By: Bill Fosbre Tom Brubaker Title: Attorney Title: Attorney Covington Water District Lakehaven Utility District By: By: Gwenn Maxfield Title: General Manager Title: President of the Board of Commissioners Approved as to form and legality: Approved as to form and legality: By: By: Eric Frimodt Steve Pritchett Title: Attorney Title: Attorney 2 52720.5 1 Z KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: March 19, 2013 SUBJECT: 2010 Tacoma Regional Water Supply Bond Repayment Agreement Amendment — Authorize MOTION: Authorize the Mayor to sign the Amendment to the 2010 Repayment Agreement for the Tacoma Regional Water Supply System, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Revenue bonds were issued by the Regional Water Supply System Partnership (city of Kent, city of Tacoma, Covington Water District, and Lakehaven Utility District) in 2010 for the construction of the Green River Filtration Facility. As part of the issuance of these bonds, a Filtration Treatment Project Financing Plan and a Repayment Agreement were signed by all of the participants. Since the execution of the Repayment Agreement, Covington Water District has obtained lower cost financing for a portion of their share and has offered to transfer approximately $7.5 million of its bond proceeds to Tacoma. Tacoma would use Covington's proceeds to fund the remainder of its debt and repay Covington. This amendment would not affect Kent; however, as a party to the agreement we are asked to approve the proposal. Another amendment to the agreement deals with Build America Bonds which were issued in 2010. This financing provided a federal subsidy on the interest. During recent federal budget discussions, the idea of eliminating this federal subsidy was raised. When the 2010 Repayment Agreement was written, this change was not foreseen. Therefore, language has been added with this Amendment whereby, should this change come to fruition, each participant would share the additional cost of higher interest payments proportionate to their share of the outstanding debt. EXHIBITS: Amendment RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None AMENDMENT TO AUGUST 24, 2010 REPAYMENT AGREEMENT This Amendment amends the Repayment Agreement dated August 24, 2010 by and among the City of Tacoma, Washington ("Tacoma"), the City of Kent, Washington ("Kent"), Covington Water District ("Covington") and Lakehaven Utility District ("Lakehaven," and collectively with Tacoma, Kent and Covington, the "Participants") relating to the Regional Water Supply System Revenue Bonds, 2010 Series A and Series B (the "Bonds") issued by Tacoma to finance the costs of Phase I of the Filtration Treatment Project (the "Project"). This Amended Agreement is dated as of 12013. WHEREAS pursuant to the Section 8 of the Agreement for the Second Supply Project (the "Project Agreement"), the Project Committee shall be responsible for, among other matters, approving and revising Financing Plans. As provided in Section 11.3.1 of the Project Agreement, Tacoma is required to submit a Financing Plan to the Project Committee, setting forth the purpose, amount, repayment schedule and timing of a proposed issuance of bonds by the Regional Water Supply System; and WHEREAS the Board and Councils of the Participants adopted resolutions or ordinances approving the installation of a filtration treatment system for the Project and their representatives on the Project Committee voted to approve the Filtration Treatment Project Financing Plan. As part of the Financing Plan, the Participants agreed to enter into a Repayment Agreement to elaborate on the payment sections in the Financing Plan and the Project Agreement; and WHEREAS the Repayment Agreement was updated following the issuance of the Bonds to include the amount, types of bonds issued, repayment schedule, and adding the obligation of Kent and Covington related to the issuance of the 2010B Bonds as Build America Bonds to pay interest based on the Bond's interest rate net of the 35% payment to be received from the federal government and detailing Tacoma's rights with respect to Kent and Covington if such 35% payment is received late from the federal government(the "Agreement"); and WHEREAS, as set forth in the Agreement, Tacoma, Kent and Covington are responsible for a portion of the debt service on the Bonds. Lakehaven used cash to pay its share of the costs of the Project. Covington's share of the Bonds was $11,595,000, of which approximately $10,570,000 was to finance the Project and the remainder for costs of issuing the Bonds and funding a reserve for the Bonds; and WHEREAS, Covington has received additional State Revolving Fund loans for the Project and will contribute $7.47 million of loan proceeds to finance a portion of its share of the Project; and WHEREAS, in order to reduce the amount that Tacoma will need to borrow to pay its future share of additional costs of the Project, Tacoma has agreed to use a portion of Covington's share of unspent proceeds from the Bonds for Tacoma's share of the Project and, in return, pay a portion of the principal of and interest on the Bonds that is currently the responsibility of Covington; and WHEREAS this Agreement has been duly authorized by ordinance or resolution of each of the Participants; 1 51266318.13 NOW, THEREFORE,the Participants agree as follows: Once Tacoma issues its Regional Water Supply System Revenue Refunding Bonds, 2013, Tacoma may draw $3 million on the State Revolving Loan that is shared by Covington and Tacoma for the Project. In addition, Tacoma may submit reimbursement forms to Covington for the remaining balance and Covington shall promptly submit the forms to Covington's State Revolving Fund loans for the Project. Tacoma shall use the amounts received under this paragraph to finance the Project. The amount that Covington shall pay Tacoma for its share of the principal of and interest on the Bonds as shown on Schedule A to the Agreement is hereby amended. From and after the date Tacoma receives the $7.47 million as provided in the prior paragraph, Covington shall pay Tacoma for its share of the principal of and interest on the Bonds based on the formula set forth in Schedule A-1. Tacoma, Covington and Kent would be responsible for paying their share of debt service. When the final schedule is calculated based on the formula set forth in Schedule A- 1, the new schedule shall be attached to this Agreement as "Amended Schedule A." The Amended Schedule A shall supersede Schedule A to the Agreement. Tacoma agrees to pay the principal and interest on the Bonds that are no longer the obligations of Covington. Tacoma's increased share will be shown on Amended Schedule A. Schedule A attached to the Agreement includes debt service for the amount of the Bonds that was used to fund the Reserve Account for the Bonds and each party is responsible for the share of debt service used to fund the Reserve Account based on the same percentages as for debt service used to finance the Project. The Amended Schedule A will similarly reflect that the portion representing debt service on the amount used to fund the Reserve Account will reflect the revised percentages owed by Tacoma and Covington for debt service. The security for the Bonds included covenants that Tacoma, Covington and Kent would be responsible for paying their specified share of debt service. Tacoma cannot amend those security provisions without the consent of Bond owners. Covington, therefore, acknowledges that in the event that Tacoma does not pay its increased share of the principal of and interest on the Bonds on or prior to an interest or principal payment date, as shown on Amended Schedule A, Covington will remain obligated to Bond owners to pay such share. If Covington makes a payment in excess of its obligation shown on Amended Schedule A, Covington may request in writing that Tacoma reimburse Covington for such payment or ask that Tacoma apply such excess funds to a future payment. If Covington requests a reimbursement, Tacoma shall pay Covington the reimbursement within 30 days after receipt of such written request. Covington may charge Tacoma interest (based on the rate equal to the current earnings rate on the City's investment pool) from the 31sr day after Tacoma received the written reimbursement request to the date the reimbursement payment is received by Covington, plus any reasonable costs incurred by Covington in pursuing reimbursement. Section 2(b) of the 2010 Repayment Agreement governs federal subsidy payments for the 2010 Bonds that are received late. In light of recent announcements that federal sequestration could reduce all BABs payments made by the federal government to all municipal issuers, Section 2(b) is hereby expanded to provide as follows: If, as a result of sequestration, the federal government does not send Tacoma all or any part of the federal subsidy for interest on the Bonds on or prior to an interest payment date, Covington and Kent shall each be responsible for the additional interest on their share of the portion of the interest on the Bonds equal to the federal 2 51266318.13 subsidy interest payment not received based on the Schedule attached hereto as Schedule A-2. Tacoma shall promptly notify Covington and Kent that the federal subsidy payment was not received in whole or in part and Covington and Kent's share of the payment not received. Upon receipt of said notification from Tacoma, Covington and Kent shall promptly (within 30 days) make additional payment to Tacoma in an amount equal to their share of the federal subsidy amount not received. If Tacoma receives the federal subsidy payment after Covington and/or Kent have made an increased interest payment to replace their respective shares of this federal subsidy payment, Tacoma shall promptly (within 30 days after receipt of the federal subsidy payment) reimburse Covington and Kent for the increased interest payment. Section 2(b) of the 2010 Repayment Agreement allows Tacoma to charge Covington and Kent interest for late payments. Covington and Kent may charge Tacoma interest (based on the rate equal to the current earnings rate on the City's investment pool) from the 31" day after Tacoma received the increased interest payment to the date the reimbursement payment is received by Covington or Kent respectively, plus any reasonable costs incurred by Covington or Kent in pursuing reimbursement. Tacoma (or its agent) shall provide to Covington and Kent copies of all 8038- CP forms submitted to the IRS at the time of, or promptly following, each submittal. The Bond proceeds were used to fund the Project, pay costs of issuing the Bonds and make a deposit to the Reserve Account. To the extent that the Bond proceeds in the Reserve Account are not required to remain in the Reserve Account under the terms of the ordinances authorizing outstanding RWSS Bonds, Tacoma shall deposit the excess amount in the Reserve Account into the debt service fund and use the funds to pay debt service on the Bonds. Tacoma, Kent and Covington shall be credited for such debt service payment from the excess Reserve Account money in the same percentages shown on Amended Schedule A. Except as provided in this Amended Agreement, all other provisions of the Repayment Agreement and Financing Plan among the Participants for financing the Project shall remain in effect. This Agreement may be executed in counterparts, and each shall be considered an original when the signature of each party has been obtained. 3 51266318.13 IN WITNESS WHEREOF, the Participants have duly executed this Amendment to Repayment Agreement on the date first written above. City of Tacoma City of Kent Department of Public Utilities Water Division By: By: Linda McCrea Suzette Cooke Title: Water Superintendent Title: Mayor Approved as to form and legality: Approved as to form and legality: By: By: Bill Fosbre Tom Brubaker Title: Attorney Title: Attorney Covington Water District Lakehaven Utility District By: By: Gwenn Maxfield Title: General Manager Title: President of the Board of Commissioners Approved as to form and legality: Approved as to form and legality: By: By: Eric Frimodt Steve Pritchett Title: Attorney Title: Attorney 4 51266318.13 AMENDED SCHEDULE A [To be added on Effective Date] 51266318.13 SCHEDULE A-1 On the effective date of this Agreement, A. Dashen & Associates and SDM Advisors as financial advisor to RWSS (or such other party as mutually agreed to), shall provide to both parties their best estimate of the yields that the RWSS Bonds would receive based on market conditions for that date and the maturity dates for the portion of Bonds being transferred. If such estimated yields are higher than the corresponding yields on the Bonds taking into account costs of issuance, then Covington's share of the debt service on the Bonds will be reduced by the debt service on the $7.47 million transferred to Tacoma plus debt service on the related costs of issuance and reserve account. If such estimated yields are lower than the corresponding yields on the Bonds taking into account costs of issuance, then Tacoma will receive a discount on the debt service paid, with the discount established to compensate for the estimated lower yield. In no case shall the resulting debt service to Tacoma from this transfer be higher than if Tacoma had not entered into this Agreement and issued the bonds with corresponding maturity dates on the effective date of this Agreement. An example of the calculation is on the following page: 51266318.13 k \ \ \ \ ` t - ° } \{ \ / mN ml �2 } \ \ \\ \\ \ \ \ \ \\ / \ \ \ � � \ L d � N L m V v Q Cj a v o T � � v 0 c u o v o m o n c c m o � ' o ' � E o- m s v s u m — o 0 0 ooi o 0 Sri �i o �i of h O O s O c c o m a ti -Z m io ri of oa E n E to m m n c°1i c 'S a ` ni ni rci rso aKi �6 � V ur cn yr +n c c -a � m o co co o m ai m co s i c ro m o SCHEDULE A-2 51266318.13 Ang9,2010 6J9pm Pmpaeed by Cldgcn,Global Markets Inc Pnge8 BOND DEBT SERVICE City ofle nn,WasMngten 20109edes B(Kent) Pednd Ending, Pvineipal C.""en 2ntelest Debt Secviee 12/012011 54U1759 549,21759 12/01/212 432,640.66 432,644.06 12Nt2013 432,644,06 432,614,06 12101'0111 432,644.06 432,64406 12/012015 432,644.06 432,64406 12/012016 112,64406 432,644,06 12G012017 432,644.06 432,64406 1'201/2018 432,6,1406 432,64406 12/01/2,019 432,64406 432,64406 I2/01/2020 43264406 432,644.06 12/01/2021 432,64406 432,644.06 12/01/2022 4-,2,644-06 412,64406 12/0122023 432,64406 •112,644-06 12/012024 432,(,44.06 132,644,06 12101/202) 370,000 5371% 4i2,64406 802,644,06 12,01,2M, 383pe0 5371'% 412,7/136 797,77136 12/012027 400,900 5371'% 392,093.00 7Y2,09200 12/012028 410.000 5311V, 370,609,00 780,609.00 1M1,2029 425,900 5311% 348,507.90 773,58790 12/01/2030 440,000 5371"/o 325,461.16 765,761.16 12/01/2031 455,000 6621% 302,128,76 757,12976 12,012032 470,000 5621% 216,55320 746,553-0 12,01/2033 490,100 5621% 250,134.50 040,13450 12,01,2034 505,000 5(12M, 222,591,60 727,591 60 12,01,2035 525,000 5621% 194,205.56 719,20556 12/011no% 545,000 5621% Ib4,69530 209,695.30 1201/2037 565,000 S.621% 134060,86 699,060,86 12/01/2038 585,000 5.621% 102,10220 697,302,20 12,01120311 no l000 5.621% 69,41936 694,419.36 12,01/2040 630,000 S.621% i5,41230 66S,41230 7,805,000 10,207,160 49 1 R 012 560.49 51266718.13 Aug 9,2010 6,19 P.N,,,,�d by Ca......GMA Markets 111a_ Page 12 NET DEBT SERVICE Cy 41aco.,WA,i,ton 2010 Series B(Kent) Period 'I.W 35%Te,al Ending DrbtSe,,e NAB,S,Asidy 120//2010 , 12/01/2011 549,21'/59 -192,226 16 12/0120/2 432,644 06 151425.42 121012013 432,644.06 -151,425.42 1210MO14 432,64406 -151,42542 ll✓OI/1015 432,64406 -15J 42542 12/012016 432,(W 06 -151,42542 12/0V2019 432,64406 -151,425,42 12/01/2014 432,644.06 151,425 42 12✓01/2019 432,64406 -151,42542 12/012020 432,644.06 -151,425 42 lDOV2021 432,64406 -151,425,42 1L01/2022 432,64406 151,425 42 12/OIM23 432,64406 -151,42542 INOI2Y24 432,644.06 -151,42542 IVOI/2025 802,64406 -151,42542 12/012026 797,71136 144,469.98 12/)1/2024 192,09300 -137232.36 12/OI2128 M,609-00 -129,713.16 1210IM29 773,58790 -122,005.76 12/012030 765,76116 114,016,40 12/012031 757,129,76 -105,145,06 IVOW032 746,553.20 96,993.62 12/01/2033 940,13A.50 -87,54709 J210120311 729$91,60 =11,90706 12/01/205 719,20556 61,971,94 12101/2036 709,695,30 157,643 36 12✓Ol/203'1 699,060.86 -46,92140 12/012038 687,3(1220 -35,80598 12NI2039 674,41936 -24296,18 12/01/1040 665,41230 -12,19430 18,017,560 49 3,572,646 18 51266218.13 Aug 9,2010 6,19pm P,,a d by Gtigroup Global Makes luc Yege9 BOND DEED SIDV10E cu,Df raoolufl,W,Au,m, 2010 Salty 11 BNMugh u) Pe1'lal Ending Prinolpel Cm4+on Interest Dehl Service 12 01/2011 827,366,71 827,366,71 12/012012 651,754,96 651,75496 12,01/2013 651,754.96 651]54,96 12/01/2014 651 154.96 651,754,96 12/01/2011 651,754,96 65 1,754 96 1"012016 651,754,96 61,714,96 JI012017 651,754,96 651,754,96 12/01/2018 651,75496 651,754,96 12/012019 651,754.91 651,754,96 12/011010 651,754,96 651,754% 12/012021 65175496 651,754,% 12/012022 65 1,754 96 651,754,96 11/012023 611,754,96 611,75496 11/01/2014 651,754.96 651,754,96 12,01Q025 651,754,96 651,7S496 12/01/2026 651,754,96 651,75496 12/012027 651,754.96 651,754,1E 12/012028 651,754.96 651,754% 12/01/8029 651,75496 651,75496 12/012030 651,95496 651,9549E 12/012031 651,75496 651,754,96 12/01/2032 651,754.96 651,7549E 12,012033 1,271,000 5621% 651,754.96 1,920,754,96 12/01/2034 132Q000 5L21% 480,08920 1,900,08920 12/01/2035 1,370,000 5,621% 505,890,00 1875,89000 12/0120/6 192000 5,621% 428,88230 1,848,882,30 12/012037 1,470,00 5.621% 3,19,064,10 I,R19,OE4.10 12/012036 I,525,000 5,621% 266,435,40 1,791,435A0 12/01/2039 1,580.000 5.611% J8M15 16 1,760,715,16 12/01/2040 1,635000 5621% 91,90336 1,726,90336 II595,000 I7,56S,95335 29,163,95335 5126678.13 A1,99,2010 6.19 pm peeparee by Citig,,Global Marke6li, Fag,13 ' NGl'D<''.t3'P SE2VICN tryofe a,Wam0n 2010 Sorwiu B((ovingtogton) H,td, 'roNl 3,5% ub,WF Sliding llebt Serviee [iAHS Subsidy 12/012 0 1 0 12101r2M11 827,36631 289578.3.5 12/012012 651,754,96 -229,114.24 12J01/2013 651,75496 -228,114 24 12/O1/2014 651,754,96 -228,11424 12/OMOIS 651,964.96 -228,114.24 12/012016 651,754,96 -228,114,24 12101/2017 651,95496 279,11424 12/01YO18 M1,95496 -228,11424 12101M9 651,754.96 -228,11424 12/01/2020 651,234 96 -229,11424 12/032021 651,754,96 -223,11424 12/01/2022 651,754.96 228,11424 1VO112023 65LJ5496 228,11424 12/OI2024 651,b4.96 -228,11424 12/012025 651,754 96 -298,114 24 12/0/2026 651,754,96 -228,11424 12/01/2027 651,75496 228,114.24 12/012028 651;154.96 -228,11424 12/0/2029 651,h4 96 =228,114,24 12/01/2030 651,754.96 -228,114,24 12/01/2031 651,754.96 -228,114,14 12/OI/2032 651;134.96 -228,11424 12/012033 1,926,754.96 -228,114,24 12/012034 1,900,08720 203,03092 12/O1/2035 1,875,890 00 -177,061,50 11/01/2036 1,848,88E 30 -15Q108 80 12/0112037 1,819,064.10 -122,122,44 12/01/2038 1,791,435,40 -93,252,40 12/01/2039 1,760,71516 63,2 50 30 12/01/1040 1,726903,36 32,16618 29,163953 35 6,149,113 77 5126678.13 Z KENT Agenda Item: Consent Calendar - 7E TO: City Council DATE: March 19, 2013 SUBJECT: Amway Building, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Amway Building project, Permit No. 2111618, for 1 hydrant and 43 linear feet of waterline. SUMMARY: The Amway Building project is located at 7250 South 228th Street; parcel #8834800090. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT 40 6 ATTN: Jim Ausburn \447 Ic F-14 220 — 4T" AVENUE SOUTH KENT W A S H I N G T Q " KENT, WASHINGTON 98032 '.. Project: Amway Building Expansion CITY OF KENT Permit #: CNST-,2111618CC/RFCC-2111618 Location: 7250 S 228" Street Parcel #: 8834800090 "GAINE'ERING PFPT BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 18th day of January 2013 , by and between Medina Fund One LLC, c/o O'Keefe Companies PO Box 20399 Seattle WA 98102, hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of gate valves at $ each, 1 hydrants at $ 25 093,00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc,) South 228th Street Along with linear feet of 2-inch (size &type) domestic service waterline at $12,717.00. B. SANITARY SEWERS: - Not applicable Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size & type) sewerline. Bill of Sale Iof5 C. NEW STREETS: Not applicable 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). D. FRONTAGE IMPROVEMENTS: Not applicable Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size & type) (Improvement). E. STORM SEWERS: Not applicable Together with a total of manholes at $ each or total of catch basins at $ each, LF of biofiltration swale or drainage ditch with a total cost of $ cubic feet of detention pond storage with a total cost of $ and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size & type) sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that It has the right to sell the same aforesaid; that It will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale Is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2 of 5 IN WITN�EjSS WHEREOF, the undersigned has caused this instrument to be executed on this `b day of 7 20 L 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 ayk- day 20 before me, the undersigned f�-PJQtary Public in n� ff the State of Washington, duly commissioned and sworn, personally appeared !�//�I� — </) 75 �-- to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that e/' he 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 li dayefL13 . � 1 , }rr!!!lOiFFy��A Notary Public 1 a d for the State c Washington, re ding at My Commission Expires: T Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and to me to be the and respectively of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written, Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 WA S H I N G T d N Bill of Sale 4of5 i ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Amway Building Expansion project dated October 18, 2011 , for the same said Amway Building Expansion project. Ali Sadr, P.E. the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of Barghausen Consulting Engineers, Inc., the firm responsible for the preparation of the record drawings. PLI SAD 24661 NA4 (Engineer stamp required) I Bill of Sale 5 of 5 Z KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: March 19, 2013 SUBJECT: Public Facility — Illegal Activity Exclusion, Amending Kent City Code 9.02.230, Ordinance — Adopt MOTION: Adopt Ordinance No. amending Chapter 9.02.230 of the Kent City Code, entitled, "Public Facility — Illegal activity — Exclusion," adding to the list of activities that warrant exclusion, and defining and identifying public facility assemblages to which exclusion orders apply. SUMMARY: On May 18, 2010, the Kent City Council adopted Ordinance No. 3955, which provided an exclusion process, separate and distinct from any criminal or civil prosecution that may be pursued due to an individual's conduct while at an identified public facility. This ordinance permitted only police officers to issue the exclusion notices, and appointed the Director of the city's Parks, Recreation, and Community Services Department as the hearing officer to whom all requests for hearing to modify or rescind an exclusion order shall be submitted. This ordinance adds to the list of activities that warrant exclusion, and defines and identifies public facility assemblages to which exclusion orders apply, resulting in exclusion from all public facilities within a geographically related grouping. It also provides conditions for which an offending individual may be excluded from a public facility or public facility assemblage for a period of up to three hundred sixty-four (364) days from the date of the exclusion notice for repeat offenders, or exclusion for a period of three hundred sixty-four (364) days from all public facilities for repeat offenders who partake in prohibited activities at multiple public facilities not within the same assemblage. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee BUDGET IMPACTS: None ORDINANCE NO. AN ORDINANCE of the city council of the city of Kent, Washington, amending section 9.02.230, Kent City Code, concerning exclusion from public facilities for illegal activity. RECITALS A. On May 18, 2010, the Kent city council adopted Ordinance No. 3955, which provided an exclusion process, separate and distinct from any criminal or civil prosecution, that may be pursued due to an individual's conduct while at an identified public facility. This ordinance permitted only police officers to issue the exclusion notices, and appointed the Director of the city's Parks, Recreation, and Community Services Department as the Hearing Officer to whom all requests for hearing to modify or rescind an exclusion order shall be submitted. B. This ordinance adds to the list of activities that warrant exclusion, and defines and identifies public facility assemblages to which exclusion orders apply, resulting in exclusion from all public facilities within a geographically related grouping. It also provides conditions for which an offending individual maybe be excluded from a public facility or public facility assemblage for a period of up to three hundred sixty-four (364) days from the date of the exclusion notice, for repeat offenders, or 1 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance exclusion for a period of three hundred sixty-four (364) days from all public facilities for repeat offenders who partake in prohibited activities at multiple public facilities not within the same assemblage. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 9.02.230 of the Kent City Code is amended as follows: Sec. 9.02.230 Public facility - Illegal activity - Exclusion. A. The city council finds that, from time to time, the right of the general public to enjoy public facilities provided by the city is infringed upon by persons who engage in disruptive, unsafe, or otherwise prohibited activity at the public facilities. This behavior is often engaged in by a comparatively small number of repeat offenders. The city council further finds that the right of persons who engage in such activities to remain at or frequent public facilities is outweighed by the right of law-abiding citizens to use such facilities without the interference or fear of the illegal activity of others. B. Whenever a police officer has probable cause to believe that a person has committed any act set forth in subsection (F) of this section on or at any public facility as described in subsection (G) of this section, the officer may, by written order, exclude that person from entering the public facility where the act was committed.-; provided, further, that if the public facility where the act was committed is part of a public facility assemblage 2 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance as described in subsection (H) of this section, the officer may, by written order, exclude that person from entering all public facilities within that assemblage. C. If the offender: 1. Has not been issued an exclusion notice within one year prior to the violation or the current violation is not a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the eitypublic facility or public facility assemblage in which the current violation occurred for a period of forty-five (45) days from the date of the exclusion notice. 2. Has been issued an exclusion notice within the one (1) year prior to the current violation or the current violation is a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence, then the officer may exclude the offender from the e" ublic facility or public facility assemblage in which the current violation occurred for a period of ninety (90) days from the date of the exclusion notice. 3. Has been issued two (2) or more exclusion notices from the same public facility or public facility assemblage in which the current violation has occurred within the one (1) year prior to the current violation, then the officer may exclude the offender from the public facility or public facility assemblage in which the current violation occurred for a period of three hundred sixty-four (364) days from the date of the exclusion notice. 4. Has been issued two (2) or more exclusion notices within the one (1) year prior to the current violation and, in combination, the current violation and those prior violations did not occur at the same public facility 3 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance or within the same public facility assemblage, or if the offender has been issued one (1) exclusion notice based on a felony violation, a weapon violation, or a violation involving an act of violence or threat of violence within the one (1) year prior to the current violation, then the officer may exclude the offender from all public facilities for a period of three hundred sixty-four (364) days from the date of the exclusion notice. D. The exclusion notice shall be in writing and shall contain the date of issuance, shall specify the duration and location of exclusion, and shall be signed by the issuing officer. A warning of the consequences for failure to comply with the exclusion notice, as well as procedures for seeking review of the exclusion, shall be contained within the exclusion notice. E. The person subject to the exclusion notice shall have the right to a hearing to seek the modification or rescission of the exclusion. For the purposes of exclusion modification or rescission hearings, the city's hearing officer shall be the city of Kent's director of parks, recreation, and community services or his/her designee, or the person acting in the position of the director or designee in his/her absence. 1. A request for hearing shall be in writing and shall be accompanied by a copy of the exclusion notice for which the hearing is sought. The request shall contain the address of the offender, and it shall be the responsibility of the offender to notify the hearing officer of any change of address. The hearing shall occur and a decision be rendered within ten (10) business days after the city's hearing officer receives the request for hearing. Notice of the hearing shall be effective upon the third business day after placement of the notice in the mail to the address provided by the offender. 4 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance 2. The parties to the hearing shall be the city and the offender. At the hearing, the violation that forms the basis for the exclusion notice must be proved by a preponderance of the evidence in order to uphold the exclusion. The offender need not be charged with a crime or civil infraction in a court of law, and need not be convicted or found to have committed the alleged violation in a court of law for the exclusion to be upheld. The city's hearing officer shall consider the exclusion notice and a sworn report or a declaration made under penalty of perjury as authorized by RCW 9A.72.085, written by the police officer who issued the exclusion notice, without further evidentiary foundation. Both the city and the offender may submit physical or written evidence, or call witnesses to testify. The city's hearing officer may consider information and evidence that would not be admissible in a court of law under the evidence rules but which the hearing officer considers relevant and trustworthy. Each party shall be responsible for securing the attendance of any witnesses it intends to call to testify. 3. If the violation is proved, the exclusion notice shall be upheld; however, upon good cause shown, the city's hearing officer may shorten the duration of the exclusion. If the violation is not proved by a preponderance of the evidence the city's hearing officer shall rescind the exclusion. If an exclusion is rescinded, it shall not be considered a prior exclusion for the purposes of subsection (C) of this section. 4. The decision of the city's hearing officer is final. An offender seeking judicial review of a decision of the city's hearing officer shall file an appeal or an application for a writ of review in the King County superior court within fourteen (14) days of the date of the decision. 5. The exclusion shall remain effective during the pendency of any administrative or judicial proceeding. 5 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance 6. The determination of the city's hearing officer shall not have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of those same facts in a subsequent criminal prosecution or civil proceeding. F. An act which may result in the issuance of a written order excluding a person from a public facility or public facility assemblage may consist of any of the following when committed on or at a the-public facility: 1. Any act that qualifies as a felony crime; 2. Any act that qualifies as a gross misdemeanor or misdemeanor crime, excluding all traffic offenses except for violations of RCW 46.61.500, 46.61.502, 46.61.503, 46.61.504, and 46.61.525; 3. Any act that qualifies as a violation of RCW 66.44.100; 4. Any act that qualifies as a violation of: a. KCC 4.01.020 Same - Damaging property. b. KCC 4.01.030 Same - Animals. C. KCC 4.01.040 Same - Discharging weapons, fireworks. d. KCC 4.01.080 Prohibited activities - Speed limits, vehicles, and horses. e. KCC 4.01.100 Same - Littering. 6 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance f. KCC 4.01.120 Same - Fires. g. KCC 4.01.130 Same - Alcoholic beverages. h. KCC 4.01.140 Same - Golf. i. KCC 4.01.150 Use of facilities. j. KCC 4.01.160 Hours. k. KCC 4.01.190 Sales of refreshments. I. KCC 4.01.210 Traffic regulations. s 5. Any act that qualifies as a violation of KCC 9.02.190.A.3 Urinating in public. G. For the purpose of this section, a public facility consists of the buildings, structures, and equipment, and the adjoining grounds, appurtenances, and parking areas of any of the following when located within the city of Kent: 1. Any building maintained or operated by the city of Kent, King County, or the state of Washington. 7 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance 2. Any park maintained by the city of Kent, King County, or the state of Washington. 3. Any recreational area maintained by the city of Kent, King County, or the state of Washington, including but not limited to any skateboard park, the Kent Commons, the Kent Senior Activity Center, the Kent Resource Center, the Riverbend Golf Complex, the Green River Trail, the Green River Natural Resources Area, and the Interurban Trail. 4. The city's ShoWare Center, located at 625 W. James Street. 5. The bodies of water known as Lake Meridian and Lake Fenwick and associated boat ramps and areas of ingress and egress. 6. Any public school maintained by the City of Kent, the Kent School District, King County, or the state of Washington. 7. The watershed areas owned and operated by the city of Kent, including Armstrong Springs, Clark Springs, and Kent Springs. S. Any public library or pool maintained by the city of Kent, King County, or the state of Washington. H. For the purpose of this section, a public facility assemblage consists of a group of public facilities so related to one another geographically that exclusion from one public facility within the group would be ineffective without exclusion from the other or others in the same group. A violation occurring at any public facility within a public facility assemblage shall be deemed to have occurred within the public facility assemblage. Public facility assemblages include the following: 8 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance 1. Downtown public facility assemblage, consisting of Town Square Plaza, Burlington Green/Yangzhou Park, Kaibara Park, Kherson Park, Mill Creek Canyon Earthworks Park, Rosebed Park, Titus Railroad Park, Uplands Playfield, and the Kent Library. ++I. The violation of an exclusion notice is a misdemeanor. SECTION 2, - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and the same shall maintain its full force and effect. SECTION 3, - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4, - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK 9 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12013. APPROVED: day of 12013. PUBLISHED: day of 12013. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Civility-Amend 9.02.230.Docx 10 Amend Section 9.02.230 Public Facility-Illegal Activity Exclusion-Ordinance Z KENT Agenda Item: Consent Calendar - 7G TO: City Council DATE: March 19, 2013 SUBJECT: Write-off of Uncollectable Accounts- Authorize MOTION: Authorize the write-off of uncollectible accounts totaling $48,069.62. SUMMARY: Administration recommends that the City Council authorize the write-off of uncollectable accounts that are in bankruptcy or have passed the six-year collection period or are otherwise uncollectable. The accounts to be written off are listed below with the reason for the write-off: Misc. Accounts Receivable write-off - $28,323.23 The accounts receivable balance as of 11/30/12 was $2,388,521.82 and the requested write-off represents 1.32% of the balance. City Council's approval will also include the write-off of $3025.64 in finance charges on these accounts. Police Department write-off - $855.13 The attorney's office has requested the write-off of $855.13 in towing and storage charges. Fire Permits write-offs - $3,698.11 The total includes fire permits from 2006 - 2010 in collections, businesses closed, and in bankruptcy. Kiva - Permit write-off - $7,924.42 These permits have reached their six-year statute of limitations. Utility Billing write-offs - $7,268.73 These write-offs include one account that has reached its six-year limit and the balances of the accounts are in bankruptcy. EXHIBITS: None RECOMMENDED BY: Operations Committee BUDGET IMPACTS: There is not a budget impact. These accounts have already been fully reserved as doubtful accounts and are not included in the net accounts receivable amount. Z KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: March 19, 2013 SUBJECT: 2012 Consolidated Annual Performance and Evaluation Report - Approve MOTION: Approve the 2012 Consolidated Annual Performance and Evaluation Report and authorize the Mayor to submit the report to the U.S. Department of Housing and Urban Development. SUMMARY: The 2012 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 other activities executed by the City. EXHIBITS: 2012 Consolidated Annual Performance and Evaluation Report (CAPER) RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: None I III .. ........ All CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 2012 City of Kent Submitted to: US DEPARTMENT OF HOUSING & URBAN DEVELOPMENT Office of Community Planning and Development Seattle Federal Office Building 909 First Avenue, Suite 300 Seattle, WA 98104-1000 Prepared by: CITY OF KENT Parks, Recreation & Community Services Department Housing and Human Services Division 220 Fourth Avenue South Kent, WA 98032 March 2013 Page ii �mm m ��o��n��ovu��\1� � KENT WASMIHOTON CITY OF KENT Suzette Cooke, Mayor John Hodgson, Chief Administrative Officer Jeff Watling, Parks, Recreation & Community Services Director Katherin Johnson, Housing & Human Services Manager CITY COUNCIL Dennis Higgins, Council President Elizabeth Albertson Bill Boyce Jamie Perry Dana Ralph Deborah Ranniger Les Thomas HUMAN SERVICES COMMISSION Oriana Pon, Commission Chair Deborah Ranniger, City Council Member Alina Amkhavong, Commissioner Gina Bellisario, Commissioner Bill Hallerman, Commissioner Michael Heinisch, Commissioner Stewart Kunzelman David Ott, Commissioner Wade Schwartz, Commissioner Ted Schwarz, Commissioner LEAD STAFF Dinah R. Wilson, CDBG Coordinator Page iii This page intentionally left blank Page iv w NN��/ TABLE OF CONTENTS .............................................................................................................................................................................................................................................................................................................. I.EXECUTIVE SUMMARY........................................................................................................................1 STRATEGIES AND OBJECTIVES.......................................................................................................1 FUNDING DECISIONS..........................................................................................................................4 2012 CDBG PROJECTS...................................................................................................................4 II. GENERAL NARRATIVE.......................................................................................................................S A. ASSESSMENT OF OBJECTIVES AND STRATEGIES............................................................S Decent Housing Strategies..........................................................................................................S Suitable Living Environment Strategies............................Error! Bookmark not defined. Economic Opportunities Strategies .....................................................................................11 B. AFFIRMATIVELY FURTHER FAIR HOUSING:WHAT ACTIVITIES WERE TAKEN 12 C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES............................................ 13 D. CONTINUUM OF CARE...........................................................................................................16 E. LEVERAGING RESOURCES....................................................................................................1B F. CITIZEN COMMENTS..............................................................................................................1B G. LEAD-BASED PAINT COMPLIANCE...................................................................................1B H. SUB-RECIPIENT MONITORING AND TRAINING............................................................ 19 I. SELF-EVALUATION.................................................................................................................19 III: CDBG PROGRAM NARRATIVE....................................................................................................21 A. 2012 CDBG PROJECTS...........................................................................................................21 B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES,NATIONAL OBJECTIVE AND ONE YEAR ACTION PLAN.....................................................................22 Page v C. PROGRAM OBJECTIVE CHANGES.......................................................................................23 D. EFFORTS ASSESSMENT: ONE YEAR ACTION PLAN......................................................23 E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION, REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW RELOCATION WAS ACCOMPLISHED.................................................................................26 F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY LOW/MODERATE-INCOME PERSONS..............................................................................26 G. REPORT REGARDING LOAN REPAYMENTS ...................................................................26 CONCLUSION...........................................................................................................................................26 ATTACHMENTS...................................................................................................................................... 32 ATTACHMENT A 2012 COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATIONS... 35 ATTACHMENT B 2012 GENERAL FUND ALLOCATIONS........................................................... 3B ATTACHMENT C PUBLIC NOTICE....................................................................................................41 ATTACHMENT D CLERK'S COVER LETTER, CERTIFICATION AND PORTION OF CITY COUNCIL MINUTES...............................................................................................................................44 IDISREPORTS ........................................................................................................................................4B 1. CDBG FINANCIAL SUMMARY REPORT - PR26................................................pages 1-2 2. CDBG ACTIVITY SUMMARY REPORT (GPR) PR03.......................................pages 1-23 Page vi I. EXECUTIVE SUMMARY .............................................................................................................................................................................................................................................................................................................. As a prerequisite for receiving Community Development Block Grant (CDBG) funding, the City of Kent (hereinafter referred to as the City) developed a Five-Year Consolidated Plan for Housing and Community Development for the period of 2008 — 2012. Each year the City executes specific actions to implement the Strategies and Objectives of the Consolidated Plan; actions are outlined in the Annual Action Plan. The purpose of this report, which is called the Consolidated Annual Performance and Evaluation Report (CAPER), is to inform the U.S. Department of Housing and Urban Development (HUD) and the community of the activities and accomplishments derived from the investment of CDBG and other resources for the 2012 program year, which covers the period January 1, 2012 to December 31, 2012. In 2012, HUD allocated $714,398 in CDBG funds to the City. (An additional $828,643 in funds allocated from the City's General Fund budget was used in conjunction with CDBG funds to provide for a wide range of human services and affordable housing needs.) The City successfully executed the activities outlined in the 2012 Action Plan by investing its CDBG funds in the following activities: public services, rehabilitation, micro-enterprise assistance, and human services planning and administration. Because the City is cognizant that collaboration allows for visionary planning and comprehensive development of services that respond to the needs of City residents and the regional community, staff worked closely with regional municipalities, King County, state government, United Way of King County, and other non-profit organizations to build a strong community safety net. STRATEGIES AND OBJECTIVES The City Strategies and Objectives of the Consolidated Plan are as follows: DECENT HOUSING STRATEGIES Objective 1: Enhance availability of decent housing for low/moderate-income residents ♦ Strategies a) Work with public, private and non-private partners to increase funding and leverage resources to increase access to affordable housing b) Invest in programs that help maintain the existing stock of affordable housing Page 1 c) Invest in programs that support the ability of homeowners to stay in their own homes d) Encourage local incentives for developers to create affordable housing Objective 2: Invest in services and facilities that prevent homelessness and ensure that service-enriched services are provided when homelessness occurs ♦ Strategies a) Actively support regional and sub-regional efforts to provide a coordinated continuum of housing and services for the homeless that meet the needs of Kent and South King county residents b) Support a variety of appropriate options for individuals with special needs c) Support efforts to move people from shelters and transitional housing to permanent housing when appropriate d) Support human services programs that address the needs of homeless persons SUITABLE LIVING ENVIRONMENT STRATEGIES Objective 1: Enhance a suitable living environment. ♦ Strategies a) Increase inclusion of immigrants and refugees and people of color in the life of the Kent community by supporting efforts to leverage resources and increase access to services for immigrants and refugees b) Invest funds in programs that are located in neighborhoods with a large number of low-income residents c) Support collaboration between human services agencies to achieve efficiency, co-location of services, and reduction in human services costs d) Support programs that enhance or increase culturally appropriate and culturally specific services Objective 2: Create a community that supports healthy individuals and families. Page 2 ♦ Strategies a) Support programs that encourage healthy lifestyle behaviors, including helping children maintain healthy body weight b) Increase accessibility to recreational opportunities by encouraging the location of programs in neighborhoods and neighborhood centers c) Enhance access to low-cost medical services for low/moderate- income individuals ECONOMIC OPPORTUNITIES STRATEGIES Objective 1: Increase employment opportunities for low/moderate- income persons and the long-term unemployed. ♦ Strategies a) Encourage and promote employment opportunities for all residents, including youth b) Support programs that remove or decrease barriers to education and employment for low-income individuals c) Support training and counseling programs that teach people how to start and expand small businesses such as micro-enterprises that employ five or less employees, one of whom owns the business d) Support job readiness and job retraining programs e) Encourage services that support employees in maintaining or advancing their employment opportunities including, but not limited to, transportation and childcare Objective 2: Promote financial well-being. ♦ Strategies a) Fund programs that educate residents on how to manage money and establish good credit b) Support programs that teach residents how to avoid the pitfalls of predatory lending practices c) Support the financial literacy education to promote and sustain homeownership Page 3 FUNDING DECISIONS The City's ten-member Human Services Commission (the Commission also includes a non-voting City Council member), a citizen's advisory body to the City Council, reviews the human service issues of the Kent community on an ongoing basis and recommends funding allocations based on the current needs. In 2012, the City funded two (2) capital projects and five (5) public services projects. The reminder of the City CDBG allocation was applied to Planning and Administration (P & A) activities. Examples of P & A activities include staff support to the Kent Cultural Diversity Initiative Group (KC-DIG), environmental review oversight, and education and outreach to affirmatively further fair housing. The following is a list of 2012 funded projects: 2012 CDBG PROJECTS PROJECT NAME ACTIVITY CDBG ALLOCATION Catholic Community Funds used to provide shelter and case $10,177 Services: Katherine's management services to homeless, single women House who resided in Kent prior to their homelessness City of Kent: Home Rehabilitation: Funds used to rehabilitate housing $441,858 Repair Program that is owned and occupied by low/moderate- income families residing in the City of Kent City of Kent: Planning & P & A: Funds used to administer the City of Kent $142,880 Administration CDBG projects and engage in planning activities Health Point: Healthcare Public Services: Funds used to provide primary care $ 10,177 for the Homeless and nursing services to homeless adults and children who reside in transitional shelters-services also available at the Kent Community Health Center Multi-Service Center: Public Services: Funds used to provide housing $ 50,812 Housing Stability stability grants which are used to prevent eviction Refugee Women's Public Services: Funds used to provide case $ 15,483 Alliance: Case management and emergency assistance housing Management and and utility grants to immigrants and refugees Emergency Assistance residing in Kent Washington CASH: Kent Micro-enterprise: Funds used to provide business $ 22,500 Micro-enterprise training and business development services to Initiative low/moderate-income women, people with disabilities and other under-served individuals YWCA: Anita Public Services: Funds used to provide transitional $20,511 Vista Transitional shelter and case management services to domestic Housing I violence survivors TOTAL: $714,398 Page 4 11. GENERAL NARRATIVE A. ASSESSMENT OF OBJECTIVES AND STRATEGIES DECENT HOUSING STRATEGIES Objective 1: Enhance availability of decent housing for low/moderate-income residents. The following initiatives were instrumental in helping the City execute strategies to obtain Objective 1: ♦ Strategies a) Work with public, private and non-private partners to increase funding and leverage resources to increase access to affordable housing • Participated in the King County Housing Development Group; this group met to discuss new projects or funding sources that were available for homeless services within King County • Participated in the South King County Human Services Planners Group; this group collaborated together to ensure that funding was available for vital human services programs • Wrote a Letter in Support of Habitat for Humanity's application to the Washington State Attorney General's Office for National Mortgage Settlement Funds to stabilize neighborhoods and ameliorate the effects of foreclosures in the Puget Sound region b) Invest in programs that help to maintain the existing stock of affordable housing • Allocated $441,858 in CDBG funds to the Home Repair Program to support the existing level of homeownership in Kent • Conducted a performance audit and client satisfaction survey to evaluate the effectiveness of the Home Repair Program • Worked regionally to improve home repair policies by participating on regional policy committees c) Invest in programs that support the ability of homeowners to stay in their own homes Page • Continued to actively enforce code provisions requiring mobile home park owners to submit a relocation report and plan to the Human Services Division prior to issuing eviction notices to tenants who must relocate due to closure, change of use, or a zoning re-designation • Allocated $50,812 in CDBG funds to the Multi-Service Center to provide housing stability grants to low-income families to prevent eviction d) Encourage local incentives for developers to create affordable housing • Staff consulted with affordable housing planners on local incentives to encourage developers to create affordable housing. Objective 2: Invest in services and facilities that prevent homelessness and ensure that service-enriched services are provided when homelessness occurs The following actions were implemented to help the City execute Objective 2: ♦ Strategies a) Actively support regional and sub-regional efforts to provide a coordinated continuum of housing and services for the homeless that meet the needs of Kent and South King county residents • Continued staff support to the Committee to End Homelessness • Staff participated in the regional Notice of Funding Availability (NOFA) process to bring state, county, and philanthropic funds directly to our city supporting homeless services and local agencies • Staff worked with organizations and funders to bring a winter shelter for homeless women to Kent • Participated in grant review committees that made recommendations for funding to affordable housing and other programs that prevent homelessness • Staff participated in the South King County Forum on Homelessness (SKCFH); the SKCFH is an organization supported by SKC service providers which promotes networking and the coordination of activities to end homelessness • Staff participated in the Seattle/King County Coalition on Homelessness Board of Directors Page 6 b) Support a variety of appropriate options for individuals with special needs • Allocated $65,000 in General Funds to DAWN to support the Domestic Violence Continuum of Services • Allocated $20,511 in CDBG funds to the YWCA to provide transitional and case management services to homeless domestic violence survivors and their children c) Support efforts to move people from shelters and transitional housing to permanent housing when appropriate • South King County (SKC) service providers, representatives of local government, and funders continued to implement the South King County Response to Homelessness: A Call for Action; the SKC plan includes strategies designed to address the unique issues creating homelessness in SKC and is guided by the King County Plan to End Homelessness, which supports efforts to move people from shelters and transitional housing to permanent housing when appropriate • Participated in grant review committees that recommended funding to housing programs that move people from shelters and transitional housing to permanent housing when appropriate • Allocated $10,000 to Jewish Family Services Immigrant/Refugee Service Centers to provide case management services to formally homeless families living at Appian Way Apartments-the program focuses on achieving family stability, self-sufficiency, and success in permanent housing d) Support human services programs that address the needs of homeless persons • Allocated $10,177 in CDBG funds to Catholic Community Services to support a shelter for homeless women with chemical addictions, while providing case management to help them gain self-sufficiency, end homelessness and maintain sobriety • Allocated $47,500 in General Funds to Catholic Community Services to support Homeless Service Programs • Allocated $10,000 in General Funds to Watson Manor, a transitional housing program for adolescent teenagers and their children Page 7 • Allocated $10,177 in CDBG funds to Health Point, Healthcare for the Homeless Project, to provide primary care and nursing services to homeless families and individuals living in transitional housing • Allocated $10,000 in General Funds to Intercommunity Mercy Housing, Homeless Case Management SUITABLE LIVING ENVIRONMENT STRATEGIES Objective 1: Enhance a Suitable Living Environment The following actions were taken under strategies that the City used to achieve Objective 1: ♦ Strategies a) Increase inclusion of immigrants and refugees and people of color in the life of the Kent community by supporting efforts to leverage resources and increase access to services for immigrants and refugees • Continued to provide technical assistance and community linkages to non-profits that provide assistance to immigrants and refugees who reside in Kent; this included researching and providing information to the Kent Cultural Diversity Initiative Group (KC-DIG consists of service providers and community members who have cultural and language-specific expertise working with immigrants and refugees) on foundations that issue grants to support organizations that specialize in advocating and working on issues that impact refugees and immigrants. • Consulted with funders about strategies to increase resources to ethnic-based community organizations • Staff facilitated Preserving and the Strengthening Specialized Community Organizations Group (PSSCOs); PSSCOs was organized to develop a strategy for contributing to the long- term viability of small and emerging organizations that specialize in providing human services to Kent immigrant and refugee communities. • Collaborated with KC-DIG and partnered with Communities in Schools-Kent to develop an Immigrant/Refugee Human Services Resource Guide Page 8 • Provided staff support to KC-DIG ; the group meets monthly and works toward influencing policy, enhancing collaboration, leveraging resources, developing a closer relationship with the City of Kent, and serving as a resource within the community • Staff participated in the King County Mobility Coalition Refugee and Immigrant Elders Transportation Sub-committee • Wrote a Letter in Support of the Refugee Women's Alliance (ReWA) proposal to Head Start to provide home visiting services to Somali, Bhutanese and Burmese refugee and immigrant children (from birth to three) and their families • Staff participated in the King County Funders Committee; this Committee meets monthly and focuses on two issues: (1) alignment of local funding; and (2) advocacy for racial and social justice in philanthropy • Staff participated on the Refugee Forum of King County b) Invest funds in programs that are located in neighborhoods with a large number of low-income residents • Allocated $15,000 in General Funds to Kent Youth and Family Service Head Start and Early Childhood Education and Assistance Program (ECEAP) Preschool Programs c) Support collaboration between human services agencies to achieve efficiency, co-location of services, and reduction in human services costs • Continued staff support to organizations sharing space in the Alliance Center, a one-stop facility for human services programs located in Kent. • Facilitated linkages between established agencies and newly formed non-profits/grassroots agencies • Staff participated in an exploratory committee to develop resources to site a Multi-cultural Resource Community Center d) Support programs that enhance or increase culturally appropriate and culturally specific services. • Allocated $15,483 in CDBG funds to Refugee Women's Alliance's Emergency Assistance Program to provide case management and emergency assistance housing and utility grants to immigrants and refugees residing in Kent Page 9 • Allocated $10,000 in General Funds to the Ukrainian Community Center to assist refugee families in overcoming barriers to self- sufficiency by providing immediate assistance to families through advocacy and case management Objective 2: Create a community that supports healthy individuals and families. The following actions were taken under strategies that the City used to achieve Objective 2: ♦ Strategies a) Support programs that encourage healthy lifestyle behaviors, including helping children maintain healthy body weight • Allocated General Funds in the amount of $70,000 to Kent Food Bank and Emergency Services to provide emergency food bags and emergency assistance to needy individuals and families residing in Kent • Provided scholarships available to residents with limited resources who wish to participate in recreational activities • Continued consultation with Kent Pool staff on best practices for serving immigrant and refugee swimmers at the bi-monthly "Women Only" swim for women who for religious/cultural reasons prefer a segregated swim b) Increase accessibility to recreational opportunities by encouraging the location of programs in neighborhoods and neighborhood centers. c) Enhance access to low-cost medical services for low/moderate- income individuals • Allocated $45,000 in General Funds to Health Point to provide primary medical and dental services to low/moderate-income individuals • Allocated $15,143 in General Funds to the Seattle-King County Department of Public Health — South King County Mobile Medical Program • Home Repair Program staff distributed English and Spanish versions of the Healthy Home Informational booklets to Kent households; the booklet provides tips on how to create and maintain a healthy and safe home Page 10 ECONOMIC OPPORTUNITIES STRATEGIES Objective 1: Increase employment opportunities for low/moderate- income persons and the long-term unemployed The following actions were taken under strategies that the City used to achieve Objective 1: ♦ Strategies a) Encourage and promote employment opportunities for all residents, including youth. • Continued to partner with Evergreen Community Development Corporation, a non-profit certified by the Small Business Administration to make 504 loans, by writing support letters for existing and new businesses seeking loans to purchase their own real estate. When local businesses own their own property, this leads to business stability • Encouraged redevelopment/investment in low/moderate-income neighborhoods through the use of the New Market tax Credits b) Support programs that remove or decrease barriers to education and employment for low-income individuals. • Facilitated collaboration between manufacturing businesses and the Kent School District on youth job training and/or internship programs by helping to mitigate insurance/risk concerns • Participated in the Community Center for Education Results (CCER) which works with communities and organizations in South Seattle and South King County to increase student achievement from early education through college c) Support training and counseling programs that teach people how to start and expand small businesses such as micro-enterprises that employ five or less employees, one of whom owns the business • Allocated $22,500 in CDBG funds to Washington CASH to provide business training and loan fund services for low-income women, people with disabilities and other under-served individuals to develop new micro-enterprise businesses d) Support job readiness and job retraining programs. Page 11 • Allocated $35,000 in General Funds to Washington Women's Employment and Education (WWEE) to provide computer training and a job readiness class to low-income Kent residents e) Encourage services that support employees in maintaining or advancing their employment opportunities including, but not limited to, transportation and childcare. • Allocated $26,000 in General Funds to Child Care Resources to provide childcare vouchers to low/moderate-income families who work or pursue education to enhance their job opportunities • Participated on the King County Mobility Coalition Accessible Transportation Coalition and worked with the Sub-committee on Outreach and Under-served populations to increase access to transportation services Objective 2: Promote financial well-being. The following actions were taken under strategies that the City used to achieve Objective 2: ♦ Strategies a) Fund programs that educate residents on how to manage money and establish good credit b) Support programs that teach residents how to avoid the pitfalls of predatory lending practices. • The Human Services Office provided education materials on how to avoid predatory lending c) Support financial literacy education to promote and sustain homeownership • Distributed fair housing materials at community events and during training provided to landlords B. AFFIRMATIVELY FURTHER FAIR HOUSING:WHAT ACTIVITIES WERE TAKEN The City continues to monitor compliance with the Fair Housing Act and to respond appropriately to alleged violations; complaints are referred to the Washington State Human Rights Commission for resolution. In 2004, the City hired a consultant to complete its first Analysis of Page 12 Impediments to Fair Housing Choice (AI) as a direct entitlement City. The AI was completed in 2005. The Fair Housing Consultant identified three impediments and made two recommendations which fall under the City's authority. The two recommendations were: • Expand current education and outreach efforts; and • Target homeownership and lending marketing to African American and Hispanic households. The following actions were taken by the City to implement the Fair Housing Consultant's recommendations and to affirmatively further fair housing: • The City continued to implement recommendations from the AI to Fair Housing Choice report. One of the recommendations of the AI was to target homeownership and lending marketing to African American and Hispanic households. Habitat for Humanity, the contractor the City partnered with on the Neighborhood Stabilization Program grant, has a history of targeting these populations. • The City used NSP funds to purchase and rehabilitate three foreclosed homes that were sold to income-eligible homebuyers of African descent who were on the Habitat for Humanity waitlist for large homes. • The City provided access to a Fair Housing pamphlet entitled Fair Housing — Its Your Right via its website. • Staff distributed fair housing informational materials at City- sponsored crime prevention training and resource fairs. During the summer of 2012, the Puget Sound Regional Council convened several meetings to discuss creation of a plan to develop a regional AI in partnership with several counties and cities. The City supports this new approach and will pursue a regional AI when it updates its AI to Fair Housing Choice in 2013. C. EVALUATION OF AFFORDABLE HOUSING OBJECTIVES As noted in the 2008 — 2012 City of Kent Consolidated Plan, the City of Kent's comprehensive plan is consistent with the Countywide Planning Policies that include guidelines to support housing affordability. The Countywide Planning Policies require that all jurisdictions "provide for a diversity of housing types to meet a variety of needs and provide for housing opportunities for all economic segments of the population." The policies further call on all jurisdictions to participate in an Page 13 equitable distribution of low-income and affordable housing throughout the County. The City adopted a range of strategies to encourage affordable housing and to remove barriers to affordable housing development. This report highlights the following strategies: • Maintaining the existing stock of affordable housing; • Increasing housing stabilization for those who are at risk of becoming homeless; and • New funds for affordable housing Maintaining Existing Stock of Affordable Housing Home Repair Program The City of Kent has an existing stock of smaller, older, and more affordable homes. Most are located adjacent to the downtown core. The City preserved this housing through the Home Repair Program and other investments. In addition to preserving housing, the City's investment averted the expenditure of new development costs on the same location. Neighborhood Stabilization Program Neighborhood Stabilization Program funds were provided by the federal government to strengthen communities with a high number of foreclosures and abandoned properties. NSP funds also helped the City to maintain the existing stock of affordable housing because homes were sold to low/moderate-income eligible families who received zero interest loans. Mortgage payments are entered into a fund that will allow Habitat for Humanity to purchase additional affordable housing. In addition, a fifteen-year covenant of affordability was signed by each homebuyer. Units Preserved Through City of Kent Home Repair Program City of IKeirnt„ IHorne Repair IPirogiraran INew Households Assisted:: :9.08 Outcoirrtne/OlWectiive„ Enhanced accessibility to decent housing by providing rehabilitation assistance and health and safety repairs to 108 lowlmoderate-income Kent households Page 14 TABLE 3B: ANNUAL HOUSING COMPLETION GOALS Resources used during 2012 wwwAnn ual._ _ Actual CDBG HOME E HOP WA Expected Number s Number Completed G Completed .._AP8 hd 4lALAELFtlRl7ABLEHtl4l�'SPBSm..._.............................................................................................................. ........................ GOALS (SEC, 215) Homeless Households 10 so X Von-homeless households Special Needs Households ANNUAL AFFORDABLE RENTAL HOUSING GOALS (SEC, 215) Acquisition of existing units ❑ Production of new units Rehabilitation of existing units Rental Assistance Total sec.. 1:1,5 Affordable Rentall ANNUAL AFFORDABLE OWNER HOUSING GOALS (SEC, 215) Acquisition of existing units Production of new units Rehabilitation of existing units 75 1,08 X Homebuyer Assistance Total sec.. 1:1,5 Affordable Owner ANNUAL AFFORDABLE HOUSING GOALS (SEC, 215) Acquisition of existing units Production of new units Rehabilitation of existing units Homebuyer Assistance Total sec.. 21,5 Affordable Housing ANNUAL HOUSING GOALS Annual Rental Housing Goall Annual Owner Housing Goal "l'otall Annual Housing Goal a 1,58 X ...................................................................................................................................................................................................................................................................................................................................... Page 15 Increasing Housing Stabilization for Those Who are Homeless or at Risk of Becoming Homeless Multi-Service Center Housing Stability Program The number of Kent residents who experienced financial emergencies that placed them at risk for eviction increased. Through the Housing Stability Program, residents secured needed funds to avoid homelessness. Housing Stability Provided to Individuals Who Were Homeless or at Risk of Becoming Homeless 2012 2012 Persons Projected to Assist: 39 Persons Actually Assisted: 33 2012 Outcome/Objective Addressed the need to sustain Multi-Service Center Housing a suitable living environment Stability Program assisted 33 and prevent homelessness by individuals. providing housing stability grants to low/moderate- income individuals in Kent. New or Level Funds for Affordable Housing - 2012 Low-Income and Homeless Housing Surcharges This measure temporarily increased the surcharge on document recording fees for local homeless housing and assistance from $30 to $40 through June 30, 2015. D. CONTINUUM OF CARE The City of Kent participates regionally with the Seattle/King County Continuum of Care for the application and distribution of HUD funds for homeless programs through McKinney funds, Emergency Shelter Grant (ESG) and HOME funds. In addition to regional participation, the City takes action on its own to support a continuum of services for homeless individuals. Page 16 In 2012, the City supported a number of programs that provided assistance to homeless persons and persons requiring supportive housing. Support for these programs came from a combination of City General Fund and CDBG resources. Included were: 0 Catholic Community Services: homeless service programs 0 City of Kent Housing & Human Services Division - resource & referral services, including bus tickets, and client advocacy/referrals 0 Health Point: Healthcare for the Homeless - nursing services to homeless individuals residing in transitional and domestic violence shelters located in the Kent area 0 Catholic Community Services: Katherine's House Program - shelter and case management services to homeless, single women who resided in Kent prior to their homelessness 0 DAWN: Domestic Violence Shelter Program - DV continuum of services 0 Home Repair Program - grants for health and safety-related repairs for low/moderate-income homeowners 0 Intercommunity Mercy Housing - homeless case management 0 Jewish Family Services: Immigrant/Refugee Service Centers - case management services to formally homeless families in Appian Way Apartments 0 Kent Food Bank - emergency financial assistance and food bags 0 Kent Youth and Family Services Watson Manor - transitional housing for parenting teens 0 King County Sexual Assault & Resource Center - services provided to sexual assault survivors 0 Multi-service Center Emergency Assistance - emergency assistance to low-income Kent individuals and families 0 Multi-service Center Housing Continuum Services - emergency shelter services, transitional housing services, rent assistance, and homeless prevention services for Kent residents 0 Multi-service Center Housing Stability - grants to prevent eviction 0 Refugee Women's Alliance - linguistically/culturally appropriate case management and emergency assistance grants to immigrants and refugees 0 Seattle-King County Department of Public Health - healthcare for homeless persons via the South King County Mobile Medical Program 0 YWCA - transitional shelter and case management services for domestic violence survivors Page 17 E. LEVERAGING RESOURCES In 2012, CDBG funds were used in conjunction with $828,643 in local funds to address human services needs. Community agencies report that for every $1 provided by the City of Kent, another $7 is leveraged. Community agencies receive the balance of their funding from other federal agencies, the State of Washington, King County, local municipalities, United Way and other charitable giving campaigns, foundations, private donations and fundraising. Because of the economic recession, funding reductions at federal, state, and local levels continue to seriously impact the stability of the human services system. F. CITIZEN COMMENTS Citizens received a 30-day period to review and comment on the CAPER. Notices were provided via the following mechanisms: • A Public Notice was posted on the City of Kent website on Friday, February 1, 2013. A link to the website was provided to non-profits, South King County Planners, and stakeholders in the Kent area. In addition, a link to the electronic notice was provided to participants of the Kent Cultural Diversity Initiative Group and other organizations that have contacts with ethnic/racial minorities, non-English speaking persons, and people with disabilities. • A copy of the Public Notice and the CAPER were posted in the Housing and Human Services office and at City Hall. In addition, citizens were invited to provide comments at a public hearing held at the Kent Human Services Commission meeting on February 21, 2013. Public comments were as follows: (complete after public comment period) G. LEAD-BASED PAINT COMPLIANCE The following actions were taken by the City to evaluate and reduce the number of housing units containing lead-based paint hazards: As a general rule, rehabilitation work conducted by Home Repair Program staff does not disturb painted surfaces; and consequently, the City meets the lead-based paint exemption pursuant to 24 CFR 35.115(a)(8). The City determines and documents this exemption. Page 18 Home Repair staff used the Lead-Safe Housing Rule Checklist for General Compliance Documentation as a guide to verify compliance with lead-based paint rules; a Lead-Safe Housing Rule Applicability Form was completed on every Home Repair client. H. SUB-RECIPIENT MONITORING AND TRAINING The CDBG Program Coordinator monitored CDBG-funded programs throughout the year by reviewing quarterly reports, meeting with program staff on an as-needed basis, and consulting by telephone with programs to address issues that needed clarification. While most issues were resolved satisfactorily, when appropriate programs were informed that the failure to comply with contractual requirements and regulations could result in remedial actions and/or the termination of funding. The City conducts periodic site visits. Site visits provide an opportunity for staff to congratulate programs on successes, to provide technical assistance on challenging issues, and to issue findings if programs are found non-compliant. I. SELF-EVALUATION The preponderance of CDBG and human services expenditures were used to support the wide continuum of services that are essential to the Kent community and the South King County region. The City met its requirements for housing development and affordable housing pursuant to the King County Growth Management Planning Policies adopted by the region in 1993. The City's ten-member Human Services Commission, a citizen's advisory body to the City Council, reviews the human service issues of the Kent community on an ongoing basis and recommends funding allocations based on the urgent needs, along with an eye toward self- reliance and prevention. Significant issues that the Human Services Division/CDBG program faced in 2012 included the following: • High unemployment; • Increased poverty; . An increase in the Kent population due to annexation and the number of new arrivals moving to Kent; . An increase in the need for emergency services such as food assistance, utility assistance, housing assistance, etc. . A decrease in funding available to non-profits serving Kent residents; Page 19 • Loss and temporary closing of human service organizations due to decrease in or lack of funding; • Cuts to CDBG and other federal programs due to cuts implemented by the United States Congress; . An increase in the need for transportation assistance; and • More demand than the available supply of affordable housing. CITY'S RESPONSE TO ISSUES The City's response to these issues included the following initiatives: • Continued staff support to regional efforts to end homelessness; • The City of Kent Human Services Commission convened a taskforce on homelessness; • Opened a shelter during extremely cold weather; • Awarded General Funds to Seattle-King County Department of Public Health for a mobile medical van for the homeless; • Continued to provide emergency food bags, bus tickets, and clothing to walk-in residents; • Staff participated in a funders' group to identify resources and opportunities for collaboration between small and ethnic-based organizations; • Continued staff support to the Kent Cultural Diversity Initiative Group; • Staff participated in a taskforce to explore identifying resources for a multicultural resource center, which would include shared space for ethnic-based organizations; • Awarded General Funds to Jewish Family Services for Refugee/Immigrant Employment services; • Allocated CDBG funds to Refugee Women's Alliance for case management and emergency assistance; and • Allocated General Funds to the Ukrainian Community Center to assist refugee families in overcoming barriers to self-sufficiency by providing immediate assistance to families through advocacy and case management. Page 20 III: CDBG PROGRAM NARRATIVE .............................................................................................................................................................................................................................................................................................................. A. 2012 CDBG PROJECTS The City of Kent supports housing and human services agencies with funds for on-going programming; e.g., feeding programs, medical services, housing stability; etc., through its CDBG entitlement. It is the City's policy to support human service programs that meet one of the City of Kent's funding priorities. A total of $714,398 in CDBG funds was awarded in 2012. The following organizations were supported by the CDBG Program (a complete list of agencies supported by the City's CDBG and General Fund is attached): Capital Projects' Rehabilitation • City of Kent: Home Repair Program-$441,858 Funds used to rehabilitate housing that is owned and occupied by low/moderate-income families residing in the City of Kent Micro-enterorise Assistance • Washington CASH: Kent Micro-Enterprise Initiative-$22,500 Funds used to provide business training and business development services to low/moderate-income women, people with disabilities and other under-served individuals. Public Services • Catholic Community Services: Katherine's House-$10,177 Funds used to provide shelter and case management services to homeless, single women who resided in Kent prior to their homelessness • Health Point: $10,177 Funds used to provide nursing services to homeless adults and children who resided in transitional shelters; services also provided at the Kent Community Health Center • Multi-service Center: Housing Stability-$50,812 Funds used to provide housing stability grants to low-income or homeless individuals to prevent eviction 1 Funding was approved by City Council on November 2, 2010. Page 21 • Refugee Women's Alliance: Case Management and Emergency Assistance-$15,483 Funds used to provide linguistically/culturally appropriate case management and emergency assistance to immigrants and refugees residing in Kent • YWCA: Transitional Housing-$20,511 Funds used to provide transitional shelter and case management services to domestic violence survivors Planning and Administration • City of Kent: Parks, Recreation and Community Services Department, Housing and Human Service-$142,880 Funds used to administer City of Kent CDBG projects and to engage in planning activities .............................................................................................................................................................................................................................................................................................................. B. RELATIONSHIP ASSESSMENT: CONSOLIDATED PLAN PRIORITIES, NATIONAL OBJECTIVE AND ONE YEAR ACTION PLAN Process for Determining Which Organizations Receive Funds CDBG funds and the $828,643 allocated from the City's General Fund provide the foundation for the City's efforts in public services-related funded. The combined funds are allocated by the City Council based on recommendations made by the Kent Human Services Commission. The Commission reviews the data from a number of assessments, demographic reports and plans to develop priorities for funding, and then calls for applications from the community. Applications for capital-related needs are also sought from human services agencies; e.g., renovation of office or counseling space, projects to acquire/preserve affordable housing, acquisition or property to build a health facility for low/moderate-income patients, etc. Only CDBG funds may be expended on capital projects. After a screening process, the City employs the following three-prong analysis to determine which programs receive CDBG funding: (1) Does the service or need fall within a City of Kent funding priority2; (2) 2The five (5) funding priorities are: • Meeting Community Basics; • Increasing Self-reliance; Page 22 Is the service or need an eligible activity; and (3) Does the service or need meet a national objective? The three national objectives are activities benefiting low/moderate-income persons, activities which aid in preventing or eliminating slums or blight, or activities meeting community development needs that have a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources do not exist to meet such needs. In 2012, all CDBG funds were used exclusively to meet the national objective of benefiting low/moderate-income persons. CDBG Program Funding Cap Rules governing the CDBG program place a fifteen percent (15%) cap on the amount of funds that may be allocated for public services; the City expended the maximum amount. For planning and administration, the City spent twenty percent (20%) of its total CDBG allocation, which is the full maximum that is allowed. C. PROGRAM OBJECTIVE CHANGES Program objectives were not modified in 2012. D. EFFORTS ASSESSMENT: ONE YEAR ACTION PLAN A majority of CDBG public service funded projects met or exceeded the performance measures required by contract. Table 3A shows the objectives/outcomes for 2012 CDBG-funded projects. • Strengthening Children and Families; • Building a Safer Community; and • Improving Health and Well-Being. Page 23 9 N y y d` E 00 o� o� o� o� o� N O• O O Ln E O O CO O C G) O N O 'r .i .i .i O. U A A O. U A A A A C_ 0 Od V V A Y } V 2: F Y rL M Q V N M O O 0 C_ W o + o £ a N Q V a J N Q m N F a 3: V 2: T F O. W T y U x > V m O x W O N N J Y oN Y oN Q Z o W Z 0 W Q m S W O W C U L Q LL L V t C C M N m m y m U C C V V C N > > > W N W > (V J a Y V V 0 y C V m {A A W W W U ry OV {� G. W au O u H 9 C V L 9 C C O N 0 W 0 m O vOi � L V ] V C U Z CLU a C c 0 O m O �O m O 'V ry O E O 0 E L WZ� L m L O L v W t EW En Em E ` EL H y m Q LL z � z z � z w LL z � z F • WM Vl v y m u 9 (7 u 9 (7 o C 0] G C m a U) OLL uV U) OLL uV W m o� W �J m O -O yo {A • � W W m O - J E .W E W O O i vmi L T W U m W m 0 m W > O y L - m " m u ` �' O a y - U V W E 0 .. C d W N T� W m L 'yO- C m V Vi J 'V T O U U W O W N m L V V E L O V W C N m O C V U W E w m °_� 10 w L W L E W - '° 0 3 E v 10 W E > E 3 E v m E W � m E o�.- o L y L ] O W U C E O E L m \ E Y L C VWi W C a W O W L V O V E 3i S L L 0 L O W V W Y L i 0 it o 0 it 9 Y Y y N a O u. E O N O 0. U A m Y U Q V U) N V N Q a 3 X O W t� L N A YO N N U � y W C U 0 � Q. c0 O C C Y W V O ._ 6 N Z O C i • O � N • L 9 (7 O � 0 V1 LL V • � C W U • y �n � W a D O S W L V i Z' o O1m vy v • Vo V V C E W - O C m E O O _c y 0 L C E W Y V O d C �A V_ J O � E. EXPLANATION REGARDING ACTIVITIES INVOLVING ACQUISITION, REHABILITATION, OR DEMOLITION OF OCCUPIED REAL PROPERTY AND HOW RELOCATION WAS ACCOMPLISHED No CDBG or City funds were expended for activities that required relocation actions in 2012. F. ECONOMIC DEVELOPMENT ACTIVITIES WHERE JOBS WERE NOT TAKEN BY LOW/MODERATE-INCOME PERSONS No economic development activities were undertaken involving the creation/retention of jobs. G. REPORT REGARDING LOAN REPAYMENTS The City did not use CDBG funds to enter into loans. CONCLUSION ....................................................................................................................................................................................................................................................................................................................................... The City and its funded programs successfully met the needs of the Kent Community in 2012. The community worked collaboratively to make strategic community investments, leverage resources and to respond to ongoing and emerging human services issues. Effective collaboration was even more critical in a year of significant funding cuts. CDBG funds, local funds, and funds from other governmental entities were critical in protecting the safety net in the City and the South King County region. Page 26 Z KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: March 19, 2013 SUBJECT: G C Systems, Inc. Contract - Inspection & Rebuild of Hydraulically Controlled Water Valves - Authorize MOTION: Authorize the Mayor to sign a contract with G C Systems Inc. in an amount not exceed $24,019.06 (including sale tax) for the inspection and rebuilding of 27 hydraulically controlled water valves, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City's Water Division has over 100 hydraulically operated valves within the water system. The valves range in size from 2 to 16 inches and precisely control system pressure and flow from our water sources, along with water levels in our reservoirs. In addition, they are used to direct water supply in the distribution system as required during emergencies. All valves within the system are inspected on a five-year rotation. This includes replacement of components that wear out during this period. Inspection and rebuild service needs to be done by a factory authorized service company. G C Systems, Inc. is factory authorized and operates out of Sumner. EXHIBITS: G C Systems Contract RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: None - funding for this work is included in water's annual operating budget. KNT PUBLIC WORKS AGREEMENT between City of Kent and G C Systems, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and G C Systems, Inc. organized under the laws of the State of Washington, located and doing business at PO Box 848, Puyallup, WA 98390, Phone: (800) 525-9425/Fax: (253) 939-3474, Contact: Carolyn Wells (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall inspect and rebuild 27 hydraulically operated water control valves within the City's water distribution system for 2013. For a description and locations, see the Contractor's December 5, 2012 proposal which is attached as Exhibit A and incorporated by this reference. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I by April 30, 2013. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Twenty Four Thousand, Nineteen Dollars and six cents ($24,019.06), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and PUBLIC WORKS AGREEMENT - 1 (Over$1OK, under $35K, and No Performance Bond) i performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City, `Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. i C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be PUBLIC WORKS AGREEMENT - 2 (Over$10K, under$35K, and No Performance Bond) I required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events; A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages, with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES, The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to PUBLIC WORKS AGREEMENT - 3 (Over$10K, under$35K, and No Performance Bond) require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. PUBLIC WORKS AGREEMENT - 4 (Over$I OK, under$35K, and No Performance Bond) C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. j X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$35K, and No Performance Bond) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this PUBLIC WORKS AGREEMENT - 6 (Over$1OK, under$35K, and No Performance Bond) i Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement, D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. i IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By. By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Carolyn Wells Timothy J. LaPorte, P.E. G C Systems, Inc. City of Kent PO Box 848 220 Fourth Avenue South Puyallup, WA 98390 Kent, WA 98032 (800) 525-9425 (telephone) (253) 856-5500 (telephone) (253) 939-3474 (facsimile) (253) 856-6500 (facsimile) i APPROVED AS TO FORM: Kent Law Department G C SVStaM1 -2003 Valve Rebuild/Swinford PUBLIC WORKS AGREEMENT 8 (Over $10K, under$35K, and No Performance Bond) i DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. j As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20 - By: For; Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women, Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 By: For: Title: Date: I EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A G C SYSTEMS, INC, P.O. BOX 848 PUYALLUP, WA. 98390 800-525-9425 December 5, 2012 City of Kent 220 South 4th Street Kent, Wa, 98032 Attn: Mr, Kevin Swinford Re: Proposal for 2013 Valve Rebuild i Dear Mr. Swinford: According to our record you have twenty seven valves that are due to be rebuilt next year. The cost for the rebuild of these valves per the enclosed list will be $19,019,06 including tax. This rebuild consists of the cleaning of the main valve and pilot controls and the replacement of the rubber parts. If any metal parts in the valves or pilot controls require replacement they will be billed over and above this quoted price. The city shall supply all equipment, additional personnel, and complete any documentation required to meet OSHA regulations for confined space entry as well as supplying any traffic revisions which may be necessary for work in public right-of-ways. Please let me know if you want to schedule this rebuild or if you have any questions Kevin. Thank you. Yours Truly, Carolyn Wells GC Systems, Inc. Attachment i j CITY OF KENT 2013 VALVE REBUILD EAST HILL AREA PUMP STATION NUMBERS 1 - 8" 6OG-11YB PUMP #1 1 - 10" 60G-11YB PUMP#2 1 - 10" 6OG-11YB PUMP #3 1 - 10" 60G-11 BY PUMP #4 I 1 - 6" 650G-OI B 1 - 4" 50A-01 B 590/485 PRV STATION 1 - 2" 90G-01AS 1 - 4" 90G-01AB 1 - 6" 90G-01AB 1 - 2" 50G-01 6 MILLION TANK#1 1 - 12" 136EG-75MODGCS(4YEAR) 1 - 2 1/2" 5OA-01 EAST HILL PUMP STATION 1 - 6" 61 G-02 I 1 - 10" 60G-11AB 1 - 4" 5OG-01 B 1 - 6" 50G-01 B i PAGE 2 6 MILLION TANK#2 1 - 12" 124G-16MODGCS(4 YEAR) BLUE BOY RESERVOIR 1 - 10" 21OG-01AB ALVORD PRV STATION 1 - 2" 9OG-01AS 1 - 4" 90G-01AB 1 - 6" 90G-01AB 234T" PRV STATION 1 - 2" 9OG-01 BCSY 1 - 6" 9OG-01BCSY 1 - 3" 50A-01 B PUMP STATION #3 1 - 6" 6OG-11YB PUMP #1 1 - 6" 60G-11YB PUMP #2 � I GUIBERSON RESERVOIR 1 -6" 50G-01 B it EXHIBIT INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance i The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. l 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. H. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with _insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 1 of 18 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 12/31/2012 County Trade Job Classification Wage Holiday Overtimel Note ' King Asbestos Abatement Workers Journey Level $40.83 5D I King Boilermakers Journey Level $60.24 5N 1C King Brick Mason Brick And Block Finisher $42.21 5A 1 M King Brick Mason Journey Level $49.07 5A 1M King Brick Mason Pointer-Caulker-Cleaner $49.07 5A 1M King Building Service Employees Janitor $19.98 5S 2F King Building Service Employees Traveling Waxer/shampooer $20.39 5S 2F King Building Service Employees Window Cleaner (Scaffold) $24.52 5S 2F King Building Service Employees Window Cleaner(non-scaffold) $23.66 5S 2F King Cabinet Makers (In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $49.57 5D 1M King Carpenters Bridge, Dock And Wharf $49.57 5D 1M Carpenters King Carpenters Carpenter $49.57 5D 1M King Carpenters Carpenters on Stationary Tools $49.70 5D 1M 'King Carpenters Creosoted Material $49.67 5D 1M King Carpenters Floor Finisher $49.57 5D 1M King Carpenters Floor Layer $49.57 5D 1M King Carpenters Scaffold Erector $49.57 5D 1M King Cement Masons Journey Level $50.13 7A 1M King Divers ft Tenders Diver $100.28 5D 1M 8A King Divers £t Tenders Diver On Standby $56.68 5D 1M King Divers 8:Tenders Diver Tender $52.23 5D 1M King Divers Et Tenders Surface Rcv & Rov Operator $52.23 5D 1M King Divers & Tenders Surface Rcv Et Rov Operator $48.67 5A 1 B Tender I King Dredge Workers Assistant Engineer $49.57 5D 1T 8L King Dredge Workers Assistant Mate(deckhand) $49.061 5D 1T 8L https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 Page 2 of 18 King Dredge Workers Engineer Welder $49.621 5D 1T I 8L King Dredge Workers Leverman, Hydraulic $51.19 5D 1T 8L King Dredge Workers Maintenance $49.06 5D 1T 8L King Dredge Workers Mates And Boatmen $49.57 _5D 1T 8L King Dredge Workers Oiler $49.19 5D 1T 8L King Drywall Applicator Journey Level $49.74 5D 1H King Drywall Tapers Journey Level $49.79 5P 1E King Electrical Fixture Maintenance Journey Level $25.08 5L I Workers King Electricians - Inside Cable Splicer $62.74 7C 2W King Electricians - Inside Cable Splicer (tunnel) $67.45 7C 2W King Electricians - Inside Certified Welder $60.61 7C 2W King Electricians Inside Certified Welder (tunnel) $65.10 7C 2W King Electricians - Inside Construction Stock Person $33.69 7C 2W King Electricians - Inside Journey Level $58.47 7C 2W j King Electricians - Inside Journey Level (tunnel) $62.74 7C 2W King Electricians -Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Cable Splicer $64.95 5A 4A Construction King Electricians - Powerline Certified Line Welder $59.37 5A 4A Construction King Electricians - Powerline Groundperson $42.16 5A 4A Construction King Electricians - Powerline Head Groundperson $44.50 5A 4A Construction King Electricians - Powerline Heavy Line Equipment $59.37 5A 4A Construction Operator :King Electricians - Powerline Jackhammer Operator $44.50 5A 4A I Construction ;King Electricians - Powerline Journey Level Lineperson $59.37 5A 4A Construction King Electricians - Powerline Line Equipment Operator $49.95 5A 4A Construction King Electricians Powerline Pole Sprayer $59.37 5A 4A Construction i King Electricians - Powerline Powderperson $44.50 5A 4A Construction King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $75.24 7D 4A King Elevator Constructors Mechanic In Charge $82.00 7D 4A King Fabricated Precast Concrete All Classifications - In-Factory $14.15 5B 2K Products Work Only King Fence Erectors Fence Erector $15.18 1 King Flaggers Journey Level $34.61 7A 2Y King Glaziers Journey Level $52.76 7L 1Y King Heat 8 Frost Insulators And Journeyman $56.93 5J 1S https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 12/31/2012 Page 3 of 18 Asbestos Workers King Heating Equipment Mechanics Journey Level $68.52 7F 1 E King Hod Carriers & Mason Tenders Journey Level $42.11 7A 2Y King Industrial Engine And Machine Journey Level $15.65 1 Mechanics King Industrial Power Vacuum Journey Level $9.24 1 Cleaner King Inland Boatmen Boat Operator $52.321 5B 1K King Inland Boatmen Cook $48.89 5B 1K ;King Inland Boatmen Deckhand $48.96 5B 1K King Inland Boatmen Deckhand Engineer $49.95 5B 1K King Inland Boatmen Launch Operator $51.16 5B 1K King Inland Boatmen Mate $51.16 5B 1K King Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 Sewer Et Water Systems By Operator Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer 8t Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Head Operator $24.91 1 Sewer Et Water Systems By Remote Control ,King Inspection/Cleaning/Sealing Of Technician $19.33 1 Sewer 8: Water Systems By Remote Control ',King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer 8:Water Systems By Remote Control King Insulation Applicators Journey Level $49.57 5D 1M King Ironworkers Journeyman $59.021 7N 10 j King Laborers Air, Gas Or Electric Vibrating $40.83 7A 2Y Screed King Laborers Airtrac Drill Operator $42.11 7A 2Y King Laborers Ballast Regular Machine $40.83 7A 2Y King Laborers Batch Weighman $34.61 7A 2Y King Laborers Brick Pavers $40.83 7A 2Y King Laborers Brush Cutter $40.831 7A 2Y King Laborers Brush Hog Feeder $40.83 7A 2Y King Laborers Burner $40.83 7A 2Y King Laborers Caisson Worker $42.11 7A 2Y King Laborers Carpenter Tender $40.83 7A 2Y ;King Laborers Caulker $40.83 7A 2Y 3King Laborers Cement Dumper-paving $41.59 7A 2Y King Laborers Cement Finisher Tender $40.83 7A 2Y l King Laborers Change House Or Dry Shack $40.83 7A 2Y King Laborers Chipping Gun (under 30 Lbs.) $40.83 7A 2Y ?King Laborers Chipping Gun(30 Lbs. And $41.59 7A 2Y https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 12/31/2012 Page 4 of 18 Over) King Laborers Choker Setter $40.83 7A 2Y King Laborers Chuck Tender $40.83 7A 2Y !King Laborers Clary Power Spreader $41.59 7A 2Y ;King Laborers Clean-up Laborer $40.83 7A 2Y King Laborers Concrete Dumper/chute $41.59 7A 2Y Operator King Laborers Concrete Form Stripper $40.831 7A 2Y King Laborers Concrete Placement Crew $41.59 7A 2Y jKing Laborers Concrete Saw Operator/core $41.59 7A 2Y Driller ;King Laborers Crusher Feeder $34.61 7A 2Y (King Laborers Curing Laborer $40.83 7A 2Y King Laborers Demolition: Wrecking Et Moving $40.83 7A 2Y (incl. Charred Material) King Laborers Ditch Digger $40.831 7A 2Y King Laborers Diver $42.11 7A 2Y King Laborers Drill Operator $41.59 7A 2Y (hydraulic,diamond) j King Laborers Dry Stack Walls $40.83 7A 2Y King Laborers Dump Person $40.83 7A 2Y King Laborers Epoxy Technician $40.83 7A 2Y King Laborers Erosion Control Worker $40.831 7A 2Y King Laborers Fader & Bucker Chain Saw $41.59 7A 2Y King Laborers Fine Graders $40.83 7A 2Y King Laborers Firewatch $34.61 7A 2Y King Laborers Form Setter $40.83 7A 2Y King Laborers Gabian Basket Builders $40.83 7A 2Y King Laborers General Laborer $40.83 7A 2Y ;King Laborers Grade Checker 8 Transit $42.11 7A 2Y Person ;.King Laborers Grinders $40.83 7A 2Y :King Laborers Grout Machine Tender $40.83 7A 2Y King Laborers Groutmen (pressure)including $41.59 7A 2Y Post Tension Beams King Laborers Guardrail Erector $40.831 7A 2Y King Laborers Hazardous Waste Worker (level $42.11 7A 2Y A) King Laborers Hazardous Waste Worker (level $41.59 7A 2Y B) King Laborers Hazardous Waste Worker (level $40.83 7A 2Y C) King Laborers High Scaler $42.11 7A 2Y King Laborers Jackhammer $41.59 7A 2Y King Laborers Laserbeam Operator $41.59 7A 2Y King Laborers Maintenance Person $40.83 7A 2Y https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 Page 5 of 18 King Laborers Manhole Builder-mudman $41.591 7A 2Y King Laborers Material Yard Person $40.83 7A 2Y King Laborers Motorman-dinky Locomotive $41.59 7A 2Y King Laborers Nozzleman (concrete Pump, $41.59 7A 2Y Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $41.59 7A 2Y King Laborers Pilot Car $34.61 7A 2Y King Laborers Pipe Layer Lead $42.11 7A 2Y King Laborers Pipe Layer/tailor $41.59 7A 2Y King Laborers Pipe Pot Tender $41.59 7A 2Y 3King Laborers Pipe Reliner $41.59 7A 2Y "King Laborers Pipe Wrapper $41.59 7A 2Y King Laborers Pot Tender $40.83 7A 2Y King Laborers Powderman $42.11 7A 2Y King Laborers Powderman's Helper $40.83 7A 2Y King Laborers Power Jacks $41.59 7A 2Y King Laborers Railroad Spike Puller - Power $41.59 7A 2Y King Laborers Raker - Asphalt $42.11 7A 2Y King Laborers Re-timberman $42.11 7A 2Y King Laborers Remote Equipment Operator $41.59 7A 2Y King Laborers Rigger/signal Person $41.59 7A 2Y King Laborers Rip Rap Person $40.83 7A 2Y King Laborers Rivet Buster $41.59 7A 2Y King Laborers Rodder $41.59 7A 2Y King Laborers Scaffold Erector $40.83 7A 2Y King Laborers Scale Person $40.83 7A 2Y King Laborers Sloper (over 20") $41.59 7A 2Y King Laborers Sloper Sprayer $40.83 7A 2Y King Laborers Spreader (concrete) $41.59 7A 2Y King Laborers Stake Hopper $40.83 7A 2Y King Laborers Stock Piler $40.831 7A 2Y King Laborers Tamper Et Similar Electric, Air $41.59 7A 2Y Et Gas Operated Tools King Laborers Tamper (multiple Et Self- $41.59 7A 2Y propelled) King Laborers Timber Person - Sewer (lagger, $41.59 7A 2Y Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $40.83 7A 2Y King Laborers Topper $40.83 7A 2Y ,King Laborers Track Laborer $40.83 7A 2Y =King Laborers Track Liner (power) $41.59 7A 2Y King Laborers Traffic Control Laborer $37.01 7A 2Y 8R i i https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 12/31/2012 Page 6 of 18 King Laborers Traffic Control Supervisor $37.011 7A 2Y 1 812 King Laborers Truck Spotter $40.83 7A 2Y King Laborers Tugger Operator $41.59 7A 2Y King Laborers Tunnel Work-Compressed Air $55.89 7A 2Y 8S Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $60.92 7A 2Y 8� Worker 30.01.44.00 psi King Laborers Tunnel Work-Compressed Air $64.60 7A 2Y Worker 44.01-54.00 psi 4 King Laborers Tunnel Work-Compressed Air $70.30 7A 2Y '! Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $72.42 7A 2Y Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $77.52 7A 2Y L Worker 64.01-69.00 psi King Laborers Tunnel Work-Compressed Air $79.42 7A 2Y 8� Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $81.42 7A 1H Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $83.42 7A 1H Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $42.21 7A 2Y Tender King Laborers Tunnel Work-Miner $42.21 7A 2Y ; King Laborers Vibrator $41.59 7A 2Y )King Laborers Vinyl Seamer $40.83 7A 2Y King Laborers Watchman $31.46 7A 2Y King Laborers Welder $41.59 7A 2Y King Laborers Well Point Laborer $41.59 7A 2Y King Laborers Window Washer/cleaner $31.46 7A 2Y King Laborers - Underground Sewer General Laborer & Topman $40.83 7A 2Y & Water King Laborers - Underground Sewer Pipe Layer $41.59 7A 2Y Et Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers King Landscape Construction Landscape Equipment $28.17 1 Operators Or Truck Drivers King Landscape Construction Landscaping or Planting $17.87 1 Laborers King Lathers Journey Level $49.74 5D 1H King Marble Setters Journey Level $49.07 5A 1M King Metal Fabrication (In Shops Fitter $15.86 1 "King Metal Fabrication (In Shop) Laborer $9.78 1 King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King IMitlwright Journey Level $50.67 5D I 1M https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 12/31/2012 f Page 7 of 18 King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 King Modular Buildings Tool Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $37.51 6Z 2B King Pile Driver Journey Level $49.82 5D 1M King Plasterers Journey Level $48.23 1R King Playground a Park Equipment Journey Level $9.04 1 Installers King Plumbers Et Pipefitters Journey Level $70.84 6Z 1G King Power Equipment Operators Asphalt Plant Operators $51.891 7A 3C 8P King Power Equipment Operators Assistant Engineer $48.62 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $51.40 7A 3C 8P King Power Equipment Operators Batch Plant Operator, $51.40 7A 3C 8P Concrete King Power Equipment Operators Bobcat $48.62 7A 3C 8P King Power Equipment Operators Brokk- Remote Demolition $48.62 7A 3C 8P Equipment King Power Equipment Operators Brooms $48.621 7A 3C 8P King Power Equipment Operators Bump Cutter $51.40 7A 3C 8P i King Power Equioment Operators Cableways $51.89 7A 3C 8P King Power Equipment Operators Chipper $51.40 7A 3C 8P King Power Equipment Operators Compressor $48.62 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount $51.89 7A 3C 8P 1 With Boom Attachment Over 42 M "King Power Equipment Operators Concrete Finish Machine -laser $48.62 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or $50.98 7A 3C BP Trailer High Pressure Line Pump, Pump High Pressure. :King Power Equipment Operators Concrete Pump: Truck Mount $51.40 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $50.98 7A 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 $51.40 7A 3C 8P Tons With Attachments i King Power Equipment Operators Cranes: 20 Tons Through 44 $51.40 7A 3C 8P Tons With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons `King Power Equipment Operators Cranes: 100 Tons Through 199 $52.44 7A 3C 8P Tons, Or 150' Of Boom (including Jib With https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 Page 8 of 18 King Power Equipment Operators Cranes: 100 Tons Through 199 $52.44 7A 3C 8P Tons, or 150' of boom (including jib with attachments); Overhead, bridge type, 100 tons and over; Tower crane up to 175'in height, base to boom. King Power Equipment Operators Cranes: 200 Tons To 300 Tons, $53.01 7A 3C 8P Or 250' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: 45 Tons Through 99 $51.89 7A 3C 8P Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 Tons And $48.62 7A 3C 8P Under King Power Equipment Operators Cranes: Friction 100 Tons $53.01 7A 3C 8P Through 199 Tons King Power Equipment Operators Cranes: Friction Over 200 Tons $53.57 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' $53.57 7A 3C 8P •„, Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: Through 19 Tons With $50.98 7A 3C 8P Attachments A-frame Over 10 Tons :King Power Equipment Operators Crusher $51.40 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $51.40 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work $51.89 7A 3C 8P King Power Equipment Operators Dozer Quad 9, HD 41, DI and $51.89 7A 3C 8P Over King Power Equipment Operators Dozers D-9 Et Under $50.98 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck $50.98 7A 3C 8P Or Crane Mount King Power Equipment Operators Drilling Machine $51.40 7A 3C 8P King Power Equipment Operators Elevator And Man-lift: $48.62 7A 3C 8P Permanent And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell And $51.40 7A 3C 8P Gamaco 8 Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over $50.98 7A 3C 8P With Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. With $48.62 7A 3C 8P Attachments King Power Equipment Operators Grade Engineer: Using Blue $51.40 7A 3C iiv Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $48.62 7A 3C 8P King Power Equipment Operators Guardrail Punch $51.40 7A 3C 8P King Power Equipment Operators Guardrail Punch/Auger $51.40 7A 3C 8P King Power Equipment Operators Hard Tail End Dump $51.89 7A 3C 8P Articulating Off- Road https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 12/31/2012 Page 9 of 18 Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tail End Dump $51.40 7A 3C 8P Articulating Off-road Equipment Under 45 Yards 'King Power Equipment Operators Horizontal/directional Drill $50.98 7A 3C 8P Locator iKing Power Equipment Operators Horizontal/directional Drill $51.40 7A 3C 8P Operator King Power Equipment Operators Hydralifts/boom Trucks Over $50.98 7A 3C 8P d 10 Tons King Power Equipment Operators Hydralifts/boom Trucks, 10 $48.62 7A 3C 8P Tons And Under King Power Equipment Operators Loader, Overhead 8 Yards. & $52.44 7A 3C 8P Over 'King Power Equipment Operators Loader, Overhead, 6 Yards. But $51.89 7A 3C 8P Not Including 8 Yards iKing Power Equipment Operators Loaders, Overhead Under 6 $51.40 7A 3C 8P Yards King Power Equipment Operators Loaders, Plant Feed $51.40 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $50.98 7A 3C 2P King Power Equipment Operators Locomotives, All $51.40 7A 3C 8P King Power Equipment Operators Material Transfer Device $51.40 7A 3C 8P + King Power Equipment Operators Mechanics, All (leadmen - $52.44 7A 3C 8P $0.50 Per Hour Over Mechanic) King Power Equipment Operators Mixers: Asphalt Plant $51.40 7A 3C 8P King Power Equipment Operators Motor Patrol Grader - Non- $50.98 7A 3C 8P '€ finishing King Power Equipment Operators Motor Patrol Graders, Finishing $51.89 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel $51.89 7A 3C 8P Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $48.62 7A 3C 8P Distribution 8 Mulch Seeding Operator King Power Equipment Operators . Outside Hoists (elevators And $50.98 7A 3C 8P Manlifts), Air Tuggers,strato King Power Equipment Operators Overhead, Bridge Type Crane: $51.40 7A 3C 8P 20 Tons Through 44 Tons King Power Eguupment Operators Overhead, Bridge Type: 100 $52.44 7A 3C 8P Tons And Over ',King Power Equipment Operators Overhead, Bridge Type: 45 $51.89 7A 3C 8P Tons Through 99 Tons King Power Equipment Operators Pavement Breaker $48.62 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $51.40 7A 3C 8P Mount) sKing Power Equipment Operators Plant Oiler- Asphalt, Crusher $50.98 7A 3C 8P ' King Power Equipment Operators Posthole Digger, Mechanical $48.621 7A 3C 8P King Power Equipment Operators Power Plant $48.621 7A 3C 8P ;King Power Equipment Operators Pumps - Water $48.621 7A _ 3C 8P https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 12/31/2012 Page 10 of 18 King Power Equipment Operators Quad 9, Hd 41, DI And Over $51.891 7A 3C I 8P King Power Equipment Operators Quick Tower - No Cab, Under $48.62 7A 3C 8P i 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $51.89 7A 3C 8P Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $48.62 7A 3C 8P King Power Equipment Operators Rollagon $51.89 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $48.62 7A 3CI 8P I King Power Equipment Operators Roller, Plant Mix Or Multi-lift $50.98 7A 3C 8P 3 Materials King Power Equipment Operators Roto-mill, Roto-grinder $51.40 7A 3C 8P King Power Equipment Operators Saws - Concrete $50.98 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under $51.40 7A 3C 8P 45 Yards King Power Equipment Operators Scrapers - Concrete Et Carry All $50.98 7A 3C 8P King Power Equipment Operators Scrapers, Self-propelled: 45 $51.89 7A 3C 8P Yards And Over 'King Power Equipment Operators Service Engineers - Equipment $50.98 7A 3C 8P King Power Equipment Operators Shotcrete/gunite Equipment $48.621 7A 3C 2P King Power Equipment Operators Shovel , Excavator, Backhoe, $50.98 7A 3C 8P Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: $51.89 7A 3C SP I' Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $51.40 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $52.44 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $53.01 7A 3C 8P Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $51.89 7A 3C 8P King Power Equipment Operators Spreader, Topsider Et $51.89 7A 3C 8P Screedman King Power Equipment Operators Subgrader Trimmer $51.40 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $50.98 7A 3C 8P 4 King Power Equipment Operators Tower Crane Over 175'in $53.01 7A 3C 8P Height, Base To Boom King Power Equipment Operators Tower Crane Up To 175' In $52.44 7A 3C 8P Height Base To Boom King Power Equipment Operators Transporters, All Track Or $51.89 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $50.98 7A 3C 813 King Power Equipment Operators Truck Crane Oiler/driver - 100 $51.40 7A 3C 8P Tons And Over King _Power Equipment Operators Truck Crane Oiler/driver Under $50.98 7A 3C 8P ' 100 Tons https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 12/31/2012 Page 11of18 i King Power Equipment Operators Truck Mount Portable Conveyor $51.401 7A 3C 8P King Power Equipment Operators Welder $51.891 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farman Type $48.62 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $51.40 7A 3C 8P =King Power Equipment Operators- Asphalt Plant Operators $51.89 7A 3C 8P Underground Sewer 8t Water King Power Equipment Operators- Assistant Engineer $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Batch Plant Operator, $51.40 7A 3C 8P Underground Sewer Et Water Concrete King Power Equipment Operators- Bobcat $48.62 7A 3C 8P Underground Sewer it Water King Power Equipment Operators- Brokk - Remote Demolition $48.62 7A 3C 8P Underground Sewer Et Water Equipment King Power Equipment Operators- Brooms $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bump Cutter $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cableways $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Chipper $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Compressor $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount $51.89 7A 3C 8P Underground Sewer Et Water With Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $48.62 7A 3C 8P Underground Sewer Et Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $50.98 7A 3C 8P Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount $51.40 7A 3C 8P Underground Sewer Et Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $50.98 7A 3C 8P ' Underground Sewer Et Water King Power Equipment Operators- Cranes: 20 Tons Through 44 $51.40 7A 3C 8P Underground Sewer Et Water Tons With Attachments King Power Equipment Operators- Cranes: 20 Tons Through 44 $51.40 7A 3C 8P Underground Sewer at Water Tons With Attachments Overhead, Bridge Type Crane: 20 Tons Through 44 Tons King Power Equipment Operators- Cranes: 100 Tons Through 199 $52.44 7A 3C BP Underground Sewer Et Water Tons, Or 150' Of Boom (including Jib With King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, $53.01 7A 3C 8P Underground Sewer Et Water Or 250' Of Boom (including Jib https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 12/31/2012 Page 12 of 18 With Attachments) King Power Equipment Operators- Cranes: 45 Tons Through 99 $51.89 7A 3C 8P Underground Sewer 8t Water Tons, Under 159 Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A-frame - 10 Tons And $48.62 7A 3C 8P Underground Sewer 8: Water Under King Power Equipment Operators- Cranes: Friction 100 Tons $53.01 7A 3C 8P '. Underground Sewer Et Water Through 199 Tons King Power Equipment Operators- Cranes: Friction Over 200 Tons $53.57 7A 3C 8P Underground Sewer 8t Water King Power Equipment Operators- Cranes: Over 300 Tons Or 300' $53.57 7A 3C 8P Underground Sewer Et Water Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: Through 19 Tons With $50.98 7A 3C 8P Underground Sewer Et Water Attachments A-frame Over 10 Tons King Power Equipment Operators- Crusher $51.40 7A 3C 8P Underground Sewer 8: Water ,King Power Equipment Operators- Deck Engineer/deck Winches $51.40 7A 3C 8P Underground Sewer Et Water (power) king Power Equipment Operators- Derricks, On Building Work $51.89 7A 3C 8P ! Underground Sewer Et Water ':King Power Equipment operators- Dozer Quad 9, HD 41, D10 and $51.89 7A 3C 8P Underground Sewer Et Water Over :King Power Equipment Operators- Dozers D-9 8: Under $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck $50.98 7A 3C 8P Underground Sewer Et Water Or Crane Mount King Power Equipment Operators- Drilling Machine $51.40 7A 3C 8P Underground Sewer 8t Water i :King Power Equipment Operators- Elevator And Man-lift: $48.62 7A 3C 8P Underground Sewer 8: Water Permanent And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell And $51.40 7A 3C 8P Underground Sewer Et Water Gamaco 8t Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over $50.98 7A 3C 8P Underground Sewer 8t Water With Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. With $48.62 7A 3C 8P Underground Sewer Et Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue $51.40 7A 3C 8P Underground Sewer Ft Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $48.62 7A 3C 8P Underground Sewer 8: Water King Power Equipment Operators- Guardrail Punch $51.40 7A 3C 8P Underground Sewer 8; Water King Power Equipment Operators- Guardrail Punch/Auger $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump $51.89 7A 3C 813 Underground Sewer 8: Water Articulating Off- Road Equipment 45 Yards. 8: Over https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 Page 13of18 King Power Equipment Operators- Hard Tail End Dump $51.40 7A 3C 8P ?' Underground Sewer Et Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill $50.98 7A 3C 8P K Underground Sewer Et Water Locator King Power Equipment Operators- Horizontal/directional Drill $51.40 7A 3C 8P Underground Sewer Et Water Operator ;King Power Equipment Operators- Hydratifts/boom Trucks Over $50.98 7A 3C 8P Underground Sewer Et Water 10 Tons ,King Power Equipment Operators- Hydralifts/boom Trucks, 10 $48.62 7A 3C 813 Underground Sewer Et Water Tons And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et $52.44 7A 3C 8P s Underground Sewer Et Water Over King Power Equipment Operators- Loader, Overhead, 6 Yards. But $51.89 7A 3C 813 Underground Sewer Et Water Not Including 8 Yards King Power Equipment Operators- Loaders, Overhead Under 6 $51.40 7A 3C 8P Underground Sewer Et Water Yards King Power Equipment Operators- Loaders, Plant Feed $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Locomotives, All $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All (leadmen - $52.44 7A 3C 8P Underground Sewer Et Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Mixers: Asphalt Plant $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Grader - Non- $50.98 7A 3C 8P Underground Sewer Et Water finishing King Power Equipment Operators- Motor Patrol Graders, Finishing $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel $51.89 7A 3C 8P Underground Sewer Et Water Drill, Boring, Road Header And/or Shield I, 3 i King Power Equipment Operators- Oil Distributors, Blower $48.62 7A 3C 8P Underground Sewer Et Water Distribution Et Mulch Seeding Operator i King Power Equipment Operators- Outside Hoists (elevators And q0-98 7A 3C 8P Underground Sewer Et Water Manlifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $51.40 7A 3C 8P Underground Sewer Et Water 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 $52.44 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $51.89 7A 3C 8P Underground Sewer Et Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane $51.40 7A 3C 8P i https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 Page 14 of 18 Undereround Sewer Et Water Mount) King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $48.62 7A 3C 8P Underground Sewer Et Water i King Power Equipment Operators- Power Plant $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps - Water $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under $48.62 7A 3C 8P Underground Sewer Et Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $51.89 7A 3C 8P Underground Sewer Et Water Rubber Tired Earth Moving Equipment King Power Equipment Operators- Rigger And Bellman $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rollagon $51.89 7A 3C 8P '! Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $50.98 7A 3C 8P Underground Sewer Et Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $50.98 7A 3C BP Underground Sewer & Water s King Power Equipment Operators- Scraper, Self Propelled Under $51.40 7A 3C 8P j Underground Sewer Et Water 45 Yards King Power Equipment Operators- Scrapers- Concrete Et Carry All $50.98 7A 3C 8P Underground Sewer it Water King Power Equipment Operators- Scrapers, Self-propelled: 45 $51.89 7A 3C 813 Underground Sewer Et Water Yards And Over ;King Power Equipment Operators- Service Engineers - Equipment $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shotcrete/gunite Equipment $48.62 7A 3C 8P Underground Sewer 8t Water s King Power Equipment Operators- Shovel , Excavator, Backhoe, $50.98 7A 3C 8P Underground Sewer Et Water Tractors Under 15 Metric Tons. ;,King Power Equipment Operators- Shovel, Excavator, Backhoe: $51.89 7A 3C 81 Underground Sewer Et Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $51.40 7A 3C 8P Underground Sewer Et Water Tractors: 15 To 30 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes: $52.44 7A 3C 8P Undereround Sewer Et Water Over 50 Metric Tons To 90 Metric Tons ;King Power Equipment Operators- Shovel, Excavator, Backhoes: $53.01 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 Page 15of18 Underground Sewer 8: Water Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Spreader, Topsider 8t $51.89 7A 3C 8P r Underground Sewer 8t Water Screedman King Power Equipment Operators- Subgrader Trimmer $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Over 175'in $53.01 7A 3C 8P Underground Sewer Et Water Height, Base To Boom King Power Equipment Operators- Tower Crane Up To 175' In $52.44 7A 3C 8P Underground Sewer Et Water Height Base To Boom King Power Equipment Operators- Transporters, All Track Or $51.89 7A 3C 8P Underground Sewer 8: Water Truck Type King Power Equipment Operators- Trenching Machines $50.98 7A 3C 8P Underground Sewer 8: Water King Power Equipment Operators- Truck Crane Oiler/driver - 100 $51.40 7A 3C 8P Underground Sewer 8t Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver Under $50.98 7A 3C 8P Underground Sewer 8: Water 100 Tons King Power Equipment Operators- Truck Mount Portable Conveyor $51.40 7A 3C 8P Underground Sewer 8: Water King Power Equipment Operators- Welder $51.89 7A 3C 8P Underground Sewer 8t Water King Power Equipment Operators- Wheel Tractors, Farman Type $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $51.40 7A 3C 8P Underground Sewer 8t Water King Power Line Clearance Tree Journey Level In Charge $42.91 5A 4A Trimmers King Power Line Clearance Tree Spray Person $40.73 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $41.29 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $38.38 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $28.95 5A 4A Trimmers King Refrigeration Et Air Journey Level $69.96 6Z 1G Conditioning Mechanics King Residential Brick Mason Journey Level $49.07 5A 1M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $38.08 5D 1M King Residential Drywall Tapers Journey Level $49.79 5P 1 E ,King Residential Electricians JOURNEY LEVEL $30.44 1 King Residential Glaziers Journey Level $34.60 71- 1 H .King Residential Insulation Journey Level $26.28 1 el k rvWa elooku .as x 12 31 2012 v Ini wa oo u htt s: fortress wa o / / P // 9 / / 9 p/p 9 p P Page 16 of 18 Applicators King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Journey Level $34.69 1 Pipefitters I King Residential Refrigeration £t Air Journey Level $69.96 6Z 1G Conditioning Mechanics King Residential Sheet Metal Journey Level (Field or Shop) $41.30 7F 1R Workers King Residential Soft Floor Lavers Journey Level $41.78 5A 3D King Residential Sprinkler Fitters Journey Level $41.31 5C 211 (Fire Protection) King Residential Stone Masons Journey Level $49.07 5A 1M King Residential Terra=o Workers Journey Level $45.43 5A 1M ;King Residential Terrazzo/Tile Journey Level $21.46 1 Finishers I King Residential Tile Setters Journey Level $25.171 1 King Roofers Journey Level $43.90 5A 111 ;King Roofers Using Irritable Bituminous $46.90 5A 111 Materials ,King Sheet Metal Workers Journey Level (Field or Shop) $68.52 7F 1E King Shipbuilding Et Ship Repair Boilermaker $35.83 7M 1H King Shipbuilding & Ship Repair Carpenter $38.24 70 3B King Shipbuilding Et Ship Repair Electrician $37.85 70 13 King Shipbuilding Et Ship Repair Heat 8: Frost Insulator $56.93 5J 15 King Shipbuilding Et Ship Repair Laborer $36.81 70 3B King Shipbuilding Et Ship Repair Machinist $37.81 70 3B King Shipbuilding Et Ship Repair Operator $40.20 70 3B King Shipbuilding Et Ship Repair Painter $37.81 70 313 King Shipbuilding Et Ship Repair Pipefitter $37.79 70 313 King Shipbuilding Et Ship Repair Rigger $37.78 70 313 King Shipbuilding 8: Ship Repair Sandblaster $36.81 70 3B King Shipbuilding Et Ship Repair Sheet Metal $37.77 70 313 King Shipbuilding l3 Ship Repair Shipfitter $37.78 70 3B King Shipbuilding Et Ship Repair Trucker $37.63 70 3B King Shipbuilding & Ship Repair Warehouse $37.68 70 3B King Shipbuilding Et Ship Repair Welder/Burner $37.78 70 313 King Sign Makers Et Installers Sign Installer $22.92 1 $ IElectrical) 1King Sign Makers 8 Installers Sign Maker $21.36 1 (Electricaq King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers Et Installers (Non- Sign Maker $33.25 1 Electrical) https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 Page 17 of 18 King Soft Floor Lavers Journey Level $41.781 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Journey Level $69.44 5C 1X Protection) King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $49.07 5A 1M King Street And Parking Lot Journey Level $19.09 1 Sweeper Workers King Surveyors Assistant Construction Site $50.98 7A 3C 8P Surveyor King Surveyors Chainman $50.46 7A 3C 8P King Surveyors Construction Site Surveyor $51.89 7A 3C 8P King Telecommunication Journey Level $22.76 1 Technicians King Telephone Line Construction - Cable Splicer $35.09 5A 2B Outside King Telephone Line Construction - Hole Digger/Ground Person $19.22 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $33.63 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $35.09 5A 2B Outside King Telephone Line Construction - Special Apparatus Installerll $34.37 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator $35.09 5A 2B Outside (Heavy) "King Telephone Line Construction - Telephone Equipment Operator $32.62 5A 2B Outside (Light) King Telephone Line Construction - Telephone Lineperson $32.62 5A 2B Outside King Telephone Line Construction - Television Groundperson $18.65 5A 2B Outside King Telephone Line Construction - Television Lineperson/Installer $24.66 5A 2B Outside King Telephone Line Construction - Television System Technician $29.42 5A 2B Outside King Telephone Line Construction - Television Technician $26.43 5A 2B Outside King Telephone Line Construction - Tree Trimmer $32.95 5A 2B Outside King Terrazzo Workers Journey Level $45.43 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble Et Terrazzo Finisher $37.76 5A 16 Finishers King Traffic Control Stripers Journey Level $41.27 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. $47.91 5D 3A 8L WA-Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. $47.07 5D 3A 8L https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 Page 18 of 18 WA-Joint Council 28) King Truck Drivers Dump Truck &Trailer $47.91 5D 3A 8L 'King Truck Drivers Dump Truck (W. WA-Joint $47.07 5D 3A 8L Council 28) King Truck Drivers Other Trucks (W. WA-Joint $47.91 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $23.45 1 King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers Et Irrigation Pump Oiler $12.97 1 Installers King Well Drillers 8 Irrigation Pump Well Driller $18.00 1 Installers I i i I https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 12/31/2012 I Benefit Code Key-Effective 08-31-2012 thru 03-02-2013 •�4*%tg�R�.*:k��i�*#*%w*�*�%Kok##i:$#$k:5&%F%kI;%.�,'t�$*#**M*�.��.*�f�F�F IOW. *;k***#�:e'�.KTX,*:!#:YOB:*di#i:sk#&'*f<*�F%*M*�F�F'�F�Y�*bk*#*t:e Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects,the hourly rate must be not less than the prevailing rate ofwage minus the hourly rate of the cost of fringe benefits actually provided for the worker. 1. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. '..... C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on '.... Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2)hours before or after a five - eight(8)hour workweek day or a four-ten(10)hour workweek day and the first eight(8)hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays,and holidays shall be paid at double the hourly rate of wage. E. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2)hours after eight(8)regular hours Monday through Friday and the first ten (10)hours on Saturday t shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked,except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten(10)hours worked on Saturdays and the first ten(10)hours worked on a fifth calendar weekday in a four -ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours.worked on Saturdays(except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half limes the hourly rate of wage. All hours worked Monday through Saturday over twelve(12)hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate '.. of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. I. The first two(2)hours after eight(8) regular hours Monday through Friday and.the first ten(10)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All bouts worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays(except makeup days)shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays Shall be paid at double the hourly rate of wage. I. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve(12)hours,Monday through Friday and after ten(10)hours on Saturday shall be paid at double the hourly rate of wage. Benefit Code Key—Effective 08-31-2012 thru 03-03-2013 i P. All hours worked on Saturdays(except makeup days if circumstances warrant)and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first.two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten(10) hours per day Monday through Saturday and all hours worked on Sundays and holidays(except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. T. Work performed in excess of eight(8)hours of straight time per day, or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight(8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays(except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to-conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12)hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday,the day before Saturday,Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight(8)hours per day(10 hours per day for a 4 x 10 workweek)and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage.(except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight-time rate until they have worked 8 hours in a day(10 in a 4 x 10 workweek)or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. 1. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. ., 2. ALL HOURS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. _z_ Benefit Code Key—Effective 08-31-201.2 thru 03-03-2013 2. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight(8)hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight(8)hours on holidays shall be paid at double the hourly rate of wage. i G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay. ', O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60)in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, 1 and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten- hour weekly schedule,either Monday turn Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight(8)hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth,and seventh days and on holidays shall be paid at double the hourly rate of wage. Y. All hours worked on Saturdays (except for make-up days) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 3. ALL HOURS WORKED IN EXCESS OP EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. j A. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay.Any shift starting between the hours of 6:00 pm and '.. midnight shall receive an additional one dollar(SLOO)per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an.applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. B. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage..All hours worked over twelve(12)hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid atdouble the hourly rate of wage. C. Work performed in excess of eight(8)hours of straight time per day,or ten(10)hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday; or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. '..... All work performed after 6:00 for Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate '.. of wage.After an employee has worked eight(8)hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight(8)hours or more. —3— Benefit Code Key-Effeetive 08-31-2012 thru 03-03-2013 3. D. All hours worked between 6:00 pm Monday through 6:00 am Saturday,shall be paid at an overtime rate of 15%over the hourly rate of wage.All other hours worked after 6:00 am on Saturdays,shall be paid atone and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week,once 40 hours of '.. straight time work is achieved,then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. 4. ALL HOURS WORKED 1N EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALI,BE ! PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight(8)hours per day or forty (40)hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve(12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,and Chi!stmas Day(7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,the day before Christmas,and Christmas Day(8). C. Holidays: New Year's Day,Presidents'Day,Memorial Day, Independence Day,Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and '.. Saturday after Thanksgiving Day,And Christmas Day(8). H. Holidays: New Years Day,Memorial Day,Independence Day,Thanksgiving Day,the Day after Thanksgiving Day, And Christmas(6). I. Holidays: New Year's Day,Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day,Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day,And Christmas Day(7). R. Holidays: New Year's DaX Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas,And Christmas Day(9). i L. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day,The Friday After Thanksgiving Day,And Christmas Day(9). P. Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday And Saturday After Thanksgiving Day, The Day Before Christmas,And Christmas Day (9). If A Holiday Falls.On Sunday, The Following Monday Shall Be Considered As A Holiday. - R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,One-Half Day Before Christmas Day,And Christmas Day.(7 1/2). -4- I Benefit Code Key—Effective 08-31-2012 thru 03-03-2013 5. S. Paid Holidays: New Year's Day,Presidents'Day,Memorial Day,Independence Day, Labor Day; Thanksgiving Day,And Christmas Day(7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day,Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(8). Holiday Codes Continued 6. A. Paid Holidays:New Year's Day,Presidents'Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day, The Friday After Thanksgiving Day,And Christmas Day(8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,Day After Thanksgiving Day, Christmas Day, And A Half-Day On Christmas Eve Day. (9 1/2). O. Paid Holidays:New Year's Day,Martin Luther King Jr.Day,Presidents'Day,Memorial Day, Independence Day,Labor Day,Veterans'Day,Thanksgiving Day,The Friday After Thanksgiving Day, Christmas Day, And Christmas Eve Day(11). H. Paid Holidays: New Year's Day,New Year's Eve Day,Memorial Day,Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,Christmas Day,The Day After Christmas,And A Floating Holiday(10). I. Paid Holidays: New Year's Day,Memorial Day, Independence Day,Labor Day,Thanksgiving Day,Friday After Thanksgiving Day,And Christmas Day(7). Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, The Day After Thanksgiving Day And Christmas Day(8), Unpaid Holiday; Presidents' Day, T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,The Friday After Thanksgiving Day,The Last Working Day Before Christmas Day,And Christmas Day(9). Z. Holidays:New Year's Day,Memorial Day, Independence Day,Labor Day,Thanksgiving Day,Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. Holiday Codes Continued 7. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A.Holiday On The Following Monday. If any of the listed holidays falls on a Saturday,the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day. (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. . S,V I Benefit Code Key—Effective 08-31-2012 thru 03-03-2013 7. D. Paid Holidays: New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, II' the Friday after Thanksgiving Day, And Christmas Day(8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be '.. observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day , (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays:New Year's Day,President's Day,Independence Day,Memorial Day,Labor Day, Thanksgiving Day,the Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day(9).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be ,., observed as a holiday on the preceding Friday. I I. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Years Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day,And Christmas Day(8), Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day,And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Years Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day,Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day,Christmas Day, And the Day after or before Christmas Day. 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday,the preceding Friday shall be observed as a holiday. O. Paid holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before Christmas Day, And The Employees Birthday. 11). Any holiday which falls oil Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day,And Christmas Day(7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. —6— Benefit Code Key—Effeetive 08-31-2012 thru 03-03-2013 !, 7. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8).Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. '.. R. Paid Holidays: New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. if any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. i Note Codes 8. A. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of fifty feet or more: Over 50' To 100'-$2.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$3.00 per Foot for Each Foot Over 100 Feet Over 150'To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet C. In addition to the hourly wage and fringe benefits,the following depth premiums apply to depths of Fifty feet or more: Over 50' To 100'-$1.00 per Foot for Each Foot Over 50 Feet Over 100'To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150'To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional$1,00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows - Level A: $0.75,Level B: $0.50, And. Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows -.Level A: $1,00,Level B: $0.75,Level C: $0.50,And Level D: $0.25 P. Workers on hazmat projects receive additional hourly premiums as follows-Class A Suit: $2.00,Class B Suit:$1.50, Class C Suit: $1,00,And Class D Suit$0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized.A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved '..... Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31,2012. S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana;or Idaho. This classification is only effective on or after August 31,2012, —7— ',. Benefit Code Key—Effective 08-31-2012 then 03-03-2013 8. T. Effective August 31,2012—A Traffic Control Laborer performs the setup,maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington,Oregon,Montana,or Idaho. This classification is only effective on or after August 31,2042. i I i i Z KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: March 19, 2013 SUBJECT: Limited Use Agreement with Sprint Communications Company — Authorize MOTION: Authorize the Mayor to sign the limited use agreement with Sprint Communications Company, L.P., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Sprint Communications is a private telecommunications company whose service area includes the city of Kent. Sprint has requested that the city grant a permit to use right-of-way to operate its telecommunications system. In accordance with state law, cities may require telecommunications companies to obtain a use permit to operate within the city. The Limited Street License constitutes a use permit and grants Sprint the right to operate within Kent's right-of-way for five years. This action is the renewal of the previous license with some amended provisions. A one-time fee of $10,000 will be assessed to cover the cost of administering the license. If Sprint needs to work on its facilities within the right-of- way, they will be required to apply for permits and pay fees accordingly. EXHIBITS: Limited Street License RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The $10,000 fee will be used to offset the costs to administer this agreement. LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND SPRINT COMMUNICATIONS COMPANY, L.P. PARTIES THIS LIMITED STREET LICENSE ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and SPRINT COMMUNICATIONS COMPANY, L.P., a Delaware limited partnership ("Licensee"). RECITALS 1. Licensee seeks to operate its telecommunications system in the City of Kent. 2. Licensee has requested that the City grant a permit to use City right- of-way to operate its telecommunications system within the City. 3. The City has agreed to issue this license, which constitutes a telecommunications system use permit under Chapter 35.99 RCW. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License ("License") for a period of five (5) years from the Effective Date for Licensee to install, construct, operate, remove, repair, reconstruct, replace, use, and inspect a telecommunications system and all related equipment ("Telecommunications System") across, along, in, upon, and under the City's right-of-way described in Exhibit A ("Property"). A general description of the plans and specifications for this Telecommunications System is attached as Exhibit B ("Improvements"). This License is subject to all the terms and conditions established below. 2. Consideration. In consideration of the City's issuance of this License, Licensee shall, within thirty (30) days of full execution of this License, pay to the City a one-time payment in the amount of Ten Thousand and No/100 Dollars ($10,000.00). 3. Damage to Property and Restoration. Licensee shall repair any damage to the Property caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Improvements on the Property. Upon revocation, termination, or expiration of this License, Licensee shall restore the Property to its original condition prior to the LIMITED STREET LICENSE--Page 1 of 11 (between City of Kent and Sprint Communications Company, L.P.) issuance of the License, with the exception that any conduit shall remain. Such restoration obligation shall survive the expiration of this License. 4. Revocation and Termination. The intent of this License is to authorize Licensee to operate its Telecommunications System on the designated City right-of-way, which right-of-way constitutes a valuable property interest owned by the City. This License does not grant an estate in the land described as the Property; it is not an easement; it is not a franchise; it is not exclusive; and it does not exclude the City from full possession of the Property. As a License upon real property, it is revocable at the will of the City. However, prior to termination or revocation by the City, the City shall provide Licensee with at least sixty (60) calendar days' written notice of termination or revocation. Within thirty (30) calendar days of the effective date of the City's termination or revocation, Licensee is required to remove all Improvements except conduit and restore the Property pursuant to Section 3. If Licensee fails to remove the Improvements within the allotted time, the City may, upon ten (10) days prior written notice to Licensee, remove all or part of the Improvements, restore the Property, and recover the costs of such removal and restoration from Licensee. Licensee waives any right it may have to any claim for damages of any kind incurred as a result of the City's removal of all or part of the Improvements. S. Permits Required. The City's grant of this License does not release Licensee from any of its obligations to obtain applicable local, state, and federal permits necessary to install, construct, operate, maintain, remove, repair, reconstruct, replace, use, and inspect the Improvements. Licensee's failure to comply with this Section 5 shall constitute grounds for immediate revocation by the City. The consideration in Section 2 is in addition to any fees required for applicable local, state, and federal permits. 6. As-Builts. Within sixty (60) days of construction of the Improvements, Licensee shall provide the City with accurate copies of all record drawings and maps showing the horizontal and vertical location and configuration of all located or relocated Improvements within the public right-of-way. These record drawings and maps shall be signed and stamped by a Washington state licensed professional land surveyor, shall be provided at no cost to the City, and shall include hard copies and digital copies in a format specified by the City. As-builts must be on City of Kent horizontal and vertical datum NAVD88 and NAD83/91. Licensee warrants the accuracy of all record drawings and maps provided to the City. Licensee shall provide the City with updated record drawings and maps upon request. 7. Relocation. The term "relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, removing, or converting from aerial facilities to underground facilities. Licensee shall, at its sole cost and LIMITED STREET LICENSE--Page 2 of 11 (between City of Kent and Sprint Communications Company, L.P.) expense, relocate all or a part of the Improvements when required by the City for reasons of traffic conditions or public safety, widening or improvement of existing right-of-way, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. Licensee shall, upon receiving approval and obtaining the necessary permits from the City, have the right to temporarily locate facilities in the portion of right-of-way authorized by the City for the duration of the relocation process. 7.1 For the purposes of this Section 7, any condition or requirement imposed by the City upon itself or any person or entity acting on the City's behalf, (including without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction, or development) that reasonably necessitates the relocation of Licensee's facilities within the right-of-way described in Exhibit A shall be a required relocation for purposes of this section. 7.2 If the City, under its authority, causes a required relocation of all or part of the Improvements, the City, at least sixty (60) calendar days prior to the commencement of the project requiring relocation, shall provide written notice to Licensee of the required relocation and shall provide Licensee with copies of pertinent portions of the plans and specifications for the project. After receipt of the City's notice, Licensee must complete the required relocation of its affected facilities at least twenty (20) calendar days prior to the commencement of the project requiring relocation. Licensee will complete this required relocation at no charge or expense to the City. Further, Licensee's relocation shall be accomplished in a manner that accommodates and does not interfere with the project requiring relocation. When other utilities are present and involved in relocation, the City, in its sole discretion, may attempt to coordinate the relocation of the utilities. 7.3 Licensee may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City at least thirty (30) calendar days prior to the commencement of the project requiring relocation. The City will evaluate those alternatives to determine if any of the alternatives can accommodate the work that would otherwise necessitate the relocation of the Improvements. If requested by the City, Licensee will submit additional information to assist the City in making its determination. In the event the City ultimately determines, at its sole discretion, that no reasonable or feasible alternative exists, Licensee shall relocate its facilities as otherwise provided in this Section 7. 7.4 Notwithstanding the above provisions in this Section 7, the Licensee may seek reimbursement from the City for its actual relocation expenses under either of the following conditions: LIMITED STREET LICENSE--Page 3 of 11 (between City of Kent and Sprint Communications Company, L.P.) 7.4.1 If the City has required the Licensee to relocate these facilities at Licensee's cost within five (5) years of the date of a request for relocation; or 7.4.2 If the Licensee holds an ownership share in the aerial supporting structures (defined as poles or pole-like structures) for its facilities, and if the City requires an aerial to underground relocation of Licensee's facilities, the City will pay the additional incremental costs of undergrounding these facilities compared to an aerial relocation of the facilities, or will pay those costs required in any approved tariff, if less than the additional incremental costs; or 7.5 In the event that a relocation of any of the Improvements is required by any person or entity other than the City, so long as that person or entity is not acting on the City's behalf in conducting any of the activities described in this Section 7, Licensee shall make those arrangements, including compensation for Licensee's relocation cost, that it deems appropriate with that person or entity, and shall obtain all necessary permits for the relocation. 7.6 Notwithstanding all of the above, in the event of an unforeseen emergency that creates an immediate threat to public safety, health or welfare, the City may require the relocation of the Improvements at Licensee's expense. 7.7 The provisions of this Section 7 shall survive the expiration or termination of this License. 7.8 Licensee shall not be responsible for any costs associated with relocation of the City's four inch (4") conduit facilities. 7.9 Licensee shall not erect poles or run or suspend wires, cables, or other facilities in any area without written approval from the City. S. Emergency. In the event of any emergency in which any portion of the Improvements breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply for those permits within the next two (2) succeeding business days. 9. Indemnification. Licensee shall comply with the following indemnification requirements: LIMITED STREET LICENSE--Page 4 of 11 (between City of Kent and Sprint Communications Company, L.P.) 9.1 Licensee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, assigns, and volunteers harmless from any and all claims, actions, injuries, damages, losses, or suits, including all reasonable legal costs, witness fees, and attorney fees, arising out of or in connection with the performance of any of Licensee's rights or obligations granted by this License, except to the extent caused by the negligence or willful misconduct of the City, its employees, agents, contractors, or invitees. 9.2 The City's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indemnification. 9.3 These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, the Licensee shall indemnify and hold the City harmless as provided for in this Section 9 by reason of that settlement. Moreover, if Licensee refuses to defend the City against claims by third parties, Licensee shall indemnify the City regardless of whether the settlement of such claims is made with or without Licensee's consent. 9.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 9 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter) to have been a wrongful refusal, then Licensee shall pay all the City's costs for defense of the action, including all reasonable legal costs, witness fees, and attorney fees and also including the City's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 9 indemnification clause. 9.5 The provisions of this Section 9 shall survive the expiration or termination of this License. 10. Insurance. Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work by Licensee. Licensee also agrees to require the same coverage of its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants, or assigns performing work under the scope of this License and to assure that such coverage is maintained. 10.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: LIMITED STREET LICENSE--Page 5 of 11 (between City of Kent and Sprint Communications Company, L.P.) 10.1.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 10.1.2 Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 10.1.3 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 10.2 Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 10.3 The City, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and shall make its endorsement available for inspection by the Licensor. Licensor waives no rights and Licensee is not excused from performance if Licensee fails to provide Licensor with a paper copy of the endorsement naming the City as an additional insured. 10.4 Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 10.5 Licensee's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice electronically and by United States mail of any cancellation except ten (10) days, if cancelled for non-payment of premium. 11. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 12. Assignment. Licensee shall not assign all or any portion of its rights, benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days prior to the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this License to the trustee for its bondholders LIMITED STREET LICENSE--Page 6 of 11 (between City of Kent and Sprint Communications Company, L.P.) and assign to any subsidiary, parent, affiliate or company having common control with Licensee so long as notice of same is provided to the City within a reasonable period of time following such assignment or mortgage, and provided Licensee remains fully liable to the City for compliance with all terms and conditions of this license until such time as the City shall consent to such assignment as provided above. 13. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this license. 14. Venue and Jurisdiction. This License shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees except as noted in Section 9. 15. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY: LICENSEE: City of Kent Sprint Communications Company L.P. Attn: City Clerk KSOPHTO101-Z2040 220 Fourth Avenue South 6391 Sprint Parkway Kent, WA 98032 Overland Park, Kansas 66251-2040 Attn: Manager, Right of Way With a copy of Notices of Default to: Sprint Legal Department KSOPHTO101-Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Attn: Real Estate Attorney 16. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. LIMITED STREET LICENSE--Page 7 of 11 (between City of Kent and Sprint Communications Company, L.P.) 17. Entire Agreement and Effective Date. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed in this License. This License shall be effective upon the last day executed below (Effective Date). 18. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. This License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE SPRINT COMMUNICATIONS COMPANY, L.P. By: Print Name:SUZETTE COOKE By: Its: Mayor Print Name: Date: Its: Date: PVCivilAFilesVOpen Files\621 Te1cort120WAdiveLicesesASp to prnL License 2013 FINAL doc LIMITED STREET LICENSE--Page 8 of 11 (between City of Kent and Sprint Communications Company, L.P.) STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LIMITED STREET LICENSE--Page 9 of 11 (between City of Kent and Sprint Communications Company, L.P.) STATE OF WASHINGTON ) : ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of as its , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This 8ox- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires LIMITED STREET LICENSE--Page 10 of 11 (between City of Kent and Sprint Communications Company, L.P.) EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LIMITED STREET LICENSE--Page 11 of 11 (between City of Kent and Sprint Communications Company, L.P.) REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other KENT WASHINGTON OPERATIONS COMMITTEE MINUTES February 5, 2013 Committee Members Present: Dennis Higgins and Bill Boyce The meeting was called to order by D. Higgins at 4:06 p.m. 1. APPROVAL OF MINUTES DATED JANUARY 15, 2013. B. Boyce moved to approve the Operations Committee minutes dated January 15, 2013. D. Higgins seconded the motion with concurrence from J. Perry, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORT DATED 1/1/2013 THROUGH 1/15/2013. B. Boyce moved to recommend that the City Council approve the Check Summary Report dated January 1, 2013 thru January 15, 2013. D. Higgins seconded the motion with concurrence from J. Perry, which passed 3-0. 3. BUDGET CERTIFICATION FOR ANNEXATION SALES TAX CREDIT- RESOLUTION (ADOPT). B. Nachlinger introduced the Budget Certification for Annexation Sales Tax Credit. He mentioned that this is an annual process. Each year the City is required to certify the amount needed from the annexation sales tax credit to provide services in the annexed area. The City will notify and request the amount of $3,751,863 from the State for July 1, 2013 through June 30, 2014. B. Boyce moved to recommend that the City Council adopt the resolution, approving the certification of $3,751,863 for the Panther Lake annexation sales tax credit for the period July 1, 2013 through June 30, 2014. D. Higgins seconded the motion with concurrence from J. Perry, which passed 3-0. The meeting was adjourned at 4:11 p.m. by D. Higgins. If Satwinder Kaur Operations Committee Secretary i Parks and Human services Committee Meeting 40 January 17, 2013 KEN• T wasa.a Council present: Chair Debbie Ranniger, Elizabeth Albertson, Dana Ralph Item 1: Minutes of November 15, 2012 - Approve Councilmember Albertson moved to approve the minutes of November 15, 2012. Councilmember Ralph seconded. The motion passed 3-0. Item No. 2: Memo of Understanding for Online Grant Management Services - Authorize Human Services Senior Planner Merina Hanson and Human Services Manager Katherin Johnson, reported that in 2010, the City of Kent joined with 18 cities to provide a common online application for Human Service funding. At that time, this was provided through eCityGov. During the funding cycle in 2010, staff determined there were numerous shortfalls with the product offered through eCityGov and, in collaboration with the other cities, began a search for a better product. The vendor selected offered a superior project and a lower cost. However, due to the timing, it was decided by all of the cities to have eCityGov contract with the vendor for 2011 and 2012. Because of the high administrative cost being charged by eCityGov the cities determined it would be better to have the agreement between Westaff, the vendor, and eCityGov transferred to one of the member cities. Kent volunteered to represent the other cities. The cost savings for Kent will be over $5,000 annually. The attached Memorandum of Understanding with the other participating jurisdictions j describes the mechanism Kent will use to invoice cities for the contracted services based on a prescribed fee schedule. K. Johnson announced that reporting will be a new feature this year. Committee Councilmembers remarked on how much better the process is with one application for multiple agencies. Staff confirmed that the other cities will have a cost savings as well. Parks Director Jeff Watling acknowledged Merina and Katherin for their proficiency in transitioning from the old system to the new online system last year. He gave them credit for taking on the management of the system and representing the 18 other local cities. MOTION: Councilmember Ralph moved to recommend authorizing the Mayor to sign the Memo of Understanding with IS suburban cities for online grant management services. Councilmember Albertson seconded. The motion passed 3-0. Page 1 Item No. 3: Addendum to Transfer "Go Grants" Online subscription service Agreement - Authorize Human Services Senior Planner Merina Hanson and Human Services Manager Katherin Johnson stated that this item involves the 18 cities as the Human Services Funders Collaboration to provide a common online application for human service funding. At that time, this service was provided through eCityGov. During the funding cycle in 2010, staff determined there were numerous shortfalls with the product offered through eCityGov. In collaboration with the other cities, staff began a search for a better product. The vendor selected offered a superior project and a lower cost. The cost savings for Kent will be over $5,000 annually. However, due to the timing, it was decided by all of the cities to have eCityGov contract with the vendor for 2011 and 2012. Due to the high administrative cost being charged by eCityGov, the cities determined it would be better to have the agreement between Westaff, the vendor, and eCityGov, transferred to one of the member cities. Kent volunteered to hold the contract. The attached agreement amendment transfers the contract between Westaff and Bellevue/eCityGov to the city of Kent. The other participating cities will pay their portion of the fees to Kent on an annual basis. The fee structure is based on the size of the city. MOTION: Councilmember Albertson moved to recommend authorizing the Mayor to sign the addendum to the "Go Grants" Online subscription service Agreement to transfer contract management to the City of Kent. Councilmember Ralph seconded. The motion passed 3-0. Item No. 4: Recreation and Conservation Office Grant Agreement - Authorize Parks Director Jeff Watling reported that this grant will be used to acquire .91 of an acre that will eventually be developed into a park with the existing 133 acres at Clark Lake Park. This Recreation and Conservation Office Grant Agreement (RCO) Washington Wildlife and Recreation Program grant funds the acquisition of property to add to the Clark Lake Park assemblage. And, along with a King County Conservation Futures grant that was already awarded, this acquisition will be fully funded. Chair Ranniger asked if the RCO is considering changing the policy to allow some of the program dollars to pay for maintenance. Parks Director Watling said there has been preliminary discussion about funds going to development and re-development. The Council Committee members were in agreement to support the purchase for this assemblage, but not to purchase new property if there are no funds to develop it. Watling confirmed that the Parks Department is in the business of taking care of what we have. MOTION: Councilmember Ralph moved to recommend authorizing the Mayor to sign the grant agreement with the Recreation and Conservation Office for $125,120.00 to assist funding land acquisition at Clark Lake. Councilmember Albertson seconded. The motion passed 3-0. Page 2 Item No. 5: 2012 Fourth Quarter Report - INFO ONLY Parks Director Watling thanked the Committee Councilmembers for their support in making these investments programmatically, as well as investments in our public spaces. Community Centers The participation and usage of the city's three community centers has been very strong; Senior Center Holiday Craft Market, with 70 vendors and over 2,000 shoppers, Kent Commons had 54,000 visitors during the fourth quarter, and the Kent Community Center at Phoenix has in partnership with the Kent School District had 50% increase, with 26,000 youth visits. Brian Stewart and his team provided a great mix of activities and programs. Christmas Fun Run The 5K and 10K Christmas Rush Fun Run experienced another record year with 2,600 registered runners and walkers. For the first time, we had a primary sponsor with Multi Care. Tab Wizard has been a significant sponsor, funding youth in the community to participate in the race. Road Runner has been a long time sponsor and hosted a pre race day pick up at their store where 850 race packets were issued. Parks Director Watling complimented Mark Hendrickson, Cultural Program Coordinator, for his creativity and coordination skills in managing another successful run. W i nterfest The Lions Club did a great job again this year sponsoring Winterfest. They are a great partner with the city. A key part to this event is the holiday lights and the Park Operations crew must be thanked for that. Kent Downtown Partnership is interested in having even more lights next year. Contributions Report The fourth quarter contributions report reflects $32,860.00 in contributions during the fourth quarter. The total for 2012 was $109,000. That number surpasses the $75,000 received in 2011. Jeff gave staff accolades for thinking outside the box programmatically, and aligning with our partners and the community. Councilmember Albertson said it takes staff to make these things happen and these events bring in high value to the city. Item No. 6: Director's Report - INFO ONLY Parks Director Watling shared that he and David Heldt, Athletic Program Coordinator at Kent Commons, will be travelling to Oregon on January 26`", to bid on the ASA Fast Pitch Western National Tournament, scheduled for 2015. Edgar in Multi Media is developing a video that includes local partners and representatives from local hotels and restaurants. KaBoom recommended Kent again this year for sponsorship on another park renovation. If awarded, the project will be a park renovation at Turnkey Park. Staff is very pleased with the strong, continuing relationship with KaBoom. The award will be announced next week. Page 3 The 2013 You Me We event is on March 1, from 6pm - 9pm at ShoWare. Our Youth and Teen staff and committee have been very busy planning another successful event. The vendor list is full with a waiting list. Radio Disney is very excited to participate this year. Parks Director Watling announced two big policy items that he feels are worthy topics of discussion at future Parks and Human Services Community meetings: Capital Reinvestment needs. Review the possibility of forming a Parks and Recreation Commission. This would allow staff to have a direct communication with citizens on a more formal basis. Park Stewardship. Develop a framework to have discussions on how we can assess our parks. The parks need to be analyzed; to see what size park system we can afford, which parks function well. We need direction and steps to move forward. Chair Ranniger and Committee Councilmembers Elizabeth and Ralph agreed with the direction of these topics. Chair Ranniger adjourned the meeting at 5:30 p.m. Respectfully submitted, Teri peel-ale Council Committee Secretary Page 4 KENT ECONOMIC & COMMUNITY DEVELOPMENT COMMITTEE MINUTES February 11, 2013 Committee Members Committee Chair Jamie Perry, Deborah Ranniger, Bill Boyce. Committee Member Higgins attended for Ranniger. Perry called the meeting to order at 5:30 p.M. 1. Approval of Minutes Committee Member Boyce Moved and Committee Member Higgins Seconded a Motion to approve the January 14, 2013 Minutes. Motion PASSED 3-0. 2. Countywide Planning Policies (CPPs)-Ratification Planning Manager Charlene Anderson stated that this is the first major update since adoption of the CPPs. An affordable housing issue was resolved in June 2012. Policies now include countywide recognition of the need for affordable housing rather than requiring that individual jurisdictions meet specific targets. Policies include strategies that individual jurisdictions can use to help with the countywide need. Anderson stated that individual jurisdictions are required to conduct annual inventories for their specific needs. Anderson stated that after adoption of the CPPs in 2011, the County debated the issue of school siting criteria. She stated that four Kent school sites are located in rural areas. Policy states that schools should be located in urban growth areas rather than rural areas. Anderson stated that policies have environmental sustainability as a foundational principle. Policies promote economic growth and job creation, integrate public health with land use, foster social equity and environmental justice, focuses on a urban and manufacturing/industrial centers based approach to growth while protecting rural and resource land. Policies support jurisdiction appropriate strategies for housing affordability, provide for monitoring and benchmarking, and promote countywide collaboration. Committee Member Higgins Moved and Committee Member Boyce Seconded a Motion to recommend to the Full Council ratification of the King County Countywide Planning Policies (CPPs) approved under Growth Management Planning Council (GMPC) Motions No. 11-1 and 12-1 through 12-5 adopting a comprehensive update of the CPPs, policies related to school siting and housing, and amendments to potential annexation areas and the Urban Growth Area. Motion PASSED 3-0. 3. Landscaping Regulations Code Amendments Kent City Code (KCC) 15.07 Planner Katie Graves stated that these proposed updates are to KCC Chapter 15, Landscaping Regulations with associated amendments to the Definitions Sections 15.02.086, 15.02.172, and 15.02.274. These amendments are necessary in order to modernize the code, incorporate low impact development, bring the code up to date with current trends and landscaping in the industry, and provide clarity where we found there has been confusion in the past. Graves stated that the amendments reflect interdepartmental collaboration with the incorporation of comments from the Public Works Environmental Engineering and the Parks Department, as well as incorporation of two public comments received at the public hearing. Graves stated that most of the amendments are minor but that more substantial amendments relate to the incorporation of low impact development techniques and soil amendments. Plant standards were revised to reflect industry standards and reference American Standard for Nursery Stock (ANSI) Standards. Maintenance requirements were improved to allow the City to require landscape bonds when necessary. Sections of Code have been reorganized for ease of use. A chart has been added to better reflect landscaping requirements for specific zoning districts. The LUPB recommended approval of all amendments. ECDC Minutes Febmary11,2013 Page 1 of Committee Member Boyce Moved and Committee Member Higgins Seconded a Motion to recommend to the City Council approval of amendments to KCC 15.07, Landscaping Regulations, with related amendments to definitions in 15.02.086, 15.02.172 and 15.02.274 as recommended by the Land Use & Planning Board. Motion PASSED 3-0. 4. Economic Development Report Economic and Community Development Director Ben Wolters stated that Auburn's Valley RV recently decided to purchase the former Bret Chevrolet site on Washington Avenue. Valley RV's annual sales volume is approximately 10 million dollars translating to roughly $100,000 in sales tax revenue for the City. Valley RV anticipates expanding their business and Kent is exploring opportunities for them to cross-promote and even work with ShoWare Center. Wolters reported that a consultant group presented a positive report to Green River Community College regarding the Kent City Center student housing feasibility study. The expectation is that approval will be given to move ahead with this housing project. The Committee will be updated over the coming weeks on the status of Goodman Development moving forward with that project. Wolters stated that Seattle City Council will vote on March 51h on a memorandum of agreement to market Kent and Seattle's adjacent properties (the Kent Highlands property) with the anticipation to launch that marketing effort on March 11. Wolters stated that Kent has received favorable review for the 1.5 million dollar capital request for the bike spur to connect the interurban trail with the cluster of outdoor recreational bicycle companies near REI along 2241h. Ben showed a clip from a televised Ad that ran as part of a promotion for 'the Love on Ice' Series held at ShoWare Center. The Ad highlighted the City of Kent's assets and captured over 1.5 million viewers nationwide. The Lodging Tax Advisory Committee funded $30,000 towards the production of this Ad as part of their expanded support for ShoWare. NBC provided the production and Mr. Agusto volunteered his time. Wolters stated that the REI outdoor recreation cluster is being explored through the Economic Development Strategy, through Community Attributes research, and through ongoing communications with REI's Government Relations Manager with anticipation of a more formal rollout coming out of the Economic Development Strategy. Wolters reported that the Kent Reporter headlined the accumulative ongoing losses with ShoWare Center in their Friday publication. The City reported to the Public Facilities District that the City's cumulative deficit was just over two-million dollars for 2009-2012. During those four years Kent collected roughly 2.4 million dollars in admissions and sales taxes from ShoWare which added up to 100 million dollars pumped back into Kent's economy. Wolters voiced optimism that there could be some change in the direction of the operating deficit with the City Council's decision to adopt some of the recommendations from SMG, ShoWare's building operator and the Seattle Thunderbirds. Tim Higgins represented ShoWare at an annual event of concert promoters in Los Angeles garnering attention that will hopefully translate to more concerts. Informational Only Adiournment Committee Chair Perry adjourned the meeting at 6:15 p.m. Pamela Mottram, Secretary Economic & Community Development Committee PIAPlanningAECDCA2013\MlnutesV01-1413_DaftMln.doc ECDC Minutes Febmary11,2013 Page 2 of KENT CITY OF KENT PUBLIC SAFETY COMMITTEE MEETING MINUTES February 12, 2013 COMMITTEE MEMBERS. Les Thomas, Dana Ralph, and William Boyce, Chair. The meeting was called to order by Council Chair William Boyce at 4:33 p.m. Changes to the Agenda New item #4 added to the agenda Washington Traffic Safety Equipment Grant. 1. Approval of Minutes Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to approve the January 8, 2013 minutes. Motion PASSED 3-0. 2. Washington Auto Theft Prevention Authority Grant Debra Leroy with the Kent Police Department presented information regarding the Patrol Auto Theft Prevention Task Force grant from Washington Auto Theft Prevention Authority in the amount $15,500 which supplements current grants. The funds will be used to purchase additional investigative equipment and to pay for public outreach messages on how to prevent auto thefts. Videos will be run at the Kent Station AMC Theater among others. After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED a Motion to recommend that Council accept the Washington Auto Theft Prevention authority Grant in an amount of $15,500, authorize amending the budget and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. Motion PASSED 3-0. 3. Washington Transportation Safety Committee DUI Media Buys - Grant Debra Leroy with the Kent Police Department presented information regarding the Washington Traffic Safety Commission Grant received for Driving under the Influence Media Grant in the amount of $5,000. Grant funds will be used to purchase public outreach messages to Target Zero and Traffic Enforcement emphasis activities taking place this summer. Sara Wood, the Target Zero manager will work with a steering committee to prepare the messages. Councilmember Ralph asked what type of media will be prepared. Debra Leroy indicated that there are no limitations on the type of media, but in the past they have purchased television and radio advertisements. After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to recommend the Council accept the Washington Traffic Safety Commission DUI Media Grant in an amount of $5,000, authorize amending the budget and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. The Motion PASSED 3-0. 4. Washington Traffic Safety Equipment - Grant Debra Leroy with the Kent Police Department presented information regarding the Washington Traffic Safety Equipment grant received by the police department from the Washington Association of Sheriffs and Police Chiefs. The police department applies for this grant every year which supplements the traffic unit's equipment. The $7,930 will purchase lidar, radar, and i Sector scanners and printers. Sector is the State's automated system for collecting data on collisions and citations which allows the officers to work more efficiently in the field. Councilmember Ralph asked how many traffic cars are equipped with the Sector equipment. Sergeant Constant advised that all traffic vehicles are currently equipped and they are currently in the process of equipping motorcycles. After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED a Motion to recommend the Council accept the Washington Association of Sheriffs and Police Chiefs Traffic Safety Equipment Grant in an amount of $7,930, authorize amending the budget and authorize expenditure of the funds in accordance with the grant terms acceptable to the police chief and city attorney. The Motion PASSED 3-0. S. Ordinance amending KCC 5.01.020 of the Business License Chapter Deputy City Attorney, Pat Fitzpatrick, presented information regarding the ordinance amending KCC 5.01.020 of the Kent City Code, entitled "Business Licensing." The City recently went through business licensing ordinance reform and needed to clean up the Kent City Code relating to the STAR program to fit into business licensing. A lot of the STAR program provisions are now located in the business licensing code. During the business licensing code reform process, discrepancies were found in the business licensing code and rental housing code. Business licensing code called for a business license for three units or more, but we have always required a license for two or more units. This ordinance defines rental properties as rental housing facilities of two or more dwelling units. After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to recommend adoption of the ordinance amending Section 5.01.020 of the Kent City Code, entitled, "Definitions," to make the definition of "business" consistent with the definition of "rental property" in Chapter 5.14. The Motion PASSED 3-0. 6. Ordinance amending KCC 5.14, entitled "Rental Housing Safety." Deputy City Attorney, Pat Fitzpatrick, presented information regarding the ordinance amending 5.14 of the Kent City Code, entitled "Rental Housing Safety." This program was developed a number of years ago to help the city influence the safety of rental housing by creating a system that penalizes property owners who stand idle when crime repetitively occurs on their property. Additionally, if they maintain a nuisance on their property, they pay an additional fee when renewing their business licensing fee._ Finally, if they have_a nuisance, an_d_the city goes through the legal process to get rid of the nuisance and the business does not get rid of the nuisance, they are not permitted to renew their business license. In conjunction with the Rental Housing Safety, the city created the STAR program that creates an incentive for property owners to deal with conduct and tenants on their property. If they are a STAR member, they don't' pay business license fee. If criminal activity repetitively occurs on their property and they are trying to deal with it, STAR members are not penalized for it. There are two aspects to program: A Crime-free housing addendum is required to be attached to every lease that they enter with tenants. This has been a very successful tool that property owners appreciate. Additionally the program requires background checks for people working on the property. There are currently three tiers to STAR program. This ordinance will simplify the program so that you are a STAR member or you are not. This will help police staff administer the program. Public Safety Committee Minutes February 12, 2013 2 After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to recommend adoption of the ordinance amending Chapter 5.14 of the Kent City Code, entitled, "Rental Housing Safety" to simplify the STAR program, and to clarify that the business license requirements and fees set forth in Chapter 5.01 KCC apply to rental properties. The Motion PASSED 3-0. 7. Ordinance amending KCC 9.02.190 — Disorderly Conduct Deputy City Attorney, Pat Fitzpatrick, presented information regarding the ordinance amending KCC 9.02.190, entitled "Disorderly Conduct." The police department requested this revision. The current code indicates that if you engage in conduct that blocks traffic, you can be charged with a crime. Kent's code was created years ago with a provision unique to our city. Disorderly Conduct is a crime, but if you are engaged in a constitutionally-permitted behavior, it is not a crime, i.e., striking and protesting. Pat Fitzpatrick believes that protestors/picketers are starting to use that provision of the code to refuse to negotiate an amicable resolution to their issue. Recently, labor strikers blocked businesses where traffic backs into roadway making drivers angry. Police try to negotiate. Protestors are using this to say "it's my constitutional right" and it's trumping the police officer's duty to create a safe environment. This amendment creates a balance so that we consider constitutional rights, but also allow for what is primary to the police officers on scene - to create a safe environment. The current amendment will create a balance - if you want to assert your constitutional right, then get a court order. During a recent strike at Davis Wire, Pat Fitzpatrick spent hours and hours with the property owner and Teamster's to try to come to a resolution. They would not budge and told us to take them to court to get them out of the roadway. They were referencing our code section as the basis prohibiting the city from taking action. This code amendment will put the responsibility on the businesses and strikers to obtain a court order that states their constitutional right trumps the city's duty to protect the public. These code amendments will promote the free flow of traffic on public streets and sidewalks, and in protecting the property rights of citizens. Councilmember Ralph wanted clarification regarding the process of standing for a minute and then moving on. Pat Fitzpatrick indicated that a business took Teamsters to court to try to get Teamsters from blocking their driveway. The city was not involved. There was some type of agreement that the strikers would have two minutes to block the driveway. It did not take into consideration the safety issue._ There-has now been an assumption in the protesting community that they have the right to sit for two minutes. The Davis Wire issue was on an off street where there was very little traffic. The current protest is on Washington Ave and people don't understand the two minute rule and the drivers are impatient. The Kent Police Department is very well informed on striker's rights, but they do not have any ability to negotiate a safe resolution with the current provisions of the code. Councilmember Thomas voiced concerns over requiring a court order when there is a constitutional right. Pat Fitzpatrick advised that the resolution is that the police officer would arrive on scene, suggest that we understand they are picketing and there is a right to free speech and certain labor rights, and we don't want your rights to be trampled on, let's be reasonable. Walk across and get out of the way to let this five ton truck through and then when they get through, walk back across, your message has been sent. Even though officers try to negotiate a resolution, they are told "NO" look at your code. Public Safety Committee Minutes February 12, 2013 3 Councilmember Ralph indicated that we need to clarify that the intent of this amendment is not to prevent protest. The intent of this amendment is not to provide the police department with a tool to stop that from happening. Pat Fitzpatrick confirmed that there is no interest in preventing protest. The purpose is to be in a better position to negotiate a safer resolution. After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED a Motion to recommend adoption of the ordinance amending Chapter 9.02.190 of the Kent City Code, entitled, "Disorderly Conduct." The Motion PASSED 3-0. S. Ordinance amending KCC 9.02.200, "Public Disturbance." Deputy City Attorney, Pat Fitzpatrick, presented information regarding the ordinance amending Section 9.02.200 of the Kent City Code, entitled, "Public Disturbance," in light of recent case law. This ordinance is a noise ordinance; honking horns, screaming late at night. A recent Court of Appeals case indicated that our code needs to change. The court ruled that is was unconstitutional to cite a woman for honking her horn, unless she was honking it in a way that unreasonably disrupts people. Our code qualified every act of disorderly conduct as "unreasonably disturbs," except the honking the horn section. This amendment qualifies that you are only committing disorderly conduct if you honk your horn in an unreasonable manner. The only other amendment was changing the time for making a lot of noise on the streets from 11:00 to 10:00 PM. After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to recommend adoption of the ordinance amending Chapter 9.02.200 of the Kent City Code, entitled, "Public Disturbance." The Motion PASSED 3-0. 9. Ordinance Amending KCC 9.36.020, "Inattentive Driving" Deputy City Attorney, Pat Fitzpatrick presented information regarding the Ordinance amending KCC 9.36.020, "Inattentive Driving." There is an infraction, Negligent Driving - Second Degree, that can be charged on public or private property that is open to the public. The Kent City Code's "Inattentive Driving" section is a little less than Negligent Driving and can only be charged for people that commit the infraction on a street. This code amendment allows the City to charge Inattentive Driving on either private or public property. Councilmember Ralph wanted clarification if this is the same as distracted driving. This is not an infraction under the State driving code and does not go on the violator's driving record or affect their insurance. Driving while texting can be charged under this infraction. After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED a Motion to recommend adoption of the ordinance amending Section 9.36.020 of the Kent City Code, entitled, "Inattentive Driving," that permits citing violations occurring in areas open to the public, but which are privately maintained in addition to increasing the penalty making it more consistent with penalties in neighboring jurisdictions. The Motion PASSED 3-0. Public Safety Committee Minutes February 12, 2013 4 10. Medic One/EMS Resolution Fire Chief, Jim Schneider, of the Kent Fire Department Regional Fire Authority presented information regarding a motion recommending the council adopt a resolution supporting the King County Medic One levy. This shows the City of Kent's support of the advanced support levy. The current levy expires December 31, 2013. The proposed levy begins January 1, 2014 and is a six-year levy, expiring December 31, 2019. An EMS task force put the levy together. The current levy is $0.030/$1,000 of assessed value. The proposed levy is $0.0335/$1,000 of assessed value. The difference is the drop in assessed property value. State law requires the City approve the levy. Councilmember Thomas wanted Deputy City Attorney Pat Fitzpatrick to advise if it is ok for himself and Councilmember Boyce to vote on this issue due to the fact that they both are members of the Regional Fire Authority Governing Board. Pat Fitzpatrick advised that there is no problem with the two of them voting. After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to recommend adoption of the Resolution supporting the Medic One/Emergency Medical Services Levy, confirming the City of Kent's support of the Levy. Councilmember Boyce excused himself and Councilmember Thomas took over as Chair. 11. Civility Laws — Information Oniv Assistant City Attorney David Galazin presented information on the preservation of our open public spaces. The idea is encapsulated, in part, in Section 4.01.150 of the Kent City Code. Use of public spaces should be open to everyone. Currently, activities are taking place that prohibits the enjoyment and use of facilities by other members of the public which discourages people from using the facilities. Parks does not have any enforcement power, so the police are brought in. Police prefer to exclude people from facilities. David Galazin presented a conceptual framework for an ordinance amending KCC 9.02.230 with the addition of exclusion from public facilities. This ordinance addresses repeat violators and provides for exclusion from all public facilities if behavior is taking place at multiple public facilities throughout the city. The last change would add the concept of public facility assemblage. There would be no provision for preventing loitering. The ordinance would identify prohibit activities including any felony crimes, misdemeanors, except traffic offenses, and parks rules that are civil infractions. Harassment and public disturbance activities, could lead to exclusion. Parks and police would like to solicit input and further direction on what should be included and or addressed in this ordinance. Councilmember Ralph indicated that this ordinance does not target any individual group of people. She indicated that we should move forward with this ordinance if the police department feels this will be an effective tool to help them deal with activities. Councilmembers Thomas and Ralph would like to review the ordinance and receive additional input. Public Safety Committee Minutes February 12, 2013 5 i Public Comment: Pat Crockett owns the Creamery Building 1s' and West Meeker, Kent She would like the City to include First street in the public space because people do activities in those areas such as fighting and urinating. People are being fed in front of her business and leave trash in their parking lot. David Galazin advised that the exclusions are civil process and not criminal, we are limited in exclusion from public facilities and not public right-of-way. Sarah Davidson 24277 141" Place S.E. Kent, WA 98042 is a representative from Kent Hope. Kent Hope is working on trying to get a shelter in Kent. Kent Hope is in support of the civility laws. They are willing to provide portable restrooms for these people that need help. Councilmember Thomas asked Jeff Watling to respond to Ms. Davidson's request for portable restrooms. Jeff Watling indicated that there are currently quite a few public restrooms including locations at Kent Square Plaza, Library, City Hall, and Kent Station. Linda Stockham — 5621 S 234th Street, Kent, Washington and represents Kent Lutheran. They are having serious problems with urination and defecation on their private property. 12. School Zone Traffic Safety Cameras Sergeant Robert Constant presented information updating the committee on the school zone traffic safety cameras. A group met with two vendors and received a structure of the product available. Follow-up meetings were held to discuss what this program would look like. Next process is to send RFP to vendors that can provide service we are requiring. After RFP, identify schools and have feasibility study done. An ordinance and contract will need to be prepared. Finance is also involved. Implementation planned for the fall (September) with a live enforcement after the 30-day required window (October). Over the past few years, through the Safe Route to Schools Program, the police department has identified schools with problems that need enforcement and education. Sergeant Constant presented information regarding resource management and are working on the process to determine how the city will proceed. Councilmember -Ralph--wants to make sure that this_program_does not have any detrimental impacts and that any funds generated go back into traffic and safety. The city of Renton has seen a 62% reduction in violations after the 1st year. The City of Des Moines has seen an 82% reduction in pilot program. Councilmember Ralph indicated that this a safety issue. 13. Human Trafficking (Domestic Sex) Commander, Eric Hemmen presented information regarding Human Trafficking. Human Domestic Sex Trafficking is a recruitment and transportation of a person by the threat or use of force or other forms of coercion for the purpose of forcing them into prosecution. The city of Kent Police Department has one detective in the special investigative unit who is also part of the FBI s Innocence Lost Task Force. The Innocence Lost Task Force interviews victims of Human Trafficking, gets them away from the lifestyle and develops the cases to prosecute the suspects. We are currently trying to get a second member of the special investigative unit onto the task force. Public Safety Committee Minutes February 12, 2013 6 Clear Channel has donated space on 13 digital billboards, 2 of their stationary billboards, metro buses and radio. The messages are translated in eight different languages. Councilmember Ralph indicated she was not aware of the magnitude of this problem. She is impressed at how Kent has been involved in this issue and hopes that the Clear Channel billboards will bring additional community awareness that the community needs to address. Adiournment Councilmember Thomas adjourned the meeting at 5:48 p.m. ! ti s Kim A. Komoto Public Safety Committee Secretary Public Safety Committee Minutes February 12, 2013 7 PUBLIC WORKS COMMITTEE Minutes of Monday, February 4, 2013 COMMITTEE MEMBERS PRESENT: Committee Chair Elizabeth Albertson and Committee members Dana Ralph and Dennis Higgins were present. The meeting was called to order at 4:07 p.m. Item 1 — Approval of Meeting Minutes Dated January 14, 2013: Committee member Ralph MOVED to approve the minutes of January 14, 2013. The motion was SECONDED by Committee member Higgins and PASSED 3-0. Item 2 - King County Solid Waste — Interlocal Agreement: Gina Hungerford, Conservation Coordinator gave an informative PowerPoint presentation giving an overview of the Amended and Restated Solid Waste Interlocal Agreement (ILA) between the city of Kent and King County. The existing ILA is set to expire in 2028; Metropolitan Solid Waste Management Advisory Committee (MSWMAC) goal of extending the ILA to expire in 2040 to provide the best service to residents and businesses at the lowest cost. The twelve year extension facilitates use of 20 year bonds to finance the reconstruction of transfer stations the county and cities committed to in the 2007 Solid Waste Transfer System Plan this extension will also help keep rates lower. Other revisions in the ILA reflect changes in environmental laws, expand the participating cities' role in system planning through MSWMAC, mitigate liability risks to all parties, address governance issues, and provide for a process to address the future closure of the Cedar Hills Landfill. Committee member Higgins MOVED to authorize the Mayor to sign the Amended and Restated Solid Waste Interlocal Agreement to extend the original Agreement between King County and the City of Kent, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Ralph and PASSED 3-0. Item 3 — Contract/AmTest, Inc. — Routine Bacteriological Water Sample Collection: Sean Bauer, Water Quality Supervisor gave a PowerPoint presentation giving an overview to committee members of why, how, where, and how often water quality sampling is performed. Committee member Ralph MOVED to recommend Council authorize the Mayor to sign a Goods and Services Agreement with AmTest, Inc. for routine bacteriological water sample collection in an amount not to exceed $23,865.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. The motion was SECONDED by Committee member Higgins and PASSED 3-0. PUBLIC WORKS COMMITTEE Minutes of Monday, February 4, 2013 Item 4 — Information Only/Green River Levee - Update: Mike Mactutis, Environmental Engineering Manager provided an update on the Briscoe Desimone levee and reviewed for the committee the PowerPoint prepared by Dr. Robert Gilbert and presented at the January 23, 2013 Executive Committee meeting of the King County Flood Control District (KCFCD). The committee was also briefed on the issues to be discussed at the upcoming KCFCD Executive Committee meeting to be held on February 7, 2013. No Motion Required/Information Only The meeting was adjourned at 5:03 p.m. Cheryl Viseth Council Committee Recorder EXECUTIVE SESSION 1) Labor Negotiations, RCW 42.30.140(4)(a) ACTION AFTER EXECUTIVE SESSION