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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/05/2013 CITY OF KENT ����J ii/i iIJ✓/r >/ r rah' l/r % /��//; City Council Meeting Agenda �. March 5, 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 5, 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. Gaming Les Thomas 30 minutes 2. Council Retreat Dennis Higgins 30 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. Intergovernmental Report 5. PUBLIC HEARINGS A. Local Improvement District 364 - SE 256th Street Road Improvements, Kent Kangley Road to 116th Avenue SE 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meeting and Workshop - Approve B. Payment of Bills - None C. 2013 City Art Plan and Five-Year City Art Plan - Approve D. 2012 Consolidated Annual Performance and Evaluation Report - Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED E. Fee-in-Lieu Funds — Accept F. King County Youth Sports Facility Grant Agreement for Green Tree Park — Accept G. 2013-2014 Forterra Contract for Green Kent Partnership — Authorize H. Carpinito Watermain Extension, Bill of Sale — Accept I. Meridian Valley Creek Enhancements Project — Accept as Complete S. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, RCW 42.30.110 (b) B. 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) Intergovernmental Report KENT Agenda Item: Public Hearings — 5A TO: City Council DATE: March 5, 2013 SUBJECT: Local Improvement District 364 — SE 256th Street Road Improvements, Kent Kangley Road to 116th Avenue SE MOTION: Move to close the public hearing and adopt Ordinance No. authorizing the formation of Local Improvement District No. 364, SE 256th Street Road Improvements, Kent Kangley Road to 116th Avenue SE. SUMMARY: This date has been set for a public hearing and consideration of an ordinance that establishes Local Improvement District (LID) 364, SE 256th Street Road Improvements, Kent Kangley Road to 116th Avenue SE. The City was successful in obtaining a $2 million grant from the Washington State Transportation Improvement Board for the repair, widening and upgrading of SE 256th Street between Kent-Kangley Road and 116th Ave. SE. The grant was awarded in 2006 and is in jeopardy of being rescinded if the project does not break ground before July 1, 2013. The City has been aware of traffic congestion on this section of SE 256th Street and it has been on our 6-year TIP for over a decade waiting funding. The project will construct sidewalks; bike lanes and a center left turn lane. Also included are construction of curb and gutter, storm drainage and storm detention, street lighting, undergrounding of electrical facilities and landscaping. Traffic signals will also be modified and upgraded as necessary. A Local Improvement District (L.I.D.) is being proposed to help fund the project with the benefiting properties being assessed a share of the project cost. EXHIBITS: Ordinance, City Council Memorandum dated February 5, 2013, map and letters, emails from citizens RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The project cost estimate is approximately $7.0 million. We hope to form an L.I.D. for approximately $2 million. With the $2 million grant, the City share would be approximately $3 million, which would be funded using $1-million from Transportation Impact Fee Collections, $1-million of drainage funds to deal with stormwater, and $1-million from the newly adopted B&O fees to pay for new pavement. Without the L.I.D. the City share would be $5 million. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, ordering the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256ch Street from Kent- Kangley Road to 116ch Ave SE, all in accordance with Resolution No. 1869 of the City Council; establishing Local Improvement District No. 364 and ordering the carrying out of the proposed improvements; providing that payment for the improvements be made in part by special assessments upon the property in the District, payable by the mode of "payment by bonds;" and providing for the issuance and sale of local improvement district warrants redeemable in cash or other short-term financing and local improvement district bonds. RECITALS A. Pursuant to Resolution No. 1869 adopted February 5, 2013, the City Council declared its intention to order the construction or installation of curbs, gutters, sidewalks, driveways, a two-way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent-Kangley Road to 116th Ave SE, and fixed March 5, 2013, at 7:00 p.m., local time, in the council chambers of City Hall as the time and place for hearing all matters relating to the proposed improvements and all 1 LID 364 Formation Ordinance comments thereon and objections thereto and for determining the method of payment for the improvements; and B. The City's Public Works Director caused an estimate to be made of the cost and expense of the proposed improvements and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvements, a description of the boundaries of the proposed local improvement district and a statement of what portion of the cost and expense of the improvements should be borne by the property within the proposed district; and C. That estimate is accompanied by a diagram of the proposed improvements showing thereon the lots, tracts, parcels of land, and other property which will be specially benefited by the proposed improvements and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property; and D. Due notice of the above hearing was given in the manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, and all persons appearing at such hearing and wishing to be heard were heard; and E. The City Council has determined it to be in the best interests of the City that the improvements as hereinafter described be carried out and that a local improvement district be created in connection therewith; NOW, THEREFORE, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 LID 364 Formation Ordinance ORDINANCE SECTION 1. The City Council of the City of Kent, Washington, orders the improvement of the properties within the area described in Exhibit A, attached hereto and by this reference made a part hereof, by the construction or installation of curbs, gutters, sidewalks, driveways, a two- way left turn lane, bike lanes, street lighting, landscaping, erosion control, undergrounding of overhead electrical facilities, storm water management facilities, utility adjustments and relocations and necessary appurtenances all relating to the overall project of widening to 3 lanes on SE 256th Street from Kent-Kangley Road to 116th Ave SE. All of the foregoing shall be in accordance with the plans and specifications therefore prepared by the City's Public Works Director, and may be modified as long as such modification does not affect the purpose of the improvements. There is created and established a local improvement district to be called Local Improvement District No. 364 of the City of Kent, Washington (the "District'), the boundaries or territorial extent of the District being more particularly described in Exhibit A, attached hereto and by this reference incorporated herein. The improvements are described in Exhibit B. SECTION 2. The total estimated cost and expense of the improvements is declared to be $7,000,000. Approximately $5,000,000 of which cost and expense shall be paid by the City and/or by grants and the balance thereof (an estimated $2,000,000) of the cost and expense shall be borne by and assessed against the property specially benefited by such improvements included in the District, which embraces as nearly as practicable all property specially benefited by such improvements. SECTION 3. In accordance with the provisions of RCW 35.44.047, the City may use any method or combination of methods to compute assessments that may be deemed to more fairly reflect the special benefits to the properties being assessed than the statutory method of assessing the properties. 3 LID 364 Formation Ordinance SECTION 4. No property, any portion of which is outside the District, may connect to those improvements constructed or made a part of such District unless either that property shall have been subject to the special assessments on the assessment roll for that District or the owners of that property shall have paid prior to such connection a charge in lieu of assessment, which shall be at least the equivalent of those assessments that would have been applied to that property had it been included within that District. SECTIONS. Local improvement district warrants may be issued in payment of the cost and expense of the improvements herein ordered to be assessed, such warrants to be paid out of the Local Improvement Fund, District No. 364, hereinafter created and referred to as the Local Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the City's Finance Director, as issuing officer, and to be redeemed in cash and/or by local improvement district bonds herein authorized to be issued, such interest- bearing warrants to be hereafter referred to as "revenue warrants." In the alternative, the City hereafter may provide by ordinance for the issuance of other short-term obligations pursuant to chapter 39.50 RCW, or for interfund loans. If the City shall authorize expenditures to be made for such improvements (other than for any cost or expense expected to be borne by the City) prior to the date that any short-term obligations or local improvement district bonds are issued to finance the improvements, from proceeds of interfund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside to pay the cost of the improvements herein ordered to be assessed against the property specially benefited thereby, the City declares its official intent that those expenditures, to the extent not reimbursed with prepaid special benefit assessments, are to be reimbursed 4 LID 364 Formation Ordinance from proceeds of short-term obligations or local improvement district bonds that are expected to be issued for the improvements in a principal amount not exceeding $7,000,000. The City is authorized to issue local improvement district bonds for the District that shall bear interest at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder or other short-term obligations hereafter authorized and not redeemed in cash within twenty (20) days after the expiration of the thirty- day period for the cash payment without interest of assessments on the assessment roll for the District. The bonds shall be paid and redeemed by the collection of special assessments to be levied and assessed against the property within the District, payable in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of "payment by bonds," as defined by law and the ordinances of the City. The exact form, amount, date, interest rate, and denominations of such bonds hereafter shall be fixed by ordinance of the City Council. Such bonds shall be sold in such manner as the City Council hereafter shall determine. SECTION 6. For the purpose of paying all or a part of the costs of carrying out the improvements within the District pending the receipt of the proceeds of the issuance and sale of the bonds, short-term obligations referred to in Section 5, or interfund loans from the General Fund, Street Fund and/or Sewer Fund to the Local Improvement Fund in the maximum aggregate amount of $7,000,000 are authorized and approved, those loans to be repaid on or before the issuance of such bonds or short-term obligations from the proceeds thereof. Any such interfund loans shall bear interest at a variable rate, adjusted the 15th and last day of each month, equal to the interest rate of the State of Washington Local Government Investment Pool on the 15th and last day of each month. The initial interest rate on the date of each interfund loan shall be determined as of the last preceding interest payment adjustment date. 5 LID 364 Formation Ordinance SECTION7. In all cases where the work necessary to be done in connection with the making of such improvements is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. SECTIONS. The Local Improvement Fund for the District is created and established in the office of the Finance Director of the City. The proceeds from the sale of revenue warrants or other short-term obligations drawn against the fund which may be issued and sold by the City and the collections of special assessments, interest and penalties thereon shall be deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment for the work to be done by them in connection with the improvements and cash warrants in payment for all other items of expense in connection with the improvements shall be issued against the Local Improvement Fund. SECTION 9. Within fifteen (15) days of the passage of this ordinance there shall be filed with the Finance Director of the City the title of the improvements and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially benefited thereby and the estimated cost and expense of such improvements to be borne by each lot, tract or parcel of land. The Finance Director of the City immediately shall post the proposed assessment roll upon the index of local improvement assessments against the properties affected by the local improvement. SECTION 10. — Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional 6 LID 364 Formation Ordinance or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 11. - Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 12. - Effective date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication as required by law. SUZETTE COOKE, MAYOR ATTEST: RONALD MOORE, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY 7 LID 364 Formation Ordinance PASSED: _ day of March, 2013. APPROVED: _ day of March, 2013. PUBLISHED: _ day of March, 2013. 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 8 LID 364 Formation Ordinance Exhibit A L.I.D. Boundary Description L.I.D. 364 SE 2561h Street Improvements That portion of the northwest quarter and the northeast quarter of Section 29, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the northeast corner of said Section 29, thence S00°56'50"W, along the east line of said northeast quarter, 340.17 feet to the north line of the south 320.00 feet of the northeast quarter of the northeast quarter of the northeast quarter of said Section 29; thence N88°03'59"W, along said north line, 657.97 feet to the west line of the east half of the northeast quarter of the northeast quarter of said Section 29, thence S00°35'1 VW, along said west line, 251.14 feet to the northeast corner of that certain tract of land described in that certain Record of Survey described under King County Recording Number 8005309003; thence along the north line of said tract the following courses and distances; thence N87052'46"W 14,85 feet, thence N02055'24"E 7.85 feet; thence S86039'29"W 82.45 feet, thence N87052'46"W 559.63 feet to the west line of the east half of the northeast quarter of said Section 29, thence S00013'42"W, along said west line, 690.48 feet to the northeasterly right of way margin of the Kent Kangley Road, said point being 50.00 feet northeasterly of, when measured at right angles to, the centerline of said road; thence N61°35'47"W, along said northeasterly margin 113.39 feet to a point on the east line of a tract of land conveyed to Ronald S. Jones and Madeline Jones, his wife, by deed recorded under King County Recording Number 5032080; thence N00015'56"E, along said east line, 196.84 feet to the northeast corner thereof; thence N89°44'04"W, along the north line thereof, 130.00 feet to the northwest corner thereof; thence S00015'56"W, along the west line thereof, 127.31 feet to the northeasterly right of way margin of said Kent Kangley Road; thence N61°35'47"W, along said margin, 68.30 feet; thence N00°18'17W 246.25 feet; thence N87°52'59"W 59.30 feet; thence N00°18'17W 22.69 feet; thence N87°52'59"W 162.00 feet to the east line of the west 10.00 acres of that portion of the east three quarters of the northwest quarter of the northeast quarter of said Section 29 lying northerly of the Kent Kangley Road; thence S00°1817"E, along said east line, 157.20 feet to the northeasterly right of way margin of said Road; thence N61°35'47"W, along said margin, 319.55 feet to the southeast corner of City of Kent Short Plat SP-94-2 as recorded under King County Recording Number 9502210896; thence N00°00'16"E, along the east line thereof, 418.86 feet to the northeast corner thereof; thence N87053'43"W, along the north line thereof, 189.81 feet to the east line of the plat of East Hill Gardens, as recorded in Volume 51 of Plats, page 77, records of King County, thence S00°18'17"E, along the east line of said plat, 8.78 feet, thence N88°45'19"W, along the south line of said plat, 328.43 feet to the north- south center of section line of said Section 29; thence N00°28'52"W, along said center of section line, 130.49 feet to the northeast corner of City of Kent Lot Line Adjustment LL-2002-20 under King County Recording Number 20021211002416, thence N65°36'52"W, along the northeast line of said adjustment, 216.33 feet to the most northerly corner thereof and the northeast corner of Tract B, Kent Short Plat SPC76-6, recorded under Recording Number 7604120524, thence N89026'1 YW, along the north line of said Tract B, 166.19 feet to the west line of said Tract B; thence S00°28'52"E, along said west line, 115.00 feet to the northeasterly right of way margin of the Kent Kangley Road, thence N53°13'47"W, along said margin 509.02 feet to the most southerly corner of a tract of land conveyed to the City of Kent by deed recorded under Auditor's File Number 6428940, thence N18°41'32"E, along the east line thereof, 49.65 feet to the southerly margin of SE 2561h Street; thence N00036'51"E 30.00 feet to the north line of the northwest quarter of said Section 29; thence S89023'09"E, along said north line, 750.87 feet to the north quarter corner of said Section 29; thence S87°52'59"E, along the north line of the northeast quarter of said Section 29, a distance of 2640.65 feet to the northeast corner of said section and the TRUE POINT OF BEGINNING; Exhibit A to Resolution of Intent A - 1 For LID No. 364 Except those portions of the above described tract conveyed for public road purposes; Together with that portion of the southwest quarter and the southeast quarter of Section 20, Township 22 North, Range 5 East, W.M., in King County, Washington, described as follows: BEGINNING at the southeast corner of said Section 20, thence N87052'59"W, along the south line of the southeast quarter of said Section 20, a distance of 2640.65 feet to the south quarter corner of said Section 20; thence N89°23'09"W, along the south line of the southwest quarter of said Section 20, a distance of 745.94 feet to the east line of the west 495.00 feet of the southeast quarter of the southwest quarter of said Section 20, thence N01029'23"E, along said east line, 1304.47 feet to the north line of the southeast quarter of the southwest quarter of said Section 20; thence S89°03'03"E, along said north line, 755.01 feet to the north south center of section line of said Section 20; thence S88017'55"E, along the north line of the south half of the southeast quarter of said Section 20, a distance of 1964.71 feet to the northwest corner of the north half of the northeast quarter of the southeast quarter of the southeast quarter of said Section 20; thence S01 012'16"W, along the west line of said subdivision, 328.66 feet to the southwest corner thereof; thence S88°11'39"E, along the south line of said subdivision, 328.11 feet to the northwest corner of Lot 3, in Kent Short Plat SP 80-11, as recorded under King County Recording Number 8006250641, thence S01 005'28"W, along the west line of said Lot 3 and Lot 4 of said short plat, 329.26 feet to the north line of Hughes' Ulle-Land Number 2, as recorded in Volume 75 of plats, page 20, records of King County, thence S88°05'24"E, along the north line of said plat, 223.50 feet to the northwest corner of Lot 4, Block 2 of said plat, thence S00058'38"W, along the west line of said Lot 4 and its southerly prolongation, 191.31 feet to the north line of Lot 4, Block 1 in said plat; thence N87°53'01"W, along said north line, 59.74 feet to the northwest corner of said Lot 4, thence S00°58'36"W, along the west line of Lots 1, 2, 3 and 4 in said Block 1, a distance of 318.00 feet to the southwest corner of said Lot 1, thence S87053'01"E, along the south line of said Lot 1 and its easterly prolongation, 165.00 feet to the east line of the southeast quarter of said Section 20; thence S00058'43"W, along said east line, 150.05 feet to the southeast corner of said Section 20 and the TRUE POINT OF BEGINNING; Except those portions of the above described tract conveyed for public road purposes. F s e S `W cA IT ALLM Exhibit A to Resolution of Intent A - 2 For LID No. 364 Exhibit B Description of Improvements L.I.D 364 — SE 256th Street Improvements The overall project limits for SE 256th Street are Kent-Kangley Road to the west at the 'Y' intersection and 116thAve. SE to the east. The roadway improvements include but are not limited to: • Widening to 3 lanes with a center left turn lane • Bicycle lanes in both directions • Installation of cement concrete sidewalks and driveways • New roadway pavement section • Curb and gutters • Storm drainage system with detention and treatment facilities • Relocation and adjustment of existing utilities and other improvements such as fire hydrants, manholes, water meters, valve boxes, monuments, utility poles, street light poles, mailboxes, fences and signs as necessary • Channelization • Traffic signs • Street trees • Planter strips between the curb and sidewalk • Street lighting • Erosion control both temporary and permanent • Retaining walls where necessary • Undergrounding of electrical facilities • Wheel chair ramps in the curb and sidewalk at the intersections • Traffic signal revisions as necessary at both ends of the project • Utility stubs and extensions as necessary • Removal of existing improvements as necessary B-1 LID 364 Formation Ordinance CERTIFICATION I, the undersigned, City Clerk of the City of Kent, Washington, hereby certify as follows: 1. The attached copy of Ordinance No. is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on 2013, as that ordinance appears on the minute book of the City; and the ordinance will be in full force and effect five (5) days after the publication of its summary in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the passage of the ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 2013. CITY OF KENT, WASHINGTON RONALD F. MOORE, City Clerk 140 KEN`�' W, Agenda Item: Other Business - 8A TO: City Council DATE: February 5, 2013 SUBJECT: Proposed SE 25Eth Street Local Improvement District 364 Resolution of Intent - Adopt MOTION: Move to adopt Resolution No. setting a Public Hearing date for March 5, 2013, regarding the formation of Local Improvement District 364. SUMMARY: The City was successful in obtaining a $2 million grant from the Washington State Transportation Improvement Board for the repair, widening and upgrading of SE 2561h Street between Kent-Kangley Road and 116th Ave, SE, The grant was awarded in 2006 and is in jeopardy of being rescinded if the project does not break ground before July 1, 2013. The City has been aware of traffic congestion on this section of SE 2561h Street and it has been on our 6-year TIP for over a decade waiting funding. The project will construct sidewalks, bike lanes, and a center left turn lane. Also included are construction of curb and gutter, storm drainage and detention, street lighting, undergrounding of electrical facilities, and landscaping. Traffic signals will also be modified and upgraded as necessary. A Local Improvement District (L•I.D.) is being proposed to help fund the project with the benefiting properties being assessed a share of the project cost. See the attached L.I.D. boundary map and Attachment'A' for more details. As shown on the L.I.D. boundary map, there are 307 properties included. Many of these are condominium and single family properties. In addition, there are a few commercial, office and apartment properties. In 2009 we mailed information to all of the property owners and held 3 informational open houses. Two more open houses were held in the spring of 201.2. We also answered various questions on the phone and by email. The City delayed the L.I.D. formation process in order to pursue additional funding sources, however, sources of revenue are scarce and very competitive, and the City could not find additional funding for this project. We are now ready to rnove forward with the L.I.D. formation. E IHIRITSu Ataachment A - Resolution Attachment B - Boundary Description Attachment C — Boundary Map RECOMMENDED 13Y: Public Works Committee BUDGET IMPACTS: The project cost estimate is approximately $7.0 million. We hope to form an L.I.D, for approximately $2 million. With the $2 million grant, the City share wot.dd be approximately $3 million, which would be funded using $1-million from Transportation uripac:t Fee Collections, $1.-million of drainage funds to deal with stormwater, and $1.-million from the newly adopted B&O taxes to pay for new pavement. Without the L.I.D. the City share would be $5 million. �! �' _[__ -- ._ _.. x r N � ._ ._._ ..._--_.. 9044M AVE,S. H m � � w 171 zn °�' .1�—.��` ocoF __ � 1 � C1LLICICIC]CJC1 nCJ r x - �a - ° m tta Otnc� �s ° kk Moore, Ronald From: Vesper, Merrill Sent:. Monday, February 25, 2013 11:54 AM To: Moore, Ronald Subject: FW: NO TO THE LID This protest on LID 364 was sent to me. Merrill Vesper, Senior Project Engineer Design Engineering I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5517 mvesper(dKentWA.gov www.KentWA.gov PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL -----Original Message----- From: kelsmom(@earthlinl<.net [mailto:kelsmom@earthlink.net] Sent: Monday, February 25, 2013 10:44 AM To: Vesper, Merrill Subject: Re: NO TO THE LID Subject: NO TO THE LID Hello, I am one of the people who will have to pay for the LID to improve 256th. This email to formally register my NO vote. I cannot afford to pay this outrages amount. Could you please let me know when the formal meeting will be with the city counsel to discuss this matter? I need to attend and bring my neighbors to let you know this cannot happen. Thank you Mary Lynn Root 25436 106th Ave SE #134 Kent, WA t Lynn kelsmompearthlink.net 1 Moore, Ronald From: Willms-Dixon, Ingrid Sent: Tuesday, February 26, 2013 11:36 AM To: Moore, Ronald Cc: Madfai, Mark; Vesper, Merrill Subject: Letter in support of Southeast 256th Widening Project/ LID 364 asses#144 Hi Ronald, The property owner has sent this email in support of the LID and SE 256`h st project. LID 364, assessment#144 Thank you, Ingrid P. Willms-Dixon, Project Analyst Phone 253-856-5519 idixonC@kentwa.¢ov From: DBarberAbellevuewa.gov [mailto:DBarber@bellevuewa.govI Sent: Tuesday, February 26, 2013 8:22 AM To: Willms-Dixon, Ingrid Subject: RE: Regarding Southeast 256th Widening Project To whom it may concern— I am emailing in response to the widening of 256o' correspondence my Husband and I have received. When I married and moved in to my Husbands house I was shocked at the entire 256th Block. Between the roads and the shoulders, Fin quite surprised this has not been fixed as of yet. We would love to contribute to the LID tax program and would like to be posted on the development of this project. I am sure we are not the only one that feel this stretch of road is in need of a maj or overhaul. Thanks, let us know what we can do to help this along. Dawn Barber 25420 1131h Ave. SE Kent, WA 98030 425.213.0833 Thank you — Dawn Barber Traffic Signals & Street Lighting ... . . _ _ __ -- -- - From: Willms Dixon, Ingrid rma!Ito:IDixonCalkentwa.govI Sent: Tuesday, February 26, 2013 8:14 AM To: Barber, Dawn Subject: RE: Regarding Southeast 256th Widening Project Wonderful! Please include your name, address and phone number. Yes, I will pass it to the City Clerk. Thank you0 1 r. noo m IV l 0. 1')"LW I bakI� mGl rub �n h pr �l 8. (�� I"tareh , _1G0 i , �h�. C.t�rl of 2:'k) 6y�f S1 PropCL-1Qtl ]ILA Yopd m J'Ult, is ftth ,., I1i13 proy.d Diu; t_��4 ed . 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C-d(( of Q04 I nto., ham u� ct� 'Qd R� Gd� 4 �a� has slohd in ' vkwol LOOM el l �L cPpit.'vcl (o ",1r}div_1dQd prcp2r il_ Oturtkr lal�oue_��1 pQ+ � _ Lou.11d I1ncuallhok �mu.t� � �Iilf �c ��d Prc P po (1ll�_=�uw.fid rom h is pro Qs , �l uw� is loca�Qr� n� ��. rl_ a its ih OR �f1Q. prlIivn}t rood 1Gi �, l�htcl) rkc�iv�.� ty) OL, ors qay palr TW:> 40 r10 lain I 4 jlu- I .IC� c�c4. ra# r�alis� ic (4 -L_n� toil! :�60-4I)klo)[xid IL'(j oo- pol� vig orl a 'YA'QA Tao and dx(v'p. ill-�- uci.ndnr ,�, t. 16, LlC) oc� cnn-�idu ronrJ I��r�7ti�rf n S -Ionk,- �p[A for l ouf (�l•ll tlo D. LII,L�rlc� QMndt PI unto QQ L_Zga1 Dnc_riplion . �kd 110 E�rn�hill TOwnhn�2 ���iC�orYui�ful�iS Pared 4 i O n Lae, fn9 d A -1(I c l�l�y�tL�jll�_� 0 PUBLIC COMMENT Agenda Item: Consent Calendar 7A - 7B CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through I. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the workshop and regular Council meeting of February 19, 2013 and special Council meeting of February 11, 2013. 7B. Approval of Bills. Bills were not available for approval. • KENT Kent City Council Meeting February 19, 2013 The regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Perry, Ralph, and Ranniger. Council President Higgins and Councilmember Thomas were excused from the meeting. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Councilmember Perry proposed an excused absence for Councilmember Thomas be added under Consent Calendar Item T. City Administrator Hodgson pointed out that the amount under Consent Calendar Item 6K was reduced by $280. B. From the Public. No changes were made by the public. PUBLIC COMMUNICATIONS A. Public Recognition. None. B. Community Events. Councilmember Ranniger announced that "You, Me, We" is returning to the ShoWare Center on Friday, March 1 from 6-9 p.m. Councilmember Ralph noted that the Kent Kids Arts Day is March 2 at Kent Commons. C. Kent Arts Commission Community Arts Program Grant Recipients. Rhonda Billerbeck, Cultural Arts Coordinator, explained the Community Arts Support Program and introduced the recipients.Mayor Cooke presented certificates to representatives from the Rainier Chorale, the Kent Senior Activity Center, the Rainier Youth Choirs, and the Athel Ridge Program. D. Proclamation of Kiwanis Children's Cancer Month. Mayor Cooke read the proclamation and presented it to Bob Schlosserwho accepted and thanked the Mayor and City Council for the proclamation. E. Legislative Report. Communication and Public Affairs Manager Michelle Wilmot noted that the legislative session is entering the sixth week and updated Council on the status of concern to the City. F. Public Safety Report. Police Chief Thomas gave his monthly update on crime statistics and reported on other activities in the police department. The Police Chief presented a life-saving award to Matt Crawford for saving a person who attempted to commit suicide. G. Intergovernmental Reports. Acting Council President Perry discussed her meeting with the Sound Cities Association and the "RISE" program. Councilmember Albertson discussed the issues related to her meeting with the South King County Area Board. 1 Kent City Council Minutes February 19, 2013 5. PUBLIC COMMENT. None. 6. CONSENT CALENDAR Acting Council President Perry moved to amend Item K, to accept the Washington Traffic Safety Equipment Grant in the amount of $7,655, seconded by Councilmember Albertson. Motion carried 6-0. Acting Council President Perry moved to approve the revised Consent Calendar Items A through T, as amended. Councilmember Albertson seconded. Motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of February 5, 2013. B. Payment of the bills received through January 15, 2013 and paid on January 15, 2013 after auditing by the Operations Committee on February 5, 2013. Checks issued for vouchers: Date Document Numbers Amount 1/15/13 Wire Transfers 5338-5354 $1,471,602.20 1/15/13 Regular Checks 669971-670297 950,039.42 Void Checks 0.00 1/15/13 Use Tax Payable 2,919.70 $2,424,561.32 Checks issued for payroll for January 1, 2013 through January 15, 2013 and paid on January 18, 2013: Date Check Numbers Amount 1/18/13 Checks 330334-330482 $ 100,485.81 Voids & Reissues 1/18/13 Advices 308891-309515 1,396,781.24 $1,497,267.05 Checks issued for payroll for January 16, 2013 through January 31, 2013 and paid on February 5, 2013: Date Check Numbers Amount 2/5/13 Checks 330483-330639 $ 122,624.00 Voids & Reissues 2/5/13 Advices 309516-310146 1,207,553.87 $1,330,177.87 C. Excused Absence. An excused absence for Council President Higgins, who was unable to attend the February 19, 2013 meeting. D. Budaet Certification for Annexation Sales Tax Credit - Resolution. Resolution No. 1871, approving the certification of $3,751,863 for the Panther Lake 2 Kent City Council Minutes February 19, 2013 annexation sales tax credit for the period July 1, 2013 through June 30, 2014, was adopted. E. Oakleigh Division I (aka Singh II) Final Plat. The final plat mylar for Oakleigh Division I was approved and the Mayor was authorized to sign the mylar. F. Oakleigh Division II (aka Singh III) Final Plat. The final plat mylar for Oakleigh Division II was approved and the Mayor was authorized to sign the mylar. G. Kina County Solid Waste Interlocal Aareement. The Mayor was authorized 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. H. Routine Bacteriological Water Sample Collection Contract w/Amtest, Inc. The Mayor was authorized 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. I. Washington Auto Theft Prevention Authority Grant. The Mayor was authorized to accept the Washington Auto Theft Prevention Authority Grant in an amount of $15,500, amending the budget and expending the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney J. Washington Transportation Safety Committee Grant for DUI Media Buys. The Mayor was authorized to accept the Washington Traffic Safety Commission DUI media grant in an amount of $5,000, amending the budget and expending the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. K. Washington Traffic Safety Equipment Grant. The Mayor was authorized to accept the Washington Association of Sheriffs and Police Chiefs Traffic Safety Equipment Grant in an amount of $7,930, amending the budget and expending the funds in accordance with the grant terms acceptable to the Police Chief and City Attorney. L. Business Licensing, Amending KCC 5.01.020, Ordinance. Ordinance No. 4069, 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 Chapter5.14, was adopted. M. Safe Rental Housing, Amending KCC 5.14.040, Ordinance. Ordinance No. 4070, 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 apply to rental properties, was adopted. 3 Kent City Council Minutes February 19, 2013 N. Disorderly Conduct, Amendina KCC 9.02.190, Ordinance. Ordinance No. 4071, amending Section 9.01.190 of the Kent City Code, entitled "Disorderly Conduct," was adopted O. Public Disturbance, Amendina KCC 9.02.200, Ordinance. Ordinance No. 4072, amending Section 9.02.200 of the Kent City Code, entitled "Public Disturbance," in light of recent case law, was adopted. P. Inattentive Drivina, Amendina KCC 9.36.200, Ordinance. Ordinance No. 4073, 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, was adopted. Q. Countywide Planning Policies, Ratification — Resolution. Resolution No. 1872, ratifying 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, was adopted. R. Zonina Code Amendment, Landscagina — Ordinance. Ordinance No. 4074, amending Chapter 15.07, 15.02.086, 15.02.172, and 15.02.274 Kent City Code, related to landscaping regulations, was adopted. S. Partner with Integra Telecom for city of Kent Telecommunication Services. The Mayor was authorized to enter into a three-year contract with Integra Telecommunications for telecommunication services in an amount not to exceed $303,050.67, subject to final terms and conditions acceptable to the City Attorney and Information Technology Director. ADDED ITEM T. Excused Absence. An excused absence for Councilmember Les Thomas who was unable to attend the February 19, 2013, meeting. OTHER BUSINESS A. Medic One/EMS — Resolution Endorsina Levy. Chief Administrator Hodgson noted that this item was adopted unanimously by the Public Safety Committee. He explained the Medic One program and said the new proposed levy will start January 1, 2014 and end 2019. The committees are staffed by chiefs and chaired by South King County Mayors who have made a recommendation to raise the levy from $0.30 to $0.33 1/2 per thousand of assessed valuation and will be allowed to go beyond per rationing cap and does not affect junior taxing districts. Under state law, any City that has a population of 50,000 must approve a resolution endorsing this levy. Staff recommends Council adopt the resolution, he said. 4 Kent City Council Minutes February 19, 2013 Councilmember Perry moved to adopt Resolution No. 1873 supporting the Medic One/Emergency Medical Service Levy, confirming the city of Kent's support of the levy, seconded by Councilmember Albertson. Motion carried 5- 0. REPORTS A. Council President. No report was given. B. Mayor. Mayor Cooke noted that she forwarded a letter concerning increases in taxes. She added that she executed a letter to the legislature concerning SR 167 expansion, 405 improvements, and SR 509. C. Administration. Chief Administration Officer John Hodgson announced that the executive session would be fifteen minutes to discuss property negotiations with action following. D. Economic & Community Development Committee. No report was given. E. Operations Committee. No report was given. F. Parks and Human Services Committee. Councilmember Ranniger next meeting will be February 21 in Council Chambers. G. Public Safety Committee. No report was given. H. Public Works Committee. Councilmember Albertson noted that the next meeting is March 4 and March 18. I. Reaional Fire Authority. No report was given. EXECUTIVE SESSION At 7:40 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for twenty minutes to discuss property acquisition, per RCW 42.30.110(1)(b). At 8:00 p.m., the Executive Session concluded and the regular meeting reconvened. Chief Administrator Hodgson discussed the property and stated that is about 160 acres of park land. He noted that the City has acquired 120 of the acres and the rest will be paid by 100% grants. There will be zero City funds utilized. Councilmember Ranniger moved to authorize the Mayor to sign all necessary documents to complete the purchase of park property consisting of approximately .9 acres to be added to the Clark Lake Park from Boyd and Linda Rockwell in an approximate amount of $190,000, subject to approval 5 Kent City Council Minutes February 19, 2013 of final terms and conditions from the City Attorney and Parks and Human Services Director, seconded by Councilmember Albertson. Motion carried 5-0. ADJOURNMENT The meeting adjourned at 8:02 p.m. Ronald F. Moore, MMC City Clerk 6 Z' KENT Kent City Council Workshop February 19, 2013 The meeting was called to order at 7:00 p.m. by Councilmember Ralph. Councilmembers present: Boyce, Perry, Ralph, Ranniger, and Albertson (arrived at 5:43 p.m.) Federal Legislation — Ben Wolters, Economic Development Director introduced Ben McMakin from Van Ness Feldman who represents the City's interests in Washington DC. He gave a general background of what has gone on this year since the re-election of President Obama. He highlighted the activities in the Senate and the House of Representatives and how it affects Kent. He discussed levees, flood control, the environment, and transportation funding opportunities in the City. He touched on the accreditation of highways issue with the Department of Transportation (DOT) and the Federal Highway Administration (FHWA). He noted the Federal Environmental Management Agency (FEMA) nationwide mapping exercise and the levee certification progress. Additionally, he stated, concerning energy and water appropriations, that the Green Duwamish project continues to be supported. Mr. McMakin discussed the City's specific transportation interests and discussed the highway bill reauthorization and transportation appropriations. Mr. McMakin opened his presentation up to questions from the Council. He responded to Councilmember Boyce concerning how the process works in obtaining federal funding for Kent interests. He added, in response to Councilmember Ralph, that it is harder and much more competitive for individual members and cities to obtain funds for their projects. He noted that the "thirst" for projects hasn't changed, but the amount of funds available has. Councilmember Ranninger inquired about the competition for funds SR167 and SR509 and Mr. McMakin replied that the new Highway Bill allows the state to handle these funds. He doubts the state will have funds or be able to choose between them. Discussion continued concerning intergovernmental issues such as the Port of Seattle and Tacoma working together, coal movement, imports and exports, etc. Mr. McMakin noted what the city of Kent can do to increase attention to its priorities. He suggested that the City continue to work to show the delegation and staff the critical importance of Kent's priority projects. Mr. Wolters communicated that the City has capitalized the levee issue and stated that Mr. McMakin has done a great job with FEMA concerning our levee accreditation process. The meeting adjourned at 6:15 p.m. Ronald F. Moore, MMC City Clerk 1 y RCN i Kent City Council Meeting Was„ „ ,., February 11, 2013 The special meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor Cooke. Councilmembers present: Albertson, Boyce, Higgins, Perry, Ralph, and Thomas. Councilmember Ranniger was excused from the meeting. Mayor Cooke introduced the special meeting and discussed the agenda. She noted that the WRIA-9 representative was being allowed to speak for a maximum of 10 minutes during the public comment period. Council President Higgins moved to excuse Councilmember Ranniger, seconded by Councilmember Perry and carried 6-0. Councilmember Ranniger was excused. OTHER BUSINESS A. Discussion and adoption of a resolution concerning the Briscoe Desimone Levee. Tim LaPorte, Public Works Director discussed the levee, the background, and the specifics of the area. He presented a video of the area showing the affected areas. Councilmember Thomas inquired if the site in the curb, referring to the map, was in the Tukwila city limits and Mr. LaPorte confirmed it was. Mr. LaPorte continued and explained the discussions with King County Flood District staff and why had a separate analysis done by another consultant. He explained the sheet pile wall, vegetation issues and other issues related to the study. Councilmember Perry inquired what could and couldn't be planted on the site. Mr.LaPorte responded by explaining the national criteria and that FEMA administers the standards and has looked at the map revisions and said the plantings are fine. Mr. LaPorte discussed King County's proposal and setbacks. He discussed the failure of the four levee reaches and that there are seven to eight feet higher than the surrounding areas. Mayor Cooke asked Mr. LaPorte to identify the streets on the map for the audience. Mr. LaPorte displayed the video of Robert B. Gilbert, Ph.D., P.E., DGE who gave a third party review of the levee from 180th to 200th Street. Mr. LaPorte gave an overview of what Dr. Gilbert communicated in his presentation. Mr. LaPorte also stated that Dr. Gilbert was completely satisfied with the safety and plan of the Kent approach. He then highlighted Dr. Gilbert's recommendations. 1 Kent City Council Minutes February 11, 2013 Councilmember Ralph asked for discussion on whether the sheet pile wall is a solution and Mr. LaPorte displayed how the pile walls are driven in and how they come out. He discussed how the pile walls come out and displayed slides of Riverview Park. Council President Higgins discussed Dr. Gilbert's presentation and that the County proposal's would take two years to obtain permits from the dept of ecology and two years to acquire the properties. Mr. LaPorte estimated that it would take four years for each, totaling eight years. Councillmember Ralph inquired when the sheet pile walls would go in if this was approved. Mr. LaPorte replied that it could be done by the end of the summer. Mayor Cooke pointed out that it would be imperative to put it in prior to the beginning of flood season. Councilmember Boyce inquired why the meetings stopped with King County. Mr. LaPorte communicated that the County simply couldn't keep up and there was a difference of opinion. Councilmember Boyce confirmed that King County didn't have the staff to attend and other County projects to work on. He also confirmed that in December 2011 the City became aware that King County had executed an assessment on the properties, a surprise to the City. Mr. LaPorte noted that King County purchased one of the properties at the end of August for $5 million. Ben Wolters, Economic and Cultural Development communicated that his presentation addresses questions he received concerning this meeting. He presented the zoning of the area which is primarily M1, industrial with heavy commercial with heavy design standards. It is utilized to create heavily landscaped industrial parks. He noted that M2 is about the same, but with less landscaping requirements. M3 is for heavy industry, big factories. Mr. Wolters replied to Councilmember Ralph and stated that all the section she was discussing was 350,000 square feet and 350 jobs. Mayor Cooke noted that it would take up 450 jobs. Councilmember Albertson confirmed that even with the concerns there hasn't been any issues with vacancies. Mr. Wolters communicated that when Time magazine came out and the King County Executive said the area was in danger from the Howard Hansen Dam there were vacancies and the flood insurance rates skyrocketed. He added that since those issues were dealt with the market has rebounded and FEMA hasn't issued their flood map. Mayor Cooke introduced Kristine Lund, Executive Director of the King County Flood Control District. Ms. Lund explained the process and said this area has been problematic. She noted Dr. Gilbert's expertise and said he is highly qualified. She stated that the comments concerning his report were accurate and he communicated his results to King County, the City, and the Flood District and gave a report last Thursday. She said Dr. Gilbert made some modifications which would strengthen the wall and had concerns about the section by the West Valley Highway and design changes. She again noted that there are some changes and the King County Flood 2 Kent City Council Minutes February 11, 2013 Control District Board will meet to take action.Council President Higgins thanked Ms. Lund for her presentation. Mayor Cooke clarified that the section that needs adjustment is in the city of Tukwila and that staff has been working with them. Councilmember Albertson asked for discussion on how the City can participate in the regional plan of the river. Ms. Lund communicated that Dr. Gilbert suggested a comprehensive plan of the river and working with the stakeholders to build a consensus of the vision. She said that he called it a "systemwide approach" and The Army Corp of Engineers has a System Wide Improvement Framework (SWIF) process designed for levy vegetation. She reiterated that this process be morphed to a comprehensive plan. She added that the Army Corp of Engineers would execute and choose this plan. King County government has submitted letters to the Army Corp to have the application forwarded to Washington DC where they determine which communities would receive this pilot program. Councilmember Perry inquired about liability. She noted that the Flood District has immunity, so does the Federal government. PUBLIC COMMENT 1. Doug Osterman, Executive Director of WRIA-9, discussed the organization and that he has been working for them for 15 years. He communicated that the watershed combines local jurisdictions and is 650 square miles. He stated that there are very specific projects based on a body of science which explain why the projects are needed for the recovery of salmon. He stated that the Federal Government executed the WRIA-9 plan and it is a federally executed document. He stated that there is a legal mandate. He highlighted the executive summary of the WRIA Plan and the six- year progress report. He noted that $101 million of grant funded projects have been implemented over those six years. He said the WRIA-9 Plan is the only WRIA plan that has won an award from the Puget Sound Regional Council. He noted that the Kent plan should be reexamined by WRIA Fisheries. Council President Higgins asked Mr. Osterman about the fish habitat and projects to enhance the salmon. Mr. Osterman gave a review concerning rivers and fish recovery. Councilmember Ralph thanked Mr. Osterman for pointing out that the city of Kent has a strong history of salmon restoration. He replied that they are working on an adaptive management monitoring program and data needs to be collected once the feedback is received from "NOAH". Councilmember Boyce appreciated the input from Mr. Osterman and asked if the plan that Kent has for a short term fix would solve the problem and if the King County plan can be implemented later. He replied that he didn't think the vegetation could be realized and grass or sod couldn't be implemented as required based on the plan. 2. Andrea Kikala, Executive Director of the Kent Chamber of Commerce and felt that the immediate construction of the levee begin based on the Kent plan. She noted 3 Kent City Council Minutes February 11, 2013 that the Chamber urged Council to move forward to build flood walls on the Briscoe- Desimone Levy. 3. Jim Barrios, Kent, President of the Kent Chamber of Commerce and expressed concerns about the levee. He discussed the risk of not doing anything and stated that there could be a flood at anytime. He noted that the King County plan could take four more years and the $17 million should address the flooding issues now. He noted that if Kent loses these businesses due to flooding Kent will lose more revenue. He stated that only 1% of the WRIA-9 projects have been executed. 4. Amber Straten, CBRE, communicated that they urge the City to move forward with the Kent plan. 5. Molly Lawrence, Law firm and PROSPER, stated that this is a huge issue for all businesses in the valley and wants to ensure the Kent Plan is passed by the City. She noted that levee accreditation is what FEMA does and levee certification is what the Army Corp does. 6. Greg Larkin, Larkin Precision, stated he is in the area that may be demolished. He stated that if it is, he wouldn't relocate in Kent. He added that if he is forced to leave he would leave the Kent Valley. 7. Leisha Wig, IDS Real Estate Group, stated that they closed on 70 acres in Kent and the biggest hurdle was the levee reaccreditation issue. She said without progress it would be impossible for them to move forward. Council President Higgins moved to adopt Resolution Number 1870 in support of the decision of the King County Flood Control District Executive Committee which recommends to the full Board of Supervisors adoption of the city of Kent's approach as the preferred alternative to the repair of the Briscoe-Desimone Levee, seconded by Councilmember Thomas. Council President Higgins highlighted Kent's history with the levees and what the City has done in the past. He stated the problem is urgent and urged the Councilmembers to support the resolution. Councilmember Ralph said she is frustrated with the comments that the Council hasn't looked at the plan. She noted that this plan has gone to committee and Council several times and this plan protects the environment and its businesses. She said this plan doesn't preclude the City from moving towards a bigger plan if $250 million becomes available. She said this protects the salmon habitat, businesses, and the City. She supported the resolution. Councilmember Perry noted that she never said the City hasn't seen the plan. She said that tonight both sides of the table have been presentedand is encouraged by what she has seen today and there is an eminent need. After consideration, she felt a short term plan does need to be enacted with movement towards a long term solution. 4 Kent City Council Minutes February 11, 2013 Councilmember Boyce supported the resolution and said he felt comfortable last Tuesday with the amount of information presented. He knew there was an immenint need and viewed the area. He said he is very clear that this needs to be addressed immediately. Councilmember Albertson thanked Julia Patterson for providing the funding and a third party review. She said she has great faith with all the public works staff and she felt the Council needed to vet all sides of the issue. She noted that based on the comments of Councilmember Boyce, Higgins, and Perry, she would support this plan after adding language concerning a longer plan and support of the SWIF plan. Councilmember Albertson moved to remove the terms "over four times" and approximately $71 million, seconded by Councilmember Perry. Motion failed 2-4. Councilmember Albertson and Perry voted in the affirmative. Councilmember Albertson moved to add the words "with technical recommendations from Dr. Robert B. Gilbert, is" and strike the word "was" from Section G, seconded by Council President Higgins. Motion carried 6-0. Councilmember Albertson moved to add "Section 3. The Kent City Council is interested in providing at least one Councilmember in the Regional Systemwide Improvement Framework (SWIF) process to ensure meaningful representation on behalf of Kent's broad economic development and safety interests", seconded by Councilmember Perry. Motion carried 6-0. Councilmember Albertson moved to add "Section 4. The Kent City Council desires to work with the Flood Control District Board of Supervisors and the City estimates the cost to remove the sheet pile walls at a later time to be one million dollars should the opportunity to provide 500 year flood protection to the residents and businesses in the Green River Valley arise the city of Kent desires to cooperate fully with the Flood Control District", seconded by Councilmember Perry. There was discussion by Councilmembers about the wording of this amendment to the resolution. Councilmember Thomas moved to end debate, seconded by Council President Higgins. Motion carried 5-1. Councilmember Albertson dissents. The motion as presented by Councilmember Albertson was read by the City Clerk and the motion failed 1-5. Councilmember Perry moved to add "Section 4. The Kent City Council desires to work with the King County Flood Control District on a long-term flood control plan that may include the removal of the setback flood wall at a later date as long as the future plan maintains accreditation.", seconded by Councilmember Albertson. Motion carried 6-0. 5 Kent City Council Minutes February 11, 2013 A vote was taken on the main motion on the table to adopt Resolution Number 1870 in support of the decision of the King County Flood Control District's Executive Committee which recommends to the full Board of Supervisors adoption of the city of Kent's approach as the preferred alternative to the repair of the Briscoe-Desimone Levee. Motion carried 6-0. ADJOURNMENT At 10:35 p.m., Mayor Cooke declared the special meeting adjourned. Ronald F. Moore, MMC City Clerk 6 • KENT wA=r ry N Agenda Item: Consent Calendar - 7C TO: City Council DATE: March 5, 2013 SUBJECT: 2013 City Art Plan and Five Year City Art Plan - Approve MOTION: Approve the 2013 City Art Plan and Five Year Plan for 2013-2017. SUMMARY: The City Art Plan details projects for 2013 and lists art expenditures planned for 2013-2017, as part of the 5 year plan. The Visual Arts Committee worked with staff to craft the plan which was approved by Kent Arts Commission on January 22, 2013. EXHIBITS: 2013 City Art Plan and 5 Year Plan RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACT: Budgeted in the Arts Commission Budget CITY OF KENT Parks, Recreation &Community Services Kent Arts Commission 2013 CITY ART PLAN FIVE YEAR CITY ART PLAN, 2013 - 2017 Ordinance 2552 Approved: Visual Arts Committee January 22, 2013 Kent Arts Commission January 22, 2013 City Council Sub-Committee: City Council CITY OF KENT Parks, Recreation &Community Services Kent Arts Commission 2013 CITY ART PLAN New Projects 2013 Budget Community Art Project: KentArts/DIY(Do It Yourself) 14,000 Youth Media Art Project: Reel Grrls "What is Hunger" 19,195 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 40,000 Community Artwork: Youth Training Artwork 7,500 Capital Project artwork(s): Kent Valley Loop Trail 34,556 TOTAL 2013 BUDGET FOR 19026223.66500.4310 $120,251 OTHER EXPENSES Salary &Administration (supplies, professional services, $117,949 maintenance/repair) TOTAL 2013 BUDGET FOR 10006223.4310 $117,949 Total $2 / capita 119,100 x 2 $238,200 Previously Approved Projects Community Art Project: KentArts/DIY(Do It Yourself) 36,000 Community Artwork: Artist Designed Interpretive Materials 15,000 Community Art Project: Cultural Tours & Connections 12,550 ($40,000 previously approved; $27,450 spent in 2012, $12,550 remaining) Subtotal $63,550 $301,750 TOTAL 2013 Anticipated Expenditures 2 KENT ARTS COMMISSION 2013 CITY ART PLAN NARRATIVE Proiect Title: Community Project Artwork: Kent Arts DIY (Do It Yourself) Project Description: Kent Arts DIY would foster inclusiveness by highlighting the talent and creativity of the Kent community. Participants would upload projects to an automated website. Submissions would be reviewed and published on a quarterly basis, with selected projects receiving an honorarium. Projects could fall within the traditional arts (poetry, painting, music); the community arts (culinary arts, fiber arts, metal arts); and the unexpected. Participants would be asked to submit a description of their project that would reveal the "how-to" and inspire other Kent residents to get creative. Estimated Costs: $50,000 Funding Source: 2013 City Art Plan: $14,000 2012 City Art Plan: $36,000 (previously approved) City Partner: Information Technology Background: Nationally, arts organizations are changing how they interact with the community. Traditionally, we have been presenters but now we also want to provide platforms for collaboration. Kent Arts DIY is a prototype project that will allow the people who live, work and play in Kent to share their creativity with one another. Location: Online Project Title: Community Project Artwork: Youth Media Art Project Project Description: Reel Grrls, an award-winning media and technology program, will work with both boys and girls to explore a public policy issue that fosters inclusiveness. The project will again focus on food security after the successful "What is Hunger?" project in 2012. The youth will utilize basic stop-motion animation, use professional video production equipment and learn the process of planning and shooting a video. The finished project will be broadcast ready video for viewing on publically operated stations such as Kent TV 21. It will also be available in smaller segments for streaming via social networking. Estimated Costs: $19,195 Funding Source: 2013 City Art Plan City Partner: Housing & Human Services Background: The 2011-2012 partnership with Reel Grrls on Youth Food Security was a great success. Both participant and audience response was tremendous, and the youth's work made a powerful impact: for the first time, as a result of the video campaign, the Kent Food Bank has an 3 online donation button. Based on the project, the Kent Arts Commission received the South King County Human Services and Equity Award for an Organization. This funding will allow us to repeat the program in 2013. Location: Media Project Title: Summer Art Exhibit Purchase Program Project Description: Purchase quality artworks from area artists that enhance the value of the City Portable Art collection. The artworks are exhibited in publicly accessible areas of City facilities, helping to beautify Kent. Estimated Costs: $5,000 Funding Source: 2013 City Art Plan City Partner: Facilities Background: The City of Kent Arts Commission collection of portable artwork includes a variety of two-dimensional artworks. Artwork is acquired through the Kent Summer Art Exhibit purchase award program. The portable collection introduces art into areas where the community does business. A work environment that includes amenities such as art has been shown to increase productivity and job satisfaction, but the primary purpose is serving the public. Location: City of Kent facilities Proiect Title: Collection Maintenance and Programming Project Description: Projects in-progress include outdoor sculpture maintenance and collection repair, helping to sustain existing assets. This year's projects could include restoring/improving Underground Secrets (Elizabeth Connor, 1999) at Garrison Creek Park, re-evaluating the untitled pond/sculpture at the Kent Library (Valdis Zarins, 1991), and various repair projects. Estimated Costs: $40,000 Funding Source: 2013 City Art Plan Background: This fund may be used for maintaining and providing programming for existing artworks. Project Title: Community Art Project: Youth Training Artwork Project Description: Artwork fabricated and installed by Kent youth. Youth to work with professional teaching artist and potentially a local artisan, helping to beautify Kent. Estimated Costs: $7,500 4 Funding Sources: 2013 City Art Plan Partners: King County and the Kent School District Background: In 2009, the King County Youth Training program partnered with the Kent Youth and Teen Division and Kent Arts Commission to create murals on the East Hill and at Glenn Nelson Park, led by teaching artist Louis Chinn. The program was repeated at Kent Meridian High School in 2010 and 2011 without tapping appropriations. This funding reserve allowed the Kent Arts Commission to continue this program at K-M High School in 2012, in both a consulting role and providing funding for a portion of artistic fees. The 2013 project will be contingent on determining an appropriate location. The majority of the funding for this program comes from King County. Location: to be determined Project Title: Capital Project Artwork(s): Kent Valley Loop Trail Project Description: Parks Department plans to create a Kent Valley Loop Trail over the coming years. This 12.5 mile trail along the Green River will link Riverview Park (yet to be constructed), Foster Park, Van Doren's Landing, and Boeing Rock. The Kent Arts Commission plans to set aside City Art Plan money for the next several years to enable us to commission major artwork(s) as part of the Kent Valley Loop Trail when it becomes a reality. Estimated Costs: $34,556 Funding Source: 2013 City Art Plan City Partner: Parks Planning and Development Background: The vision for the Kent Valley Loop Trail is to enhance recreation opportunities at Kent's river-front parks and along the Green River Trail that connects them. Integrating public art throughout the trail and parks will enrich trail and park users' experience and provide a cultural tourism draw. Location: Kent Valley Loop Trail/parks along Green River PREVIOUSLY APPROVED PROJECTS Project Title: Capital Project Artwork: Artist Designed Interpretive Signage Project Description: Many of our parks have historic significance, including Earthworks, Van Doren and Lake Meridian. This project would inform the community of Kent's past. Additionally, much of the City Art collection is unmarked. Working with local historians, an artist would be hired to research locations; create a "look and feel" for historic and public art signage; fabricate and install the first phase of signage projects Estimated Costs: $15,000 5 Funding Source: 2011 City Art Plan City Partner: Parks Planning & Maintenance Background: This funding has been reserved to apply to signage when Parks Planning & Maintenance are ready and having funding to move forward with the project. Location: TBD Project Title: Community Project Artwork: Cultural Tours & Connections Project Description: There are a variety of opportunities to provide interpretive tours about our cultural and historic resources in Kent in ways that will encourage non-motorized connections. An Earthworks Tour was completed in 2012 and a Danny Pierce Walking Tour is completed and ready for printing and promotion in early 2013. Additionally, we have signed on with STQRY — an application for "smart phones" that allows us to tell the stories of our art collection digitally, capitalize on STQRY's growing user base to increase visibility, and track engagement. This funding will be used to support these programs, and/or address emerging opportunities. Estimated Costs: $40,000 ($12,550 remaining in 2013) Funding Source: 2012 City Art Plan ($40,000 total, $27,450 spent) Background: The Earthworks Tour Inaugural Ride took place on June 2, 2012, art signage is installed, and a printed map has been distributed. Danny Pierce Walking Tour materials will be printed and posted in early 2013. Information about the City's art collection will be added to the STQRY app on an on-going basis. Location: various 6 KENT ARTS COMMISSION CITY ART 5 YEAR PLAN: 2013 - 2017 2013 PROJECTS COSTS Projects 120,251 Community Art Project: KentArts/DIY 14,000 Youth Media Art Project: Reel Grr/s "What is Hunger?" 19,195 Portable Purchases: Summer Art Exhibit Purchase Program 5,000 Collection Maintenance and Programming 40,000 Community Artwork: Youth Training Artwork??? 7,500 Capital Project artwork(s): Kent Valley Loop Trail 34,556 Administration/Maintenance 117,949 Total $238,200 2014 PROJECTS COSTS Projects 118,200 Municipal Court Artwork 30,000 Capital Project artwork(s): Kent Valley Loop Trail 38,200 Community Artworks 20,000 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 20,000 Administration/Maintenance 120,000 Total $238,200 2015 PROJECTS COSTS Projects 118,200 Capital Project artwork(s): Kent Valley Loop Trail 38,200 Municipal Court Artwork 30,000 Community Artworks 10,000 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 30,000 Administration/Maintenance 120,000 Total $238,200 2016 PROJECTS COSTS Projects 116,200 Capital Project artwork(s): Kent Valley Loop Trail 36,200 Municipal Court Artwork 20,000 Community Artworks 20,000 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 30,000 Administration/Maintenance 122,000 Total $238,200 2017 PROJECTS COSTS Projects 116,200 Capital Project artwork(s): Kent Valley Loop Trail 36,200 Municipal Court Artwork 20,000 Community Artworks 20,000 Portable Collection Purchases 5,000 Kent Arts DIY 5,000 Collection maintenance and programming 30,000 Administration/Maintenance 122,000 Total $238,200 7 KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: March 5, 2013 SUBJECT: 2012 Consolidated Annual Performance and Evaluation Report - Authorize MOTION: Approve the 2012 Consolidated Annual Performance and Evaluation Report and authorize the Mayor to submit the report to HUD. 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: The 2012 Consolidated Annual Performance and Evaluation Report 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 KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: March 5, 2013 SUBJECT: Fee-in-Lieu Funds — Accept MOTION: Accept $129,684.17 in fee-in-lieu funds and authorize the expenditure of funds in Capital Project budgets. SUMMARY: Between April 2011 and July 2012, the city of Kent received a total of $129,684.17 from the following developers who voluntarily paid fees in lieu of dedicating park land in order to mitigate the development of single family homes in local subdivisions: • Linda Heights Park budget: $10,335.30 from Lanz, Vann/PacWest • Turnkey Park budget: $30,525 from Quadrant Homes • Clark Lake Park budget: $6,052.50 from Gary Morford • Lake Meridian budget: $37,771.37 from Schneider Homes • Morrill Meadows budget: $14,025.00 from Eastmont 27 and $22,800 from Kendall Homes • Springwood Park budget: $8,175 from Schneider Homes Developers are required to dedicate park and open space land in proximity to new construction sites or to pay "fee-in-lieu" funds. The fee is based on assessed land values. EXHIBITS: Copy of Finance Revenue Report RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: $129,684.17 revenue to Capital Project budgets i i of a a a a a M `a 0 w c M p 0 U U ( O 2 O N N c P o m N J CS Y f� W rn N N N N N # I I a 9 sy I y O � m 1(1 I Cr'l N m Y u o 0 0 o c o o o 0 Ld m o o o 0 0 O LLJ 0 0 0 0 0 0 0 IL to YJ N h k1 u1 O O Yi In 1[1 In 4� d C CM] M M Lq N W w W O O O o 005 Ur O ! M M M N N N E a W I m ' N C Cl) O � a ry O N O N D v1 (7 U) 0 I VJ C7 0 (7 f) C7 m a m m w N L Z N •y p M O M ', O M O C�'l � M o N o N a .N- N h n N N U O J VI M UI N N N K C9 Ur 3 IL V LL N j W .�- LL. N IL M al a a M 0 0 m M O O N C � m D U � a a L � O y W � N N (fl M m N d r m K N N ry N R � 0 a r � � O M A m p N 9 N N d 9 N D D W M O a F MO m `m MOrn a. ou ry � y � � Y m u u' rr N N N M V B C r r r O O O M (D J O n r r m eo 1 ro m l7 E M M M N N u Q `m m B d a N N 0 r N N @ C A O Y N a N a J J L LL O o O r N z O ' a `mm a � A N J (O J [p � O O O ry n' N a N � O y N } N } p (7 p O u N N � KENT Agenda Item: Consent Calendar - 7F TO: City Council DATE: March 5, 2013 SUBJECT: King County Youth Sports Facility Grant Agreement for Green Tree Park - Accept MOTION: Accept the grant from the King County Youth Sports Facilities Program in the amount of $60,000, authorize the Mayor to sign all necessary documents and approve the expenditure of the funds, subject to final terms and conditions acceptable to the Parks and Human Services Director and the City Attorney. SUMMARY: Staff applied for this grant in June of 2012. This grant will help pay for the Green Tree Park renovation project scheduled to begin construction in the fall of 2013. Grant matching funds will come out of fee-in-lieu funds. EXHIBITS: Youth Sports Facility Grant Agreement RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: $60,000 revenue to the Parks Capital budget YOUTH SPORTS FACILITIES GRANT CONTRACT—2013 Department/Division Natural Resources and Parks I Parks Division Agency: Kent Parks&Recreation Project Title: Green Tree Park Renovation Contract Amount: $ 60,000 Cost Center: 355000 Contract Period From: January 1,2013 To December 31,2014 Contract Number: 5520866 Project Number: K13004 i THIS CONTRACT is entered into by KING COUNTY (the "Comity"), and Kent Parks & Recreation (the "Agency"), whose address is 220 4th ve S,Kent,WA 98032, WHEREAS,King County is the manager of the Youth Sports Facilities Grant(YSFG)Program; WHEREAS,the Agency is either a public agency or a non-profit organization whose land or facility will provide recreational or athletic opportunities primarily to youth under 21 years of age; i WHEREAS, King County has selected the identified agency to be awarded a Youth Sports Facility Grant to assist in capital improvements for increased recreational opportunities; WHEREAS, the Agency and/or landowner whose property will receive these improvements will develop,program, operate, and maintain the facility to address a recreation need in King County; WHEREAS,King County has the authority under KC Ordinance 10454 to enter into agreements for the use of King County funds by public agencies and/or non-profit organizations to provide a service to the public, This form is available in alternate formats for people with disabilities upon request. Page 1 of 13 NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned,to be made and performed by the parties hereto,the parties covenant and do mutually agree as follows: 1. SCOPE OF SERVICES The Agency shall provide services and comply with the requirements set forth hereinafter and in the following attached exhibits,which are incorporated herein by reference: ® Scope of Services Attached hereto as Exhibit I ® Budget Attached hereto as Exhibit II ® Invoice Voucher Attached hereto as Exhibit III ® Reporting Attached hereto as Exhibit IV ® Design Documents Attached hereto as Exhibit V ® Insurance Certificate Attached hereto as Exhibit VI ® W-9 Attached hereto as Exhibit VII ® Equal Benefits Attached hereto as Exhibit VIH 2. TERM OF CONTRACT This Contract shall commence on the 1 st day of Jaim , 2013, and shall expire on the 31 st day of December,2014,unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. 3. PREMISES This grant project is located at: Green Tree Park,Kent Cormuonly known as {Facility Name}, and referred to herein as "the Premises." 4. PARTTES All eormnunication,notices,coordination, and other tenets of this Contract shall be managed by: On behalf of King Count: Butch Lovelace,YSFG Program Manager King County Department of Natural Resources and Parks 201 South Jackson Street, Suite 700 Seattle,WA 9 8 104-3 8 5 5 Email:butch.lovelacena kingcounW.ggv Phone: 206.263.6267 Page 2 of 1S i On behalf of: Brian Levenhagen Kent Parks&Recreation 220 4th Ave S Kent,WA 98032 Email:BJLevenhagen@ci.kent.wa.us Phone: 253856-5116 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for satisfactory completion of the services and requirements specified in this Contract after the agency submits an invoice and all accompanying reports as specified in the attached exhibits. The County will initiate authorization for payment after approval of corrected invoices and reports. The County shall make payment to the Agency not more than 30 days after a complete and accurate invoice is received. B. The Agency shall submit its final invoice and all outstanding reports within 15 days of the date this Contract expires or is terminated. If the Agency's final invoice and reports are not submitted by the day specified in this subsection,the County will be relieved of all liability for payment to the Agency of the amounts set forth in said invoice or ally subsequent invoice. 6. OPERATING BUDGET When a budget is attached hereto as exhibit II,the Agency shall apply the funds received from the County under this Contract in accordance with said budget. If, at any time during the Tenn of this Contract,the Agency expects that the cumulative amount of transfers among the budget categories, i.e. Project Tasks, may exceed 10% of the Contact amount, then the Agency shall request an amendment to this Contract. Supporting documents necessary to explain fully the nature and purpose of the amendment roust accompany each request for an amendment. County approval of any such amendment shall not be unreasonably withheld. 7. COMM[1NICATION The Agency shall recognize King County Parks as a fiscal sponsor for the grant project in the following manner: A. Plaque: At the time of project completion or dedication, whichever comes first, the Agency shall install on or near the facility a plaque provided by the County that notes King County as a fiscal sponsor. B. Events: The Agency shall invite and recognize King County Parks at all events promoting the project during construction,and at the final project dedication. C. Written material: The Agency shall recognize King County Parks as a fiscal sponsor in all brochures, banners, posters, press releases and other promotional material related to the Project. Page 3 of 13 8. PUBLIC ACCESS,PRIOMY OF USE; SCHEDULING The Agency shall to the greatest extent reasonably possible make the project available for use by the general public without imposing unreasonable requirements for public use. The Agency shall to the greatest extent reasonably possible give priority of use to persons under the age of twenty- one. Fees for use of the project shall be no greater than those generally charged by public operators of similar facilities in King County. The period of time that the Agency must provide public access and priority of use is based on the level of County funding as set forth below. If the facility is removed from public recreational use before the end of the specified period, then the Agency shall reimburse the County's funding on a pro rata basis, determined by dividing the number of years of lost public use by the total years of required dedication, multiplied by the total County grant amount. By way of example only, if the County makes a $10,000 grant to Agency X, then the agency's project must be dedicated to public use and priority of use by youth for 5 years. If Agency X eliminates public access to the project after 3 years, such that 2 years of public access and youth priority are lost,then Agency X must repay the County$4,000(2/5 * 10,000=$4,000). Range of County Grant Required Period of Dedicated Public Use/Youth Priority 0-$14,999 5 $15,000-$29,999 8 $30,000-$49,999 12 $50,000-$75,000 15 If the completed project is subject to scheduling or reservation for use,then the Agency shall post the use schedule and the Agency's scheduling or reservation policies,practices, and information in a highly visible location near the project and/or on their website; and the Agency shall pennit the public to schedule or reserve_use of the completed project consistent with the requirements of this section 8. Agency's duties under this section 8 will survive the expiration or earlier termination of this contract. 9. GREEN BUILDING King County is committed to promoting and using green building practices in construction projects. Though not required,King County strongly encourages practices that conserve resources, use recycled content materials,maximize energy efficiency, and otherwise consider environmental, economic and social benefits in the design and construction of a building project. I 10. INTERNAL CONTROL AND ACCOUNTING SYSTEM The Agency shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted accounting principles, and governmental accounting and financial reporting standards in accordance with Revised Code of Washington(RCW) Chapter 40.14. Page 4 of 13 11. MAINTENANCE OF RECORDS A. The Agency shall maintain accounts and records, including personnel, property, financial, and progranmiatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. These records shall be maintained for a period of six(6) years after the expiration or earlier termination of this Contract unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington(RCW)Chapter 40.14. C. The Agency shall inform the County in writing of the location, if different from the Agency address listed on page one of this Contract, of the aforesaid books, records, documents, and j other evidence and shall notify the County in writing of any changes in location within ten (10)working days of any such relocation. 12. RIGHT TO INSPECT King County reserves the right to review and approve the performance of Agency with regard to this Contract, and, at its sole discretion, to inspect or audit the Agency's records regarding this Contract and the Project upon reasonable notice during normal business hours. 13. COMPLIANCE WITH ALL LAWS AND REGULATIONS The Agency, in cooperation and agreement with the owners of the Premises, shall comply with all, applicable laws, ordinances and regulations in using funds provided by the County, including, without limitation, those relating to providing a safe working environment to employees and, specifically, the requirements of the Washington Industrial Safety and Health Act (WISHA); and, to the extent applicable, those related to "public works," payment of prevailing wages, and competitive bidding of contracts. The Agency specifically agrees to comply and pay all costs associated with achieving such compliance without notice from King County; and further agrees that King County, does not waive this section by giving notice of demand for compliance in any instance. The Agency shall indemnify and defend the County should it be sued or made the subject of an administrative investigation or hearing for a violation of such laws related to this Contract. 14. CORRF,CTWE ACTION A. If the Countydetermines that a breach of contract has occurred or does not approve of the PP Agency's performance, it will give the Agency written notification of unacceptable performance. The Agency will then take corrective action within a reasonable period of time,as may be defined by King County in its sole discretion in its written notification to the Agency. B. The County may withhold any payment owed the Agency until the County is satisfied that corrective action has been taken or completed. Page 5 of 13 i 15. TERMINATION A. The County may terminate this Contract in whole or, in part, with or without case, at ally time during the Term of this Contract, by providing the Agency ten (10) days advance written notice of the termination. B. If the termination results from acts or omissions of the Agency, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Agency shall return to the County irmnediately any funds, misappropriated or unexpended, which have been paid to the Agency by the Comity. C. Any Kraig County obligations under this Contract beyond the current appropriation year are conditioned upon the County Councirs appropriation of sufficient funds to support such obligations. If the Council does not approve such appropriation, then this Contract will terminate automatically at the close of the current appropriation year. 16. FUTURE SUPPORT;UTILITIES AND SERVICE The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted for herein except as expressly set forth in this Contract. The Agency understands, acknowledges, and agrees that the County shall not be liable to pay for or to provide any utilities or services in connection with the construction, operation,maintenance, or use of the project contemplated herein. 17. HOLD HARMLESS AND INDEMNUICATION The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold hamrless King County, its appointed and elected officials, and employees from and against liability for all claims, demands, suits, and judgments, including costs of defense thereof, for injury to persons, death, or property damage which is caused by, arises out of, or is incidental to any use of or occurrence on the Project that is the subject of this Contract, or the Agency's exercise of rights and privileges granted by this Contract, except to the extent of the County's sole negligence. The Agency's obligations under this section shall include: A. The duty to promptly accept tender of defense and provide defense to the County at the Agency's own expense; B. Indemnification of claims made by the Agency's employees or agents;and C. Waiver of the Agency's immunity under the industrial insurance provisions of Title 51 RCW. but only to the extent necessary to indemnify King County, which waiver has been mutually negotiated by the parties. In the event it is necessary for the County to incur attorney's fees, legal expenses or other costs to enforce the provisions of this section, all such fees, expenses and costs shall be recoverable from the Agency. In the event it is determined that RCW 4.24.115 applies to this Contract, the Agency agrees to protect, defend, indemnify and save the County, its officers, officials, employees and agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs of any kind whatsoever for bodily injury to persons or damage to property(hereinafter "claims"), arising out of or in any way resulting from the Agency's officers, employees, agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform the rights and privileges granted under Page 6 of 13 this Contract, to the maximum extent permitted by law or as defined by RCW 4.24.115, as now enacted or hereafter amended. A hold harmless provision to protect King County similar to this provision shall be included in all Contractor or Subcontractor Agreements entered into by Agency in conjunction with this Contract. Agency's duties under this section 17 will survive the expiration or earlier termination of this contract. 18. INSURANCE A. Liability hisurance Requirements. Notwithstanding any other provision within this Contract, the Agency shall procure and maintain the following Minhnum Limits of Insurance and shall require their contractors to procure and maintain: 1. Commercial General Liability.. (to include Products-Completed Operations) insurance against claims for injuries to persons or damages to property that may arise from or in connection with activities under this Contact. General liability insurance shall be as broad as that provided by Commercial General Liability "occurrence" form CG0001 (Ed. 11/85). The insurance limits shall be no less than One Million dollars ($1,000,000) combined single limit per occurrence and Two million dollars ($ 2,000,000) in the aggregate for bodily injury and property damage 2. Automobile Liability. Insurance Services form number CA 00 01 (Ed. 1/80) any auto. If the grant includes the use of automobiles, the Limit of Liability shall be no less than One Million dollars($ 1,000,000)per occurrence. 3. Workers Compensation/Stop Ga. If the recipient or its contractors has employees, parties shall provide Statutory Workers Compensation coverage and Stop Gap Liability for a limit no lesathan One Million dollars($1,000,000) 4. Professional Liability. If the grant includes the use of Professional Services, a Per Claim/Aggregate Limit of$ 1,000,000. shall be provided. B. If the grant involves the constriction of a capital project or involves the purchase of equipment greater than $ 5,000.00 in value, the Agency shall provide "All Risk" Builders Risk or Property" coverage for the full replacement value of the project/properly built/purchased. Kraig County shall be listed as a Loss payee as our interests may appear. C. King County and its officers, officials, employees and agents shall be covered as additional insured with respect to liability arising out of activities performed by the Agency and its contractors. Additional Insured status shall include Products-Completed Operations. D. To the extent of the Agency's or its contractor's negligence,their insurance respectively shall be primary insurance with respect to the County, its officers, employees and agents. Any insurance or self-insurance maintained by the County, and its officers, officials, employees or agents shall not be subjected to contribution in favor of the Agency or its contractors insurance and shall not benefit their in any way. Page 7 of 13 The Agency's and its contractors' insurance shall apply separately to each insured against whom a claim is made or a lawsuit is brought, subject to the limits of the insurer's liability. E. Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except by the reduction of the applicable aggregate limit by claims paid,until after thirty(30) days' prior written notice has been given to and change in coverage accepted by King County. F. The insurance provider must be licensed to do business in the State of Washington and maintain a Best's rating of no less than A VITL The Agency must provide a Certificate of Insurance and Additional Insured Endorsement to the(Exhibit VII), and upon written request of the County, provide a duplicate of the policy as evidence of insurance protection. The Agency shall be responsible for the maintenance of their contractors' insurance documentation. G. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this section. H. The Agency's duties under this section 18 shall survive the expiration or earlier termination of this Agreement. The Agency understands, acknowledges and agrees that for the relevant period of public use set fords in section 8,the Agency shall maintain insurance and name the County as an additional insured, all of which shall be consistent with the requirements of this section 18. 19. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. Nondiscrimination in Employment During performance of this Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. B. Equal Employment Opportunity Efforts The Contractor will undertake, and require all Subcontractors to undertake equal employment opportunity efforts to ensure that applicants and employees are treated,without regard to their sex, race, color, marital status,national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Equal employment opportunity efforts shall include,but not be limited to, the following: employment,upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. The Contractor agrees to post, and to require Subcontractors to post in conspicuous places available to employees and applicants for employment notices setting forth this nondiscrimination clause. In accordance with KCC 12.16.010.J, "equal employment opportunity efforts"shall mean active efforts to ensure equal opportunity in employment that is free from all forms of discrimination. Ref: KCC 12,16.020. Page 8 of 13 C. Equal Benefits to Employees with Domestic Partners Pursuant to Ordinance 14823, King County's `Equal Benefits" (EB) ordinance, and related administrative rules adopted by the County Executive, as a condition of award of a contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate in the provision of employee benefits between employees with spouses, and employees with domestic partners during the performance of this Contract. Failure to comply with this provision shall be considered a material breach of this Contract, and may subject the Contractor to administrative sanctions and remedies for breach. D. Nondiscrimination in Subcontracting Practices. i During the term of this Contract, the Contractor shall not create barriers to open and fair opportunities to participate in County contracts or to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate against any person because of their sex, race, color, marital status, national origin,religious affiliation,disability, sexual orientation,gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. j I E. Compliance with Laws and Regulations. The Contractor and all Subcontractors shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit discrimination. These laws include, but are not limited to, Chapter 49.60 RCW, Titles VI and VII of the. Civil Rights Act of 1964, the American with Disabilities Act, and the Restoration Act of 1987. KCC chapters 12.16, 12.17 and 12.18 are incorporated herein by reference and the requirements in these code sections shall specifically apply to this Contract. The Contractor and all Subcontractors shall further comply fully with any equal opportunity requirements set forth in any federal regulations, statutes or rules included or referenced in the contract documents. F. Small Contractors and Suppliers Policy. Policy. It is King County policy that Small Contractors and Suppliers (SCS) have equitable opportunities to participate in the performance of goods and services contracts issued by King County, and that contractors and subcontractors shall afford equal opportunity in employment,while providing supplies and services for and to King Comity. Inquiries and Iuformation Regarding King County Certified SCS Finns. Direct inquiries on how to apply for SCS certification, or obtain a list of King County Certified Firms to the King County Business Development and Contract Compliance (BDCC) office by telephone at 206-263-9734. Information about becoming a King County Certified SCS Finn, as well as a Directory of King County Certified Firms is available at:http://www.kingcounty.gov/bdce. Definitions.The following definitions shall apply throughout this Section. 1. "Administrator"means the Director of Finance. 2. "Certified SCS Finm" means a business that has applied for participation hi King County's Contracting Opportunities Program, and has been certified as an SCS by - the King County BDCC office. Page 9 of 13 3. "Small Contractor or Supplier" or "(SCS)" means that a business and the person or persons who own and control it are in a.financial condition, which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Contracting Opportunities Program is based on a dollar ceiling for standard business classifications that is set at fifty percent (50%) of the Federal Small Business Administration (SBA) small business size standards using the North American Industrial Classification System (NAICS), and an Owners'Personal Net Worth less than$750K dollars. Cr. Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) II, and the American with Disabilities Act of 1990 as amended(ADA). Pursuant to Title lI of the ADA, and Section 504,King County must not discriminate against people with disabilities in providing services, programs or activities even if those services, programs or activities are carried out by contractors. The Contractor agrees that it shall provide all programs, services, and activities to County employees or members of the public under this Contract in the same manner as King county is oblicated to under Title II of the ADA, and Section 504 and shall not deny participation of the benefits of such services, programs, or activities to people with disabilities on the basis of such disability. Failure to comply with this Section 7.1.H shall be a material breach of, and grounds for the immediate termination of this Contract. The Contractor agrees to provide to persons with disabilites access to programs, activities and services provided under the Contract, as required by the disability access laws as defined by KCC 12.16. The Contractor shall not discriminate against persons with disabilities in providing the Work. In any subcontracts for the programs, activities and services under their Contract, the Contractor shall include the requirement that the Subcontractor provide to persons with disabilities access to programs, activities and services provided under the Contract, as required by the disability access laws as defined by KCC 12.16; that the Subcontractor shall not discriminate against persons with disabilities in providing the Work under the Contract; and that the Subcontractor shall provide that the County is a third party beneficiary to that required provision. H. Sanctions for Violations - Any violation of the mandatory requirements of the provisions of this Section shall be a material breach of Contract, for which the Contractor may be subject to damages, withholding payment and any other sanctions provided for by Contract and by applicable law. 21. CONFLICT OF INTEREST KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set forth hence, and the Agency agrees to abide by all conditions of said chapter. Failure by the Agency to comply with any requirement of said KCC Chapter shall be a material breach of contract. 22. POLITICAL ACTIVITY PROMMED None of the funds, materials, property, or services provided directly or indirectly under this Contact shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. i Page 10 of 13 23. PROJECT MAINTENANCE,• EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP i A. As between the County and the Agency, the Agency shall be responsible to operate and maintain the completed project at its own sole expense and risk. The Agency shall maintain the completed project in good working condition consistent with applicable standards and guidelines. The Agency understands, acknowledges, and agrees that the County is not responsible to operate or to maintain the project in any way. I B. The Agency shall be responsible for all property purchased pursuant to this Contract, including the proper care and maintenance of any equipment. C. The Agency shall establish and maintain inventory records and transaction documents (purchase requisitions, packing slips, invoices, receipts) of equipment and materials purchased with Contract funds. D. The Agency's duties under this section 23 shall survive the expiration of this Agreement. 24. NOTICES Whenever this Contract provides for notice to be provided by one party to another, such notice shall be: A. In writing; and B. Directed to the person specified in Section 4 of this Contract. C. Any such notice shall be deemed to have been given on the date of delivery, if mailed,on the third(3rd)business day following the date of mailing; or, if sent by fax, on the first(1st) business day following the day of delivery thereof by fax.Notice sent solely by e-mail shall not be a sufficient form of notice under this Contract. D Either party may change its address,fax number or the name of the person indicated as the recipient by notice to the other in the manner aforesaid. hi the event of interruption or threatened interruption in postal service, such notice shall be delivered addressed as aforesaid or sent by fax. 25. ASSIGNMENT The Agency shall not assign any portion of rights and obligations under this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. The Agency must seek such consent in writing not less than fifteen (15) days prior to the date of any proposed assignment. 26. CONTRACT AMENDMENTS Either party may request changes to this Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. Page 11 of 13 I 27. WAIVER OF DEFAULT i Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terns of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. 28. TAXES The Agency agrees to pay on a current basis all taxes or assessments levied on its activities and property, including, without limitation, any leasehold excise tax due under RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right of the Agency to contest any such tax, and the Agency will not be deemed to be in default as long as it will, in good faith,be contesting the validity or amount of any such taxes. 29. WASHINGTON LAW CONTROLLING,WHERE ACTIONS BROUGHT This Contact is made in and will be in accordance with the laws of the State of Washington, which will be controlling in any dispute that arises hereunder. Actions pertaining to this Contract will be brought in King County Superior Court,King County,Washington. 30. PARAGRAPH HEADINGS The paragraph headings contained herein are only for convenience and reference and are not intended to be a part of this Contract or in any manner to define, limit, or describe the scope or intent of this Contract or the particular paragraphs to which they refer. 31. PUBLIC DOCUMENT This Contract will be considered a public document and will be available for inspection and copying by the public. i 32. LEGAL RELATIONS Nothing contained herein will make, or be deemed to make, the County and the Agency a partner of one another, and this Contract will not be construed as creating a partnership or joint venture. Nothing ui this Contract will create, or be deemed to create, any right, duty or obligation in any person or entity not a party to it. 33. SINGULAR AND PLURAL. Wherever the context will so require, the singular will include the plural and plural will include the singular. Page 12 of 13 34. PERMITS AND LICENSES The Agency will obtain and maintain, at its own and sole costs and expense, all necessary permits, licenses and approvals required for the Project. 35. INTEIZ13RETATION OF COUNTY RULES AND REGULATIONS If there is any question regarding the interpretation of any County rule or regulation, the County decision will govern and will be binding upon the Agency. 36. POLICE PONVERS OF THE COUNTY Nothing contained in this Contract will diminish, or be deemed to diminish, the govermnental or police powers of the County. 37. ENTIRE AGREEMENT This Contract, including its attachments, constitutes the entire Contract between the County and the Agency. It supersedes all other agreements and understandings between them, whether written, oral or otherwise. ICING COUNTY AGENCY: FOR King County Executive Signature I Date NAME(Please type or print),Title i Date Page 13 of 13 KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: March 5, 2013 SUBJECT: 2013-2014 Forterra Contract for Green Kent Partnership — Authorize MOTION: Authorize the Mayor 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. SUMMARY: Forterra, formerly Cascade Land Conservancy, spearheaded the first Green Cities Partnership in Seattle and has been working with Kent since 2009 to help us best manage our publicly owned urban forested parks and other natural areas. Staff entered into a contract with Forterra in 2010 to develop the 20-year plan and to help begin implementing field work in 2011 and 2012. In 2013, Forterra will become more of a regional resource, hosting quarterly forums, an annual summit and a shared website and calendar. Forterra staff will attend our management team meetings quarterly and assist with Green Kent Day. The $15,794 contract is being underwritten by a grant from the King Conservation District, which was approved February 11, 2013. EXHIBITS: Forterra Contract RECOMMENDED BY: Parks and Human Services Committee BUDGET IMPACTS: Budgeted expense of $15,704.00 through the Green Kent Budget and supported by a grant from King Conservation District T CONSULTANT SERVICES AGREEMENT between the City of Kent and FORTERRA THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and FORTERRA, organized under the laws of the State of Washington, located and doing business at 901 5th Ave., Suite 2200, Seattle, Washington, 98164, 206-905- 6923, Contact: Teresa Macaluso (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Subject to prior, written notice from the City that adequate funding is available, Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in the Scope of Services attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I by February 28, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Fifteen Thousand, Seven Hundred Ninety-Four and No/100 ($15,794.00) for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data that would have been provided to the City under this agreement. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. If this Agreement is terminated, the City shall be liable only for payment required under the terms of this Agreement for services rendered prior to the effective date of termination. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the CONSULTANT SERVICES AGREEMENT - 2 Forterra 201312014 employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B, attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed and provided to the City under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary CONSULTANT SERVICES AGREEMENT - 3 Forterra 201312014 for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party. 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. CONSULTANT SERVICES AGREEMENT - 4 Forterra 201312014 H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Teresa Macaluso Print Name: Suzette Cooke Its CAO Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Kory Kramer Victoria Andrews FORTERRA City of Kent 901 5th Ave., Suite 2200 220 Fourth Avenue South Seattle, WA 98164 Kent, WA 98032 206-905-6923 (telephone) 206-577-2973(facsimile) (253) 856-5113 (telephone) (253) 856-6050 (facsimile) APPROVED AS TO FORM: Kent Law Department 2013/2014 FORTERRA Green Ken[ CONSULTANT SERVICES AGREEMENT 5 Forterra 201312014 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of 20. By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 20 . By: Fo r: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 E i-T Scope ofWork: Parch 2013 — February 201 d y Presented to City of Kent, Parks, Kecreadon, and Community Services KE By Forterra, December 2012 PARTNERSHIP r' I With the 20-Year Park and Natural Area Management Plan adopted by the Kent City Council in September 2009, Forterra has been closely collaborating with both Parks and Public Works staff to implement the first phase of the plan (2009-2014). To date, implementation has included the creation of volunteer recruitment, management, and tracking methods,the creation and support of a Green Kent Steward program, and the set-up of an interdepartmental management team responsible for making progress toward actively managing the 1,344 acres of natural areas in need of restoration and maintenance by 2029. During the first three years, partnership tasks were divided across Parks, Public Works and Forterra staff. As the program has progressed through its initial phase, City of Kent staff have taken on more of the tasks necessary to maintain the program on a path toward achieving its goals. At the same time, Forterra has been working to develop tangible ways to share resources across the six-city Green Cities Network that results in benefits across the Puget Sound region. The City of Kent, while increasing its capacity to operate the program, sees the value in being connected to the pool of regional resources such as shared trainings and continuing education for stewards, quarterly topic-based focus groups with j Green City program managers, an annual Green City Summit, and leveraged outreach to raise regional awareness of Kent's efforts, recruit for the 2013 annual Green Kent Day,and sign up new contacts who are interested in learning more about the Green Kent Partnership, To that effect, much of the work proposed in this scope is related to bolstering Kent's connection to regional resources. Forterra's role will reflect this shift in Kent's priorities. Forterra's Responsibilities and Deliverables • Green Kent Steward. Orientation: Forterra staff will participate in the 2013 Green Kent Steward orientation, presenting the background behind the Green City Partnerships including Forterra's regional connection through the Cascade Agenda mission, and providing a sense of the geographic scope that new Kent stewards will be contributing to by summarizing regional statistics. • Quarterly management team regional updates: Forterra staff will attend one Green Kent management team meeting to update staff on upcoming training and education opportunities for Kent stewards across the regional Green Cities Network, and coordinate any potential grant proposal ideas that will contribute to achieving the Green Kent Partnership's goals. • Quarterly educational trainings for Stewards: Forterra will organize and host four continuing education trainings for Green Kent stewards that will enhance steward knowledge about restoration best practices, volunteer event management, western Washington ecology, native plant identification and uses, plant propagation techniques, and/or other practical topics that could include things like small grant proposal writing and how to engage in the public process. • Maintain regional resource sharing site: Forterra will maintain and update a Green Cities Network resource-sharing site that will 1, Keep Green Kent staff informed of upcoming steward and staff trainings being offered in other Green Cities, 2. Provide a place to share helpful community and urban forestry resources, 3. Provide an updated Green Cities Network directory of staff contact information and roles where Green Kent staff can connect to help answer questions or solve problems that other cities may have already experienced, and 4. Provide a communication platform for Green Kent staff to post questions to other site users. ® Green Cities quarterly forums: Forterra will coordinate and host four Green Cities forums to focus on topics important to Green City program managers as voted on by the managers. These forums will rotate across Green Cities, allowing for Green Kent staff to ® Green Cities annual summit: Forterra will coordinate and host one annual Green Cities Summit that will provide Green Kent program managers a forum to share their successes, new best practices, as well as challenges with other Green City program managers in order to continue improving the regional effectiveness of restoration efforts. ® Regional Green City Day series outreach support: Forterra will coordinate one regional press release about the Green City Day fall series that will highlight the efforts of all cities holding an annual Green City Day. The regional scope of this press release will position Kent's work as part of a larger effort, providing a larger reach and more awareness. The Green Kent Partnership will also be included in a Forterra-led outreach project at the 2013 WA State fair in Puyallup. By sharing costs across six Green Cities, Kent will benefit by having a three-week presence at a regional event, while not having to bear the entire financial burden of organizing and staffing the booth. Deliverable Cost Rate Forterra presents Green Cities background, connection to Cascade Agenda and regional statistics at Steward Orientation $270 $270/orientation Attend management team meetings once per quarterto provide regional update re: upcoming trainings opportunities and share potential grant proposal ideas $1,080 $270/meeting Quarterly educational trainings for Stewards-Forterra staff $5,400 $1,350/training TBD by training and Sub-consultant support for quarterly trainings consultant; not to exceed $1,300 $1,300 Green Cities one-hub sharing site; maintained with upcoming regional trainings available to Green Kent Stewards, relevant shared resources as they become available, and updated Network directory $2,860 $238.33/month Four Green Cities forums,to be held quarterly with topics determined by city partner input $1,000 $250/forum Annual Green Cities summit $1,500 $1,500/summit a$600/booth Annual Green Cities Day series outreach support:one regional pressL$2�,230 coordination release, coordinate booth at WA State Fair, 12 hrs. Forterra staff time •$easeregional press release at booth for Green Kent Partnership ®$90/hr.staff time for outreach Travel budget $0.555/mile TOTAL $15,794 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Forterra Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 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 Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: March 5, 2013 SUBJECT: Carpinito Watermain Extension, Bill of Sale - Accept MOTION: Accept the Bill of Sale for the Carpinito Watermain Extension project, permit 2110186 for 1 gate valve, 1 hydrant, and 565 linear feet of waterline. SUMMARY: The Carpinito Watermain Extension project is located at 23032 88th Avenue South; parcel #1822059310. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MAIL TO: _ CITY OF KENT CITY C� K 1O 1 ECON1 1Na IC AE G^ ENGINEERING DEPARTMENTC3MMUNPTY [ 1 ELO-'N;IFI ; ® ATTN: Jackie Bicknell 220 — 4TH AVENUE SOUTH WASH IN o T o N KENT, WASHINGTON 98032 Project: Caroinito Waterline Extension Permit #: CNST-2110186CC Location: 23032 88`" Ave South; Kent, WA 98031 Parcel #: 1822059310 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this_IS day of_January 20 13s, by and between _Mike Carpinito , 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_le gate valves at $ _5,500 each, _1_ hydrants at $ _5,600 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Easement#8308190485 Including _565 linear feet at $ _44.84/LF=$25,335.00 per LF of (size &type) _8" DI waterline. B. SANITARY SEWERS: Together with a total of manholes at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Bill of Sale Iof5 Including linear feet at $ per LF of (size &type) sewerline. C. NEW STREETS• 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). I D. FRONTAGE IMPROVEMENTS: 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: 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 2of5 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this S� day of IAA 'y a q 120 i �F IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this ) + day of �Si�N f ✓ t , 20 13 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared f71l12 & CY p4j ;4o to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this of day of -Scwu?�U 20 . 'a`����aN\\1i\lttlglq!!t � 18✓J�� 114c.g.4�l.L✓W Notary Public in an for the State of Washington, residing at kA WA tlA �PRi i, �� au- �^��� ! My Commission Expires: 04 OF�!P 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 I they are authorized to execute the said instrument. E 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 I 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 Bill of Sale 4of5 KENT WASHINOTON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for project dated /'—/,S " / , for the same said QZ:X ®,f � >uT` project. ///05W,4 the undersigned P.E. or land surveyor is the person responsible for the preparation of the Bill of Sale and j is an employee of Z.U,✓�-W , the firm responsible for the preparation of the record drawings. �114 , � a J 4\ a Ignature -- (Engineer stump required) Bill of Sale 5of5 KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: March 5, 2013 SUBJECT: Meridian Valley Creek Enhancements Project — Accept as Complete MOTION: Accept the Meridian Valley Creek Enhancements Project as complete and release 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. SUMMARY: This project improved 460 feet of an existing creek channel, enhancing habitat conditions and reducing flooding potential. Improvements include: • Installation of native plants as well as logs and spawning gravel for habitat enhancements • Construction of a 200' long flood wall • Rerouting of the existing channel away from nearby homes This project occurred along the creek channel at the north end of the Meridian Valley Country Club. EXHIBITS: Site Map RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Funded out of the storm drainage utility. Meridian Valley Creek Enhancement Project - Area Map 5469500310 l rl rJ i / / % ' S469500220 r� ,I'(�; v / s469soozso i/V' �"s4s9slofo�z4o 4 � s469sooz3o fii +' /"/// /`� 54/950044o 5469500430 " 9� s4��9°so0420 r r/ p ihDDll� 5469'U3680 J 4/i �5469603650 /��q��" 1 „v ,5469503640�%/ I' Legend 0 37.5 75 150 225 300 — — Right of Entry Area Feet Construction Boundary Parcels Streams Map by Matt Knox,City of Kent Engineering 3/26/12 Saved as meridian_valley_creek_restoration.mxd 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 January 15th, 2013 Committee Members Present: Les Thomas, Chair, Dennis Higgins and Jamie Perry The meeting was called to order by L. Thomas at 4:02 p.m. 1. APPROVAL OF MINUTES DATED JANUARY 2ND, 2013. D. Higgins moved to approve the Operations Committee minutes dated January 2nd, 2013. J. Perry seconded the motion, which passed 3-0. 2. APPROVAL OF CHECK SUMMARY REPORT DATED 12/15/2012 THROUGH 12/31/2012. J. Perry moved to recommend that the City Council approve the Check Summary Report dated December 151h, 2012 thru December 31", 2012. D. Higgins seconded the motion, which passed 3-0. 3. PART-TIME WITH BENEFITS COMMUNITY OUTREACH POSITION- AUTHORIZE. L. Patterson requested the council to approve a .6 FfE position with benefits. This position would be responsible for reaching out to the diverse groups and help bring diverse candidates to the city positions. There is an employee, who was laid off last year, who fits this position perfectly. She has worked in Human Resources before and has connections with different diverse groups. Mr. Higgins asked if the position was being created for this one person, L. Patterson responded that the position was being created to reach the council's strategic goal and this person fits the position perfectly. This position would report directly to the HR Director. D. Higgins moved to recommend that the city establish a 60% part-time with benefits position to enhance the city's ability to reach diverse communities as part of its hiring procedures, and amend the budget accordingly. J. Perry seconded the motion, which passed 2-1. 4. 2013 INSURANCE PROGRAM REVIEW-INFORMATION ONLY. C. Hills presented the annual update on the insurance programs. He said that due to hardening of the Liability Insurance market, premium increases have averaged 6%. Our premium will increase approximately $23,000, which represents a 3.4% increase. Our current Excess Worker Compensation insurer, Safety National Casualty, has adopted a minimum premium philosophy for public entities. As a result, our premium will increase from $43,000 in 2012 to $50,000 in 2013. This represents a 15% increase. Premium cost is still below the 2003 rate, based on coverage changes instituted for the 2012 policy year. Operations Committee Minutes January 15, 2013 Page: 2 S. SHOWARE REVENUE REPORT- INFORMATION ONLY. B. Wolters appeared before the committee members to find out if they wanted to let SMG make decisions on the future opportunities for the ShoWare Center. The committee members agreed that the council does not need to review each opportunity and approve. The new trend is that the promoters are not willing to take the risk so they require the buildings share the risk with the promoter on each show. SMG is working on three new concerts. The management gave the promoters verbal approval because any delay could have negative impact on the future business with the promoters. 6. NOVEMBER SUMMARY FINANCIAL REPORT- INFORMATION ONLY. B. Nachlinger presented that our fund balance is projected to be in the positive. We have been trying to be conservative with our expenses. Our projected revenues are anticipated to be up and our expenditures will be under budget. Finance Department has been working other departments to improve the workforce. The meeting was adjourned at 4:49 p.m. by L. Thomas. Satwinder Kaur Operations Committee Secretary EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION