HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/05/2013 CITY OF KENT
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Agenda
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March 5, 2013
Mayor Suzette Cooke
Dennis Higgins, Council President
Councilmembers
Elizabeth Albertson
m Bill Boyce
Jamie Perry
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Dana Ralph
u Deborah Ranniger
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Les Thomas CIFY CLERK
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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
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COUNCIL WORKSHOP AGENDA
5:30 p.m.
Item Description Speaker Time
1. Gaming Les Thomas 30 minutes
2. Council Retreat Dennis Higgins 30 minutes
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COUNCIL MEETING AGENDA
7:00 p.m.
1. CALL TO ORDER/FLAG SALUTE
2. ROLL CALL
3. CHANGES TO AGENDA
A. FROM COUNCIL, ADMINISTRATION, OR STAFF
B. FROM THE PUBLIC - Citizens may request that an item be added
to the agenda at this time. Please stand or raise your hand to
be recognized by the Mayor.
4. PUBLIC COMMUNICATIONS
A. Public Recognition
B. Community Events
C. 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. For TDD relay service call the Washington
Telecommunications Relay Service at 1-800-833-6388.
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COUNCIL WORKSHOP
1) Gaming
2) Council Retreat
CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
PUBLIC COMMUNICATIONS
A) Public Recognition
B) Community Events
C) 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.
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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
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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
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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;
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• 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
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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
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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
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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
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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.
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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
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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
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9�
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5469'U3680 J
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,5469503640�%/
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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