HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/18/2014 CITY OF KENT
Agenda
City Council Meeting
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March 18, 2014
Mayor Suzette Cooke
Darla Ralph, Council President
Councilmembers
Jim Berrios
Bill Boyce
Brenda Fir7cher
Dennis Higgins
Deborah Ranniger
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Les Thomas
homas C,-ry CLERK
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KENT CITY COUNCIL AGENDAS
KENT March 18, 2014
w s v ro Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
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COUNCIL WORKSHOP AGENDA
5:00 P.M.
Subiect Speaker Time
Councilmember Orientation Pat Mason, MRSC 30 min
Kent Branding Program Tom Brubaker/Ben Wolters 60 min
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. Danny and Julia Pierce Tribute
B. Public Recognition
C. Community Events
1. Adopt A-Street Program
D. Introduction of Civil Service Commission Appointee, Jeff Piecewicz
E. Introduction of Human Service Commission Appointee, Amelia Drake
F. Public Safety Report
G. Legislative Update
H. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshop — Approve
B. Payment of Bills — Approve
C. Appointment to Kent Civil Service Commission — Confirm
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. Appointment to Kent Human Service Commission - Confirm
E. Cumulative Contributions-Traffic School and Target Zero Teams Funds
— Accept
F. $15,000 State Farm Grant — Citywide Illegal Street Racing
Enforcement/Education Campaign— Accept
G. Ordinance Amending KCC 9.02 Correcting Code Sections for Menacing
and Lewd Conduct - Adopt
H. Ordinance Amending KCC 13.05.050 - Fireworks Penalty - Adopt
I. Boeing Company - Release and Cancellation of Sanitary Sewer
Easement — Approve
J. Boeing Company - Release and Cancellation of Public Turnaround
Easement — Approve
K. 2013 Consolidated Annual Performance Evaluation Report — Approve
L. First Amendment to the 2014 Community Development Block Grant
Annual Action Plan — Approve
M. First Amendment to the 2013-2017 Consolidated Plan for Housing and
Community Development — Approve
N. Goods & Services Agreement with TMG Services for Chlorination
Equipment for Kent Springs - Approve
0. Kent Regional Trails Connector Project Grant - Accept
P. Consultant Services Agreement with Tetra Tech, Inc. for 2014 Lakes
Water Quality Monitoring — Approve
Q. Panther Lake Substation License Agreement — Authorize
8. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION
A. To consider the acquisition or sale of real property, as per RCW
42.30.110 (b) & (c)
12. ACTION AFTER EXECUTIVE SESSION
13. 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) Councilmember Orientation
2) Kent Branding Program
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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
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PUBLIC COMMUNICATIONS
A) Danny &Julia Pierce Tribute
B) Public Recognition
C) Community Events -Adopt A-Street Program
D) Civil Service Commission Appointee, Jeff Piecewicz
E) Human Service Commission Appointee, Amelia Drake
F) Public Safety Report
G) Legislative Update
H) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through Q.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of
February 18, 2014 and the special Council meeting of February 25, 2014.
7B. Approval of Bills.
Approval of payment of the bills received through February 15 and paid on
February 15 after auditing by the Operations Committee on March 4, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/14 Wire Transfers 5766-5780 $1,762,487.43
2/15/14 Regular Checks 680428-680712 $1,872,838.98
Void Checks ($72,634.23)
2/15/14 Use Tax Payable $3 023.48
$3,565,715.66
Approval of checks issued for payroll for February 1 through February 15 and
paid on February 20, 2014:
Date Check Numbers Amount
2/20/2014 Checks 334366-334502 $71,038.56
Voids and Reissues
2/20/2014 Advices 325325-325943 $1,210,221.87
$1,281,260.43
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11 � KENT
Kent City Council Workshop
March 4, 2014
The workshop meeting was called to order at 5:00 p.m. by Council President Ralph.
Councilmembers present: Ralph, Boyce, Berrios, Fincher, Higgins, and Thomas.
Councilmember Ranniger arrived at 5:20 p.m.
Council President Ralph welcomed everyone and new Councilmember Brenda Fincher.
B&O Proiect List - Tim LaPorte, Public Works Director introduced the item and
distributed a list of the proposed utilization of B&O funds for 2014. He noted that
there were two items that were removed from the list from the Public Works
Committee. He communicated that the primary project on the list is the overlay of
North Central Avenue from Smith Street to Novak Lane. He noted that there is repair
work on Gowe Street going on now.
Council President Ralph communicated that in keeping with the spirit of the
conversation with the business community the neighborhood traffic calming program
was removed and Councilmember Higgins noted that it is important for the Council to
find funding for the program.
Councilmember Boyce inquired about the North Central Avenue overlay and LaPorte
replied why the project was chosen. LaPorte continued and discussed the "in-house"
projects and that a contractor would be hired to handle the North Central Avenue
project because of its size.
Councilmember Higgins thanked the City staff for the list. He stated that the staff
knows the priorities and what needs to be fixed. He added that he doesn't blame the
Chamber of Commerce for pointing out that the B&O tax wouldn't exist if it weren't
for their support. He stated that he made a mistake two years ago and neglected to
ensure some non-B&O funds were maintained for street maintenance. He
communicated that he will be striving this fall to find some funds to take care of
street maintenance because the City is behind with it.
Councilmember Boyce verified that the projects on the list would be completed in
2014. LaPorte added that the City is using the leftover funds from 2013 and the funds
from the first three quarters of 2014 for these projects. Boyce also verified that the
current progress on 256th Avenue is undergrounding of power lines and there should
be paving going on in July.
Council President Ralph communicated that this list was presented to the Council as a
menu and it has helped her identify that the Council needs to find some funds to
address these needs.
Riverbend Golf Complex - Tom Brubaker, Interim Chief Administrative Officer
communicated that the golf course has been in existence for 25 years and run as an
enterprise. Over the years there have been some successes and failures and the bond
has been paid off. He stated that a main issue is that golf in the country has hit a
plateau and courses are struggling nationally. The other reality, he pointed out, is that
Kent City Council Workshop Minutes March 4, 2014
the City went through a five-year recession and doesn't have general fund monies to
play with. As a result of these challenges, the golf complex is $2.6 million in debt and
in sore need of infrastructure improvements and the total amount needed to fix the
course and pay off the debt is $8 to $9 million. He stated that over the years this
Council and previous Councils have tried to find a way to right the downward trend at
the golf course. He added that the Council, Administration, and the Parks and
Community Services Director, Jeff Watling have attempted to come up with a solution
and the only one they have come up with is to sell the Par 3 course in order to pay
the debt and begin to make improvements on the rest of the complex. He said
Watling will discuss the history, outline the options, and discuss solutions.
Additionally, he said Colin Lund will then speak, a developer, who will communicate
concepts and ideas and what his firm would like to do at the site. Finally, he noted
that Economic and Community Development Director, Ben Wolters and Economic and
Community Development Manager, Kurt Hanson will then discuss what the City needs
to do to move forward if the option to sell is chosen.
Watling discussed three challenges. First, capital reinvestment is needed to keep
Riverbend Golf Course competitive. Second, the $2.6 million in operational debt needs
to repaid. And third, how to create a sustainable annual operating budget for the
complex. He noted that there have been numerous operating models that have been
tested and none of them have worked as the capital constraints are still looming. He
communicated that there three options in regards to the entire complex have been
explored. These options are, first, The Riverbend Golf Complex stays an enterprise
with the management and operations functions outsourced, second, Keep Riverbend
as an enterprise, but resize the operation, and third, Transition Riverbend into the
General Fund Budget. The problem with all of these, he stated, is that the debt isn't
taken care of with either of them. Additionally, with the General Fund option there
would be a $650,000 - $1 million or more burden on the General Fund.
Councilmember Higgins confirmed with Watling that a $1 million burden would
represent five years and the $650,000 would be over a ten year period.
Councilmember Boyce also verified that these three options only pay the debt and
don't include the maintenance problem.
Watling continued and noted that the General Fund isn't presently able to absorb this
without some decisions on other cuts needing to be made. He communicated that the
enterprise option would entail reducing the size of the complex, thus reducing
operational costs. Proceeds from this sale or lease, he pointed out, would pay off debt
and fund capital improvements. This would take mitigation to ensure the golf complex
remains accessible for people of all ages and all abilities. Watling displayed what the
resizing option would look like on a satellite map of the complex. He added that some
of the considerations are what is the pattern of use, where does the City generate
revenues, and how might the City replicate the services currently offered? He noted
that the golf course generates 50 percent of the golf complex revenues, the driving
range generates 40 percent, and the Par 3 generates the remaining 10 percent. He
communicated that the resize would include a training/learning center with a smaller
footprint and a putting area that could be used for junior golfers and those who want
training. He discussed the 18-hole golf course and possibly including "Tee-It Forward
Yardages" to make the distances shorter which lessens the intimidation factor for
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Kent City Council Workshop Minutes March 4, 2014
senior and youth golfers, thus maximizing the 18-hole course. He displayed the
advantages and disadvantages of the re-size option. He said the disadvantages are
the loss/re-use of public property and change. However, he noted that the
advantages are improving operational sustainability, paying off the interfund loan,
funding current and capital investments, and the Riverbend Golf Course remains a
public facility for all ages and abilities. Watling added that the policy implications are
whether there is commercial interest in the property, how does the City and
community work through the change, and how does the City ensure an appealing
project that will benefit the community.
Councilmember Boyce inquired about how this would work with people using short
tees and those playing regular tees. Watling replied that all of the players would have
the same tee times, but even the people using the shorter tees would be expected to
play at a normal golf pace.
Brubaker introduced Colin Lund and noted that the City is in a tough financial bind
with Riverbend. However, he felt the property is a jewel, it's next to the Green River
and trail, an ecological restoration site, has access to Interstate 5 and if it is
redeveloped there would be an exciting and new redevelopment in that part of the
City. He added that there are wonderful opportunities that may present itself if the
City sells the Par 3.
Colin Lund, Yarrow Bay Holdings, stated that this site would be a great place for
people. He stated that he was asked to give his opinion and agreed there would be
interest in the development community for the property. Lund communicated that the
proximity to the trail, Interstate 5, and REI make the property very attractive. He said
this property offers a great opportunity to connect neighborhoods, revitalize the area,
and offers shopping and recreation opportunity. He discussed potential uses of the
property and said the site is well-suited for higher density residential with ground
floor retail and living units above. He added that it has great potential for restaurants,
bike shops, and has a signature corner for an inviting business. Also, there is a great
opportunity to integrate the trail and an open area for entertainment. Lund continued
his presentation and discussed specific amenities that the area could have. He
discussed Juanita Village in Kirkland as an example of what this site could resemble
and highlighted several streetscape concepts. Lund discussed water features and
spaces for larger gatherings that could be located on the site. However, he
communicated that all of these things are hard to achieve unless the City is a
"regulator' and enters into a private/public partnership to ensure that the City gets
what it wants on the site. He said the City may also want to consider a lease option to
pay down the debt on the property.
Councilmember Boyce verified with Watling that the three options presented were
derived from the Parks and Human Services Committee meeting. He further
communicated that there are many other options, like marketing, etc. However, there
aren't any that individually address all three of the issues. He stated that two of the
three solutions presented won't take care of the debt nor the improvements and that
the City's back is up against the wall and can't continue to take funds out of the
General Fund to keep the Par 3. Watling added that the funds don't come directly
from the General Fund.
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Kent City Council Workshop Minutes March 4, 2014
Councilmember Boyce verified that Watling has shared these options with several of
the groups who are concerned with the Par 3. However, Watling pointed out that the
junior golf community doesn't see this new facility as adequate because there are
only three holes planned not nine.
Councilmember Ranniger verified that the new facility would be in conjunction with
retrofitting the 18-hole course.
Watling pointed out that the resizing option was investigated by him and he is
struggling with how the City can afford the entire golf complex. Consolidating the
property so the City can still run the golf complex, creating the three tee course and
adjusting the 18-hole course makes this a more affordable package, he summarized.
Councilmember Higgins said he is fairly confident in the City's ability to solve the
operational piece. However, that won't solve the debt and verified with Watling that
capital reinvestment can't wait. He added that the facility needs water, structural
improvements, new turf, irrigation repairs, equipment upgrades, and all of this has
been deferred. He asked about putting together a small bond issue for the voters and
Watling verified that it would take 60% approval for a bond of $8 million. Watling
questioned where this would rank compared to the rest of the City's needs. He
communicated that there will be discussion at the Council retreat about the City's
other reinvestment issues such as streets, needing a new police headquarters, etc.
and bringing a bond forward would need to be considered along with the rest of the
infrastructure needs of the City. Councilmember Higgins announced that he wants to
keep the Par 3, if he can, but pointed out that several Puget Sound cities have closed
or sold their golf courses. He noted that it has been pointed out that Riverbend is a
regional facility, but when he discussed obtaining funds for the complex with a King
County Councilmember, he was laughed at and they stated that they are having to
reduce human services funding.
Councilmember Thomas communicated that if this is sold it needs to be a very well
done development. He said he would be very interested in seeing a very detailed
contract or document in place to ensure the development is done properly.
Brubaker discussed the DevCo development and communicated that the City staff has
also worked on very successful developments like Kent Station and Springboard. He
stated that the City staff is very capable of doing this right.
Ben Wolters, Economic and Community Development Director, communicated that the
first step in moving forward if the Council directs the City staff to do so is asking for
statements of qualification from potential developers. The RFPs would then be paired
down to two or three finalists and a rigorous RFP process would begin which would
lead to the City determining who their partner would be. If the process goes in this
manner there would be a financial goal to draw down the debt. Additionally, this
would have to be a marquee project with many different ways the agreement could
be structured to create flexibility in order ensure the City's milestones were met as
the project progressed.
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Kent City Council Workshop Minutes March 4, 2014
Council President Ralph asked that once the property is sold does the Council have
the option to determine what the retail property would become. Wolters responded
that there was a tremendous amount of interest at Kent Station and there can be
some phasing to ensure certain businesses go there. If the property is marketed
jointly, there is more direct intelligence about what is going on. However, only to a
certain point. The tenant mix, incentives, and other options to include financial, would
need to be included in the agreement between the City and the developer.
Councilmember Boyce confirmed with Wolters that the City can withdraw the sale in
Phase I if there isn't any interest in the property. Additionally, if there are two or
three finalists and the City can't come to an agreement with any of them, the sale can
be terminated. Also, the property sale and development can be phased and clauses
can be built into the negotiations. The goal, he said, is to find a developer who's
interest aligns with the City's. Councilmember Boyce confirmed with Watling that if
there was another recession the City would need to determine what it could afford. He
added that the worst case would be to close the golf complex and possibly lease the
18 hole course to a golf management company.
Councilmember Higgins confirmed with Watling that the cost to add the Par 3 into the
parks system would be about $250,000 annually. He communicated that the
enterprise would then consist of the 18 hole course and driving range it would still be
millions of dollars of debt. He also asked if there is any way Top Golf or some other
company could come in and throw their ideas into developing the property. Wolters
communicated that there is a way to create a hybrid, but it might lessen the amount
of prospective investors who want to develop the property.
Watling communicated that Top Golf is to golf what Acme Bowl is to bowling. He
noted that it would turn the Par 3 into a food and beverage, go there with your
buddies on a Friday or Saturday night, lights, beer, with special balls and special
targets, almost a party type of establishment. These are key operational questions.
Councilmember Fincher inquired about the walkability of the 18-hole golf course.
Watling communicated that you can play 9 holes with the forward tees. It is a longer
walk, he explained, but there may be an option to have reduced carts. He said those
three holes would be good for those with mobility concerns.
Councilmember Thomas communicated that the Council has been discussing this for
years now and he doesn't think any of the Council wants to sell the Par 3 course.
However, he said if something isn't done a future council will possibly have to close or
sell the entire golf complex, to include the 18 hole course. The Council needs to do
something, he said.
Council President Ralph said something needs to be done and her biggest struggle is
every reason to sell it is every reason not to. It has a view, the river, and the access
are reinforcing why this property is important to the City. She said this is her hardest
decision in her two years on the Council.
Councilmember Boyce communicated that he doesn't think the City can continue
going down this path. He felt Watling and Wolters should investigate options to make
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Kent City Council Workshop Minutes March 4, 2014
this work and the Council should begin investigating alternative options if there isn't a
way to keep the Par 3.
Councilmember Ranniger agreed with Councilmember Boyce and said this has been a
long process. She communicated if the debt, the need to invest, and the ongoing
operations issues weren't there this would be easier to find a solution. Going down
this path still allows for a golf experience for those of varying ages and abilities by
having a 3-hole course and shortened tees on the 18-hole golf course. However, the
concerns about losing the access can be mitigated by careful controls in the
development. She said this would allow for more people to be able to use the
property. This type of development option broadens the amount of usage people
within Kent can share. She summarized that having clear controls in place will be
pivotal to anything that is done and doesn't favor moving forward until those controls
are in place.
Councilmember Fincher communicated that she favors public lands and wants to see if
there are any management companies out there to look at this and see if it can be
saved. However, the City needs to pull itself out of the debt.
Councilmember Boyce added that any type of company that can help with this issue is
preferred.
Councilmember Ralph also pondered if there is any golf management company that
can offer the City a plan. Watling communicated that there are several golf consultant
companies out there which offer those services. However, there is a financial cost to
it, he said.
Brubaker said he is skeptical that there is any company that can offer a solution to
take over, clear the debt, and operate the course. They would also need to address
the improvements that are needed, he pointed out. He warned that the repairs on the
course are not small and the issue is complex. He concluded that the entire complex
is losing money and the only way to fix it is to sell the Par 3.
Councilmember Higgins requested proposals or qualifications from golf consultant
firms in an RFP/RFQ process to be outside operators of the course.
Brubaker questioned if the City staff should also move to also look at buyers of the
property at the same time because if the Council doesn't express a serious interest in
selling the course there won't be any development interest.
Councilmember Higgins said that the Council is obviously interested in selling the
property or this discussion wouldn't be occurring. He also noted that he isn't
foreclosing the idea of coming up with a solution to solve all three of the issues,
either.
Councilmember Ranniger inquired if it would be best to look for an operator to solve
the three issues first, then if no one is found, move to find a buyer.
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Kent City Council Workshop Minutes March 4, 2014
Wolters confirmed that it makes sense to exhaust all possible opportunities to find an
operator to manage the property, then if none surface, look to any developers who
would want to develop it.
Councilmember Thomas communicated that no one would want to take over $2.6
million in debt. He felt the development of the property and working on the controls is
the way to go.
Councilmember Ranniger restated that its best to first determine if there are any golf
management operators who could offer a solution, then look for possible developers if
there are none who would be interested.
Watling communicated that the process would take six months to determine if there is
a golf management company who would handle the course.
Councilmember Boyce agreed with determining if there is a golf management
company out there first, then moving forward with the sale if there isn't.
Councilmember Ranniger communicated that while a management company is being
sought, the controls which would go along with the possible sale could be determined.
However, she felt that an outside operator could handle one, but not all three of the
problems that exist with the complex.
Councilmember Fincher felt that a last look is warranted and if a management firm
doesn't take this over, it would be a good time to look at what the City wants to see
in this new space that might be developed.
Watling said he would want it clearly stated in the RFP what the state of the current
golf complex is.
Councilmember Ralph summarized that the consensus is to go forward with the RFP
for a golf management company to handle the golf complex.
Watling stated that his goal is to find a sustainable solution to the golf complex.
Councilmember Ralph said this is something that the Council takes extremely
seriously and this is a step forward.
The meeting adjourned at 6:51 p.m.
Ronald F. Moore, MMC
City Clerk
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KENT
Kent City Council Meeting
March 4, 2014
The regular meeting of the Kent City Council was called to order at 7:01 p.m. by
Mayor Cooke.
Councilmembers present: Boyce, Fincher, Ralph, Ranniger, and Thomas.
Councilmember Higgins arrived at 7:02 p.m.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Ralph removed items M
and N from the Consent Calendar.
B. From the Public.
PUBLIC COMMUNICATIONS
A. Oath of Office, Councilmember Fincher. City Clerk, Ronald F. Moore,
administered the Oath of Office to Councilmember Fincher who was appointed to
Council Position No. 6. Councilmember Fincher introduced her family and friends who
were in the audience.
Council President Ralph communicated that Councilmember Fincher will serve on the
Public Works Committee and the Parks and Human Services Committee.
B. Public Recognition. Council President Ralph communicated that she attended
Sarafina! last Friday which was put on by the teens at the Kent Community Center
Phoenix Academy. She said it was a great production. Mayor Cooke also added that a
City volunteer, Ty Whitfield assists the youth in the community and she worked with
them to make this play happen.
Council President Ralph also applauded the Kentridge Robotics Team for winning the
Innovation Award at the robotics competition at the Auburn Mountainview Academy.
She added that her son is a member of the team. She also thanked the Parks and
Recreation Department for the Kent Kids Arts Day.
Councilmember Boyce wished Councilmember Higgins a happy birthday and the
Council and audience sang "Happy Birthday" to him. Councilmember Higgins
introduced his wife and daughter in the audience.
Mayor Cooke thanked Acting City Attorney Fitzpatrick for his great work and testimony
in the Washington State Court of Appeals on February 24. She stated that he handled
the questions from the judges very well.
Interim Chief Administrative Officer Brubaker communicated that Fitzpatrick is a very
talented attorney and his testimony and work is unparalleled.
Kent City Council Meeting Minutes March 4, 2014
Acting City Attorney Pat Fitzpatrick thanked Kim Komoto, Legal Analyst and Robert
Goehring, City Auditor. He noted that it will take three to six months for the City to get
a response on the appeal.
Mayor Cooke pointed out that our case is a civil case.
Mayor Cooke stated that Bob Nelson, the director of the Oscar-nominated film
"Nebraska" graduated Kentridge High School.
Councilmember Higgins recognized the Kentridge Girls basketball team and Kentwood
Boys basketball team for their participation in the Washington State basketball
tournament and wished them luck.
Mayor Cooke recognized all high school seniors who are preparing for their oral
presentations this week at Kent-Meridian and Kentridge high schools.
C. Community Events. None.
D. Legislative Update. Michelle Wilmot, Public Information Officer, reported on the
session in Olympia. She stated the session is slated to end on March 13. She said
there hasn't been a lot of activity on our top priority items. Yesterday, she noted that
the deadline for the items to pass out of the budget and transportation committees,
otherwise they would be considered dead for this session. Wilmot highlighted that this
Friday is the last day for the house to consider bills from the senate and for the senate
to consider bills from the house, unless they are budget related. She noted the senate
passed their operating and capital budgets last week and the house passed its
operating and capital budgets out of committee, not the house floor. The
transportation budget has passed both the senate and house. However, this has
nothing to do with the transportation investment package. She communicated that a
multi-billion legislative transportation package was introduced last week for major
projects, but it has some issues with moving forward, such as an 11.5 cent sales tax
on gas. She also noted that another challenge is that this legislation calls for sales tax
collected for transportation projects to go to transportation funding, instead of the
general fund. She communicated that there is $9 million in streamlined sales tax and
annexation sales tax credits and those funds are needed by Kent and look to be
untouched in both of the budgets. As far as liquor revenues, the City's lobbyist noted
that it looks like there will be a battle between how liquor revenues and future
marijuana revenues are distributed. She noted that the City receives about $920,000
in liquor revenues per year and both the senate and house budgets don't offer any
restoration of those revenues. She reported that the City's capital budget request for
the remaining $600,000 for the 228th connection is included in the house capital
budget. Additionally, she said the house and senate capital budgets include flood
control funding for $25 million. Wilmot discussed the statewide gangs database and
reported that those funds aren't in any of the budgets, but Senator Fain is supportive
of this item. The house operating budget has about a $500,000 grant program for
gang intervention. She noted the measure to have cities have more public works
projects brought in-house was approved by the house and is in the senate.
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Kent City Council Meeting Minutes March 4, 2014
Mayor Cooke communicated that in 2009 the bill lowered the cap for in-house projects
from $90,000 to $65,000. She added that the request is to increase the limit to
$125,000.
E. Intergovernmental Reports. Council President Ralph communicated that the
Regional Law Safety and Justice committee met last Thursday and a discussion
occurred about public defense and a finding that cities have been preventing indigent
people from adequate counsel. This has generated a lot of discussion and a limit has
been set to 400 cases per year. She noted that there is more to come and will have a
budget impact in the future as this will lead to move defense staff being required in
the City's jails.
Acting City Attorney noted that Brubaker, Human Services, and himself have met. He
said they are going to make revisions to their process to ensure they comply with the
new rules.
Councilmember Higgins highlighted that the Sound Cities Association Board of
Directors approved to hire a replacement for Monica Whitman who was hired by the
City of Kent and to create a subcommittee to determine how to fund one additional
staff member. He added that the Regional Transit Committee met and discussed the
actions of the King County Council to create a Transportation Benefit District (TBD)
and move forward to the ballot in April an issue to implement a $60 car tab fee and a
one-tenth of 1% sales tax for transportation. The split would be 60% to King County
and 40% to cities with Kent receiving $3.1 million. Additionally, a low income fare
would be implemented. He noted that the King County Council acting as the TBD
passed this by a 9-0 vote.
PUBLIC HEARINGS
None.
PUBLIC COMMENT
1. Heidi Wills, Seattle - Spoke on behalf of First Tee, Inc. She noted that it is a national
organization to serve the youth through the game of golf. This organization serves the
needs of children. She stated that First Tee works with 35 physical education teachers
in the schools and serving 14.000 students who use Riverbend Golf Course. She said it
seems to be an easy solution to sell the course, but safe places are needed for the
youth to use.
2. Evan Johnsen, Seattle - Spoke as the program director of First Tee. Johnsen said his
interest is in the youth and taking care of those in the general community. The needs
of the youth can't be met in schools or in family and their education is supplemented
by the golf course, he said. He said they have done their due diligence and Riverbend
is the only location for them to do their training. He asked the Council to do everything
in its power, but either keep the Par 3 or the training facility that was discussed in the
workshop.
3
Kent City Council Meeting Minutes March 4, 2014
Councilmember Ranniger communicated that this isn't an easy decision and that this is
very difficult. She said this decision is still on hold for at least another six months so
the Council can find a solution for all users and the community to work on it.
3. Zachary Lockhart, Des Moines - Discussed the possible sale of the Par 3 golf course.
He communicated that he has met many friends there and that the course is great.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
L, seconded by Councilmember Thomas.
A. Minutes of the workshop and regular Council meeting of February 18, 2014
and special meeting of February 25, 2014 — Approve. The minutes of the
workshop and regular Council meeting of February 18, 2014 and special meeting of
February 25, 2014 were approved.
B. Payment of Bills — Approve. The Council approved the payment of the bills
received through January 15 and paid on January 15 after auditing by the Operations
Committee on February 18, 2014.
C. Excused Absence for Councilmember Berrios - Approve. The Mayor was
authorized to approve an excused absence for Councilmember Berrios who is unable to
attend the March 4, 2014 Council meeting.
D. B&O Tax Exemptions and Deductions Ordinance - Adopt. Ordinance No.
4106, amending Chapter 3.28 of the Kent City Code, to adopt additional exemptions
and deductions and to clarify a portion of the square footage tax component of the
City's B&O tax.
E. New Water Superintendent I Classification - Approve. The Mayor was
authorized to add the Water Superintendent I classification as a recognized
classification within budget documents subject to final terms and conditions acceptable
to the Human Resources Director and Public Works Director.
F. Position Change from Supervisor to Special Proiects Manager - Approve.
The Mayor was authorized to approve a position change in the Public Works
Department from Supervisor to Special Projects Manager subject to final terms and
conditions acceptable to the Human Resources Director and Public Works Director.
G. Consultant Agreement for the Green River Trail Proiects from Veterans
Drive to Three Friends Fishing Hole — Authorize. The Mayor was authorized to
sign the Consultant Agreement with the Berger Partnership, P.S. for $161,555.00 to
provide landscape architectural services for two projects along the Green River Trail,
subject to final terms and conditions acceptable to the City Attorney and the Parks
Director.
H. Land O' Frost Donation Agreement - Authorize. The Mayor was authorized to
accept the $19,000 donation from Land 0' Frost for the 2014 season of youth sports
4
Kent City Council Meeting Minutes March 4, 2014
programs and authorize the Mayor to sign the donation agreement, subject to final
terms and conditions acceptable to the City Attorney and the Parks Director.
I. 2014 Washington State Slo-Pitch Umpires Association Agreement -
Authorize. The Mayor was authorized to sign the Washington State Slo-pitch Softball
Umpires Association Agreement for the 2014 season, subject to final terms and
conditions acceptable to the City Attorney and the Parks Director.
J. Fire Station #74 Data Center Remodel Agreement with Dutton Electric
Company, Inc. — Authorize. The Mayor was authorized to sign the contract with
Dutton Electric Company, Inc. to perform all work for the new city-wide Data Center at
Fire Station #74 in the amount of $53,232.33, including WSST, subject to final terms
and conditions acceptable to the City Attorney and the Parks Director.
K. 2013 Fourth Ouarter Fee-in-Lieu Funds — Accept. The Mayor was authorized to
accept $7,875.00 for fourth quarter 2013 fee-in-lieu funds and authorizing the
expenditure of funds in the Garrison Creek Park Budget.
L. Malik Ridge Final Plat — Approve. The Mayor was authorized to approve the final
plat for Malik Ridge and authorize the Mayor to sign the mylars.
M. Boeing Company — Release and Cancellation of Sanitary Sewer Easement —
Approve. The Mayor was authorized to approve a Release and Cancellation of the
Sanitary Sewer Easement with the Boeing Company, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
N. Boeing Company — Release and Cancellation of Public Turnaround
Easement — Approve. The Mayor was authorized to approve the Release and
Cancellation of the Public Turnaround Easement with the Boeing Company, subject to
final terms and conditions acceptable to the Public Works Director and City Attorney.
OTHER BUSINESS
A. Consultant Services Contract with Karras Consulting — Authorize. - Lorraine
Peterson, Human Resources Director discussed the item. She noted that this item was
brought to the Operations Committee in September and $3,700 was spent in
advertising the position. She noted that the City received some responses, but yielded
no fully qualified applicants. Additionally, she stated that the three reasons Karras can
do this recruitment are first, the Human Resource Department isn't staffed to do
executive searches. She noted that executive searches utilize a lot of resources and
entail doing full candidate profiles, having an executive database, and doing
background checks. She pointed out that Karras utilizes its database and contacts
possible highly qualified executive candidates about vacant positions. She
communicated that another positive in using Karras Consulting is that they have had
very successful recruitments in the State of Washington. She communicated that
Karras also limits the number of recruitments they handle at one time in order to give
their clients the attention they deserve. Patterson explained that Karras has great
references and they are experienced in networking and finding the right candidate.
5
Kent City Council Meeting Minutes March 4, 2014
Councilmember Fincher questioned if the salary range here in Kent would be sufficient
to attract a candidate who is currently comfortable in their present position and
Peterson commented that our package is very acceptable. Furthermore, she
communicated that it would take about 12 weeks to identify a proper candidate for the
Chief Administrative Officer (CAO) position.
Councilmember Higgins inquired if the funds for this executive recruitment were
budgeted and Peterson said it wasn't and it would need to come out of the general
fund. Assistant Finance Director Paula Barry added that budget funds from vacant
positions could be used for this expenditure.
Mayor Cooke highlighted that normally an organization doesn't know when an
executive search would be needed. Councilmember Thomas added that the Council did
know when the CAO position was vacated and when the Finance Director was retiring,
so it could have been budgeted.
Councilmember Boyce moved to authorize the Mayor to execute a Consultant
Services Agreement with Karras Consulting to conduct searches for the Chief
Administrative Officer and Finance Director, in an amount not to exceed
$60,212, plus limited travel costs, upon approval of final terms and conditions
by the Human Resources Director and City Attorney, seconded by Council
President Ralph.
Councilmember Boyce communicated that he approves of this. He said he wanted
Patterson to do an initial recruitment and she did that did a great job at explaining
how this works in the human resource environment. He stated that it is important at
this level that the City gets the right people for the right job. He noted that Karras
Consulting has done a great job at filling positions throughout the state and that these
are two critical positions in the City that need to be filled.
Council President Ralph communicated that she has some concerns, but respects the
authority of the Mayor and will approve this contract.
A vote was taken on the motion on the table which carried 5-1.
Councilmember Thomas opposed.
Mayor Cooke thanked the Council in helping her find the best persons to perform in
these positions.
BIDS
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Ralph noted that at the workshop the B&O
List was discussed and consensus was obtained from the Council. There was also
discussion on the Par 3 Golf Course at the workshop and the Council received a
presentation from Brubaker and Watling. She noted that after a painful conversation
the decision was to put out an RFP for a golf management company who could operate
6
Kent City Council Meeting Minutes March 4, 2014
the site. She said there are three issues debt, reinvestment, and repair of the facility.
She said the RFP could take up to six months.
B. Mayor. Mayor Cooke discussed the Puget Sound Regional Council meeting and coal
and oil trains. She said that she will send the notes out and report from the future
special meeting to the Council. She said she will also have the Public Works Committee
to go into more depth to educate the local population on the trains that will be over a
mile long. She added that she wants to have the communication include congestion
and possible health effects. She noted that Washington has a responsibility to prepare
cities for the emergency management part of this.
Councilmember Higgins confirmed he will bring the issue up in his Public Works
Committee meeting.
Council President Ralph communicated that she has been speaking with the
Emergency Management Planning Department and they are onboard with the potential
hazards this brings and getting the City prepared for this in the future.
Mayor Cooke added that preparing for this scenario doesn't mean the City won't be
opposing this.
C. Administration. No report.
D. Economic & Community Development Committee. Councilmember Boyce said
there will be a meeting on Monday at 5:00 p.m. He is attending the first Regional Air
Quality Board meeting tomorrow at 2:00 p.m.
E. Operations Committee. In the minutes.
F. Parks and Human Services Committee. Councilmember Ranniger
communicated that the Riverbend Golf Complex will be brought to a future committee
meeting.
G. Public Safety Committee. Council President Ralph noted that there was no
meeting last month and the meeting is next Tuesday, March 11 at 4:30 p.m.
H. Public Works Committee. No report.
I. Regional Fire Authority. No report.
Mayor Cooke reopened public comment.
1. Drew Romine, Kent — Romine communicated that he is a member of First Tee and
uses the Par 3. He said he uses it a lot. He added that his family also loves the course.
2. Hayden Myers, Kent — Myers communicated that he also loves the Par 3 golf course.
He noted that a 77-year old golfer got a 2 with his hybrid club on the fifth hole.
EXECUTIVE SESSION
7
Kent City Council Meeting Minutes March 4, 2014
No executive session was held.
ADJOURNMENT
The meeting adjourned at 9:01 p.m.
Ronald F. Moore, MMC
City Clerk
8
KENT Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: March 18, 2014
SUBJECT: Appointment to the Kent Civil Service Commission - Confirm
MOTION: Confirm Mayor Cooke's appointment of Jeff Piecewicz to the
Kent Civil Service Commission for the remainder of Jim Berrios' six- year
term.
SUMMARY: I am delighted to recommend appointment of Jeff Piecewicz to the vacant
position on the Civil Service Commission. The vacancy was created when Jim Berrios
was elected to the City Council. The remainder of his term will expire on April 30,
2018.
Mr. Piecewicz has varied interests in the Kent community. He currently serves on the
Kent Public Facilities District Board, Citizens' Police Academy, Society for Human
Resource Management, Habitat for Humanity, Children's Ministries and the Special
Olympics, to name a few.
Jeff served 20 years in the United States Air Force. He received his B.S. in
Mathematics & Physical Science from Troy State University, his M.S. in Human
Services Management from Chapman University, and an MBA in Project Management
from City University of Seattle. His wealth of education, training and experience will
add value to his role on the Civil Service Commission.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
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40.
•
KENT Agenda Item: Consent Calendar — 7D
TO: City Council
DATE: March 18, 2014
SUBJECT: Appointment to the Kent Human Services Commission — Confirm
MOTION: Confirm appointment of Amelia Drake to the Kent Human
Services Commission to fill the vacant youth position for a two—year term
expiring January 1, 2016.
SUMMARY: Confirm appointment of Amelia Drake to the Kent Human Services
Commission to fill the vacant youth position for a two-year term — ending January 1,
2016.
I am pleased to recommend appointment of Amelia Drake to the Human Services
Commission.
Amelia is a freshman at Kent-Meridian High School where she holds a 4.0 GPA. She is
a member of the varsity soccer team, plays violin in the orchestra and is involved with
the Interact club — a service club at Kent Meridian that works with the Rotary club of
Kent.
Amelia cherishes Kent Meridian High School's diversity and feels fortunate to have the
opportunity to serve on the Human Services Commission representing youth, and
hopes that her service will make a difference in our community.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
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KENT
° Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: March 18, 2014
SUBJECT: Cumulative Contributions - Traffic School and Target Zero Teams
Funds - Accept
MOTION: Authorize the Mayor to accept current Traffic School contribution
fund balance of $79,600 and the Target Zero Teams grant fund balance of
$62,708, authorize amending the budget and authorize expenditure of the
funds in accordance with the grant terms and conditions acceptable to the
Police Chief and City Attorney.
SUMMARY: The city of Kent Police Department receives contributions and grant
donations for both the Traffic School and Target Zero Teams (impaired driving
enforcement) funds throughout the year. The donations range from $100 to $25,000.
Since the cumulative contributions received into these two accounts have not
previously been approved and accepted by the council and the combined total exceeds
$5,000, the Police Department seeks approval and acceptance of the funds in order to
maintain compliance with current Finance Department requirements.
EXHIBITS: None
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: Unanticipated Income
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•
Nl- KENT Agenda Item: Consent Calendar- 7F
TO: City Council
DATE: March 18, 2014
SUBJECT: $15,000 State Farm Grant - Citywide Illegal Street Racing
Enforcement/Education Campaign - Accept
MOTION: Authorize the Mayor to accept the $15,000 grant from State Farm
Insurance to implement a citywide illegal street racing campaign including
enforcement and community outreach, and authorize amending the budget
and expenditure of the funds in accordance with the grant terms and
conditions acceptable to the police chief and city attorney.
SUMMARY: The Kent Police Department received a $15,000 grant from State Farm
Insurance to implement a citywide illegal street racing program to include
enforcement and education components. The Police Department will implement the
high visibility enforcement model which has been successful in other areas of traffic
safety. The grant will fund enforcement by officers and a media/community outreach
component.
EXHIBITS: Acknowledgement of Contribution
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: Unanticipated Income
This page intentionally left blank.
i
ACKNOWLEDGMENT OF CONTRIBUTION
Internal Use Only By
Corporate Public Affairs
Please complete ALL sections.
ThePAR Kent
K.erit Police Departn-ienf Kent J1A
(name of organization as filed, no abbreviations) (city) (state)
acknowledges the receipt of State Farm Mutual Automobile Insurance Company's charitable contribution of
$15.000,00 which was received on Nlarc,h 4 2014 . (date)
PART B.
(Our records indicate that$15,000.00 is a charitable gift to your non-profit organization. Was any portion of this
contribution a direct,tangible benefit back to State Farm? For example: booth, table, or advertising. Please verify below.)
Were any goods or services provided to State Farm in consideration of this contribution?
V
No
Yes(if yes, on the line below, give a description and the value of the goods or services)
i
$
PART C.
Please indicate whether your organization is qualified or non-qualified as described in IRC
Section 601(c)(3), 170(c)(1) or 115(1). See note below.
X h <�rr7vntnunt
Qualified Non-Qualified N/A or Other: Specify' '
Note: In general, an organization qualifies under section 501(c)(3) if it Is a nonprofit group that meets the definition of a
charitable organization as prescribed in the Internal Revenue Code. An organization seeking recognition of exempt status
under section 501(c)(3) must file Form 1023 with the district director for the IRS district in which the organization is
located, Organizations may qualify under section 170(c)(1) if they are a governmental unit of the state or a political
subdivision of the state. Political subdivisions of a state are entities with one or more of the sovereign powers of the state
such as the power to tax. Typically they include counties or municipalities and their agencies or departments.An entity
that is not a political subdivision but that performs an essential government function may qualify under section 115(1).
PART D.
By signing below, I hereby agree that the above statements are correct regarding the amount and receipt of the
contribution, the value of goods or services provided, and the organization's status according to Section 501(c)(3),
170(c)(1)or 115(1).
Su efte CookF JI<rvr)r
Name(printed) Title
Signature Date
Kent Police Department
Kent, WA
Request ID 11616727
2014 DO
You may mail completed form OR fax to: (309) 766-2314
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KENT
Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: March 18, 2014
SUBJECT: Ordinance Amending KCC 9.02 Correcting Code Sections for Menacing
and Lewd Conduct - Adopt
MOTION: Adopt Ordinance No. amending Chapter 9.02 correcting
code sections for menacing and lewd conduct.
SUMMARY: On September 3, 2013, Council adopted ordinance No. 4087,
establishing the crime of menacing in the city of Kent. That ordinance was codified in
Section 9.02.295 of the Kent City Code.
On January 21, 2014, the Council adopted ordinance No. 4102 aimed at criminalizing
lewd conduct. This ordinance contained three new code sections. One of the code
sections was a definition section that was also codified in Section 9.02.295.
The two ordinances were codified in the same section of the Kent City Code due to the
fact that, at the time the lewd conduct ordinance was prepared, the code book had not
been updated to show the addition of the menacing ordinance in KCC 9.02.295. This
technical error requires the passage of an ordinance to recodify the crime of menacing
and reenact the code sections relating to the crime of lewd conduct.
This ordinance clarifies that the crime of menacing is recodified at section 9.02.293 of
the Kent City Code. The code sections relating to lewd conduct, which include a
definition section, the crime of lewd conduct, and the crime of facilitating lewd
conduct, will be reenacted in KCC sections 9.02.295, 9.02.296, and 9.02.297
respectively.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
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ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, recodifying the crime of
menacing and reenacting the code sections related
to the crime of lewd conduct.
RECITALS
A. On September 3, 2013, Council adopted ordinance No. 4087,
establishing the crime of menacing in the city of Kent. That ordinance was
codified in Section 9.02.295 of the Kent City Code.
B. On January 21, 2014, the Council adopted ordinance No.
4102 aimed at criminalizing lewd conduct. This ordinance contained three
new code sections. One of the code sections was a definition section that
was also codified in Section 9.02.295.
C. The two ordinances were codified in the same section of the
Kent City Code due to the fact that, at the time the lewd conduct ordinance
was prepared, the code book had not been updated to show the addition of
the menacing ordinance in KCC 9.02.295.
D. This technical error requires the passage of an ordinance to
recodify the crimes of menacing and reenact the code sections relating to
the crime of lewd conduct.
1 Recodify/Reenact KCC 9.02
Ordinance
E. This ordinance clarifies that the crime of menacing is
recodified at section 9.02.293 of the Kent City Code. The code sections
relating to lewd conduct, which include a definition section, the crime of
lewd conduct, and the crime of facilitating lewd conduct, will be reenacted
in KCC sections 9.02.295, 9.02.296, and 9.02.297 respectively.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — RecodifY. Section 9.02.295 of the Kent City Code
entitled "Menacing," as passed in Ordinance 4087, is hereby recodified as
KCC 9.02.293 as follows:
Sec. 9.02.293. Menacing. A person is guilty of the crime of
menacing when he or she intentionally follows or surveils another person
and/or engages in a course of conduct that is intended to place a person in
reasonable fear of bodily injury as that phrase is defined in RCW
9A.04.110.
"Follows", as used in this section, means deliberately maintaining
visual observation and/or physical proximity of a specific person or persons
over a continuous period of time.
Violation of this section is a misdemeanor, the maximum penalty of
which is ninety (90) days in jail and a one-thousand dollar ($1,000.00)
fine.
2 Recodify/Reenact KCC 9.02
Ordinance
SECTION 2. — Reenact. Section 9.02.295 entitled "Definitions,"
Section 9.02.296 entitled "Lewd conduct," and Section 9.02.297 entitled
"Facilitating lewd conduct" of the Kent City Code, all enacted in Ordinance
4102, are reenacted as follows:
Sec. 9.02.295 Definitions. The following words and phrases,
wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300
and 9.02.310, shall have the meanings ascribed to them in this section
except where otherwise defined and unless the context shall clearly
indicate to the contrary:
A. Expressive conduct means any dance, opera, musical, dramatic
work, or other exhibition or performance, whether or not part of an
organized or formal event that constitutes protected speech under the
federal or state constitution.
B. Known prostitute, a person known to patronize prostitutes, or a
person known to advance prostitution means a person who within one (1)
year previous to the date of arrest for violation of this section has, within
the knowledge of the arresting officer, been convicted of an offense of
prostitution, patronizing a prostitute, prostitution loitering, permitting
prostitution, or promoting prostitution whether or not such conviction
occurs under the Revised Code of Washington or comparable laws of
municipalities in the state of Washington.
C. Patronizing a prostitute shall have the same meaning as set forth in
RCW 9A.88.110 as now enacted or later amended or recodified.
D. Prostitution means to engage or agree or offer to engage in sexual
conduct for a fee, reward, exchange of any item or service, or promise, but
3 Recodify/Reenact KCC 9.02
Ordinance
does not include sexual conduct engaged in as part of any stage
performance, play, or other lawful and properly licensed entertainment
open to the public.
E. Public place means an area generally visible to public view including
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not) and any place in which the general
public has a right to be present or view, whether or not conditioned upon
payment of a fee, and includes, but is not limited to, buildings open to the
general public, including those which serve food or drink or provide
entertainment or sell product, and the windows, doorways and entrances
to buildings or dwellings and the grounds enclosing them, and structures
from which customers can be served through a drive-up or walk-up
window, door, or other means, whether or not access is restricted
according to age.
F. Public place provided or set apart for nudity means an enclosed
public restroom, an enclosed functional shower or locker room facility, an
enclosed sauna, a motel room or hotel room designed and intended for
sleeping accommodations, the location of a bona fide private club whose
membership as a whole engages in social nudism or naturalism (a nudist
resort or camp), and any similar public places in which nudity is
necessarily and customarily expected outside of the home.
G. Sexual conduct shall mean "sexual intercourse" or "sexual contact"
as defined in RCW 9A.44.010 as currently enacted or later amended or
recodified.
H. Walking or otherwise conducting oneself in a sexual manner shall
mean the swaying of hips, drawing attention to one's buttocks, legs, or
4 Recodify/Reenact KCC 9.02
Ordinance
breasts, grabbing oneself in the genitals or breasts, blowing kisses, or
using one's body or any part thereof to simulate sexual conduct.
Sec. 9.02.296. Lewd conduct
A. A person is guilty of lewd conduct if, in a public place and under
circumstances where such conduct is likely to be observed by a member of
the public, the person intentionally:
(1) Exposes any of his or her body parts without a full and
opaque covering:
(a) Any part of the male or female genitals, pubic hair,
pubic area, perineum, anus, or bottom one-half of the anal cleft;
(b) Any part of the areola or nipple of the female breast; or
(c) More than one-half of the part of the female breast
located below the top of the areola;
(2) Exposes the male genitals in a discernibly turgid state, even if
fully and opaquely covered;
(3) Touches, caresses, or fondles the genitals or female breast,
whether clothed or unclothed with the intention of sexual arousal or one's
self of others;
(4) Masturbates; or
(5) Engages in sexual intercourse or sexual contact as those
terms are defined in chapter 9A.44 RCW.
5 Recodify/Reenact KCC 9.02
Ordinance
B. Body paint, body dye, tattoos, latex, tape, or any similar substance
applied to the skin surface, any substance that can be washed off the skin,
or any substance designed to simulate or by which by its nature simulates
the appearance of the anatomical area beneath it, is not full and opaque
covering within the meaning of this section.
C. This section shall not be construed to prohibit:
(1) The act of breastfeeding or expressing breast milk;
(2) Classes, seminars, and lectures held for serious scientific or
educational purposes;
(3) Expressive conduct that is not obscene, subject to the time,
place, and manner restrictions contained in chapter 5.10 KCC or other law;
(4) Conduct of licensed adult entertainers within adult
entertainment dance studios operating pursuant to chapter 5.10 KCC;
(5) Conduct of licensed employees working in adult businesses
operating pursuant to chapter 5.10 KCC, provided the conduct is not
exposed to a person under 18 years of age; or
(6) Conduct of a child under 10 years of age.
D. Lewd conduct is a misdemeanor.
Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee,
manager, operator, or other person in charge of a public place is guilty of
facilitating lewd conduct if the person knowingly permits, encourages, or
6 Recodify/Reenact KCC 9.02
Ordinance
causes to be committed lewd conduct as defined in KCC 9.02.296.
Facilitating lewd conduct is a misdemeanor.
SECTION 3. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4. — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTIONS. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY
7 Recodify/Reenact KCC 9.02
Ordinance
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civi1\0rdinance\9.02Amend Reenact Docx
8 Recodify/Reenact KCC 9.02
Ordinance
KENT
Agenda Item: Consent Calendar - 7H
TO: City Council
DATE: March 18, 2014
SUBJECT: Ordinance Amending KCC 13.05.050 - Fireworks Penalty - Adopt
MOTION: Adopt Ordinance No. amending KCC 13.05.050, entitled
"Penalty," amending the penalty for the unlawful sale, possession, or
discharge of fireworks from a criminal offense to a class 1 civil infraction.
SUMMARY: Currently, under the Kent City Code, the unlawful possession, sale or
discharge of fireworks constitutes a criminal offense. Each year, the City receives
numerous complaints regarding the unlawful discharge of fireworks. However, unless
a commissioned officer views the actual discharge or possession of the fireworks, the
officer is unable to issue a criminal citation. This results in very few prosecutions of
fireworks violations.
In addition, the investigation and preparation of a criminal case can be quite time
consuming. This puts pressure on officers who deal with high call volumes during the
days preceding, including, and following July 4.
It is the Police Department's desire to have a better tool to enforce regulations
regarding the discharge, possession and sale of fireworks. Changing the violation of
these regulations from a criminal offense to a class 1 civil infraction will result in a
more efficient use of police resources, and should make it easier for commissioned
officers to make a real impact by increasing the number of violations prosecuted by
the City.
This ordinance will reduce the offense relating to the sale, purchase, possession or
discharge of fireworks from a misdemeanor carrying a maximum penalty of 90 days in
jail and a $100 fine, to a class 1 civil infraction carrying a maximum penalty of $250.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
13.05.050, entitled "Penalty," amending the
penalty for unlawful possession of fireworks from a
criminal offense to a class 1 civil infraction.
RECITALS
A. Currently, under the Kent City Code, the unlawful possession,
sale or discharge of fireworks constitutes a criminal offense. Each year,
the City receives numerous complaints regarding the unlawful discharge of
fireworks. However, unless a commissioned officer views the actual
discharge or possession of the fireworks, the officer is unable to issue a
criminal citation. This results in very few prosecutions of fireworks
violations.
B. In addition, the investigation and preparation of a criminal
case can be quite time consuming. This puts pressure on officers who deal
with high call volumes during the days preceding, including, and following
July 4.
C. It is the Police Department's desire to have a better tool to
enforce regulations regarding the discharge, possession and sale of
fireworks. Changing the violation of these regulations from a criminal
1 Amend KCC 13.05.050
Ordinance
offense to a class 1 civil infraction will result in a more efficient use of
police resources, and should make it easier for commissioned officers to
make a real impact by increasing the number of violations prosecuted by
the City.
D. This ordinance will reduce the offense relating to the sale,
purchase, possession or discharge of fireworks from a misdemeanor
carrying a maximum penalty of 90 days in jail and a $100 fine, to a class 1
civil infraction carrying a maximum penalty of $250.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Section 13.05.050 of the Kent City
Code, entitled "Penalty," is hereby amended as follows:
Sec. 13.05.050. Penalty. ns of
KCC 15.05.010 shall be deemed to have committed a class 1 civil
infraction as set forth in RCW 7.80.120. An infraction issued pursuant to
this section shall be filed in the Kent Municipal Court and aracessed in the
same manner as other infractions filed in the Kent Municipal Court. Any
person violating the provisions of KCC " '.^�.^"^, 13.05.020, or
13.05.030 shall be guilty of a misdemeanor, and shall be punished by
imprisonment not to exceed ninety (90) days and a fine not to exceed one
thousand dollars ($1,000). Any person violating the provisions of KCC
13.05.040 shall be guilty of a gross misdemeanor and shall be punished by
imprisonment not to exceed one (1) year and a fine not to exceed five
thousand dollars ($5,000). A person is guilty of a separate offense for each
2 Amend KCC 13.05.050
Ordinance
day during which he or she commits, continues, or permits a violation of
the provisions of this chapter.
SECTION 2. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, ACTING CITY ATTORNEY
3 Amend KCC 13.05.050
Ordinance
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civi1\0rdinance\13.05 Hremrk.Wcx
4 Amend KCC 13.05.050
Ordinance
KENT
Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: March 18, 2014
SUBJECT: Boeing Company - Release and Cancellation of Sanitary Sewer
Easement - Approve
MOTION: Authorize the Mayor to approve a Release and Cancellation of the
Sanitary Sewer Easement with the Boeing Company, subject to final terms
and conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: The Public Sanitary Sewer Easement entered into between the City and
the Boeing Company on February 5, 2003 is no longer needed and both parties desire
to release and cancel the Easement.
EXHIBITS: Draft Release and Cancellation of Sanitary Sewer Easement
RECOMMENDED BY: Operations Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
AFTER RECORDING RETURN TO:
Engineering Department
City of Kent
400 West Gowe St.
Kent, Washington 98032
Attn: Property Services
Reference Number of Related Document: 20030213000922
GRANTOR: CITY OF KENT
GRANTEE: THE BOEING COMPANY, a Delaware corporation
SHORT LEGAL: Lot 5 of LL Seg. 20021224002059
ASSESSOR'S PROPERTY TAX PARCEL: 022204-9065
Project: Pacific Gateway
RELEASE AND CANCELLATION OF EASEMENT
This Release and Cancellation of Easement is made this day
of , 2014, by the City of Kent, a Washington municipal corporation
("City").
RECITALS
A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered
into that certain Public Sanitary Sewer Easement dated February 5, 2003, and
recorded under King County Auditor's Recording Number 20030213000922
("Easement"), which granted an easement for the installation, operation,
maintenance, extending, construction, altering, reconstructing and repair of a
sanitary sewer, including necessary appurtenances.
B. Boeing has requested cancellation of the Easement and City has determined
that the Easement is no longer necessary.
C. City and Boeing have determined that it is in their mutual best interest to
cancel the Easement.
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 1 of 4
RELEASE AND CANCELLATION
1. The parties have signed this Release and Cancellation of Sanitary Sewer
Easement effective as of the last date signed below. The Easement is hereby
recognized as cancelled and terminated, and City releases all of its right, title and
interest in the Easement, recorded as Document Number 20030213000922, and
encumbering the following real property in King County, Washington, legally
described in Exhibit "A" and depicted in Exhibit "B" attached hereto and
incorporated herein by this reference.
2. Once canceled and terminated, the rights and responsibilities of both parties
to the Easement, under the terms of said Easement agreement, have no further
force or effect.
3. The terms, covenants and conditions of this Release and Cancellation of
Easement shall be binding on and inure to the benefit of Boeing, its successors and
assigns.
GRANTOR:
CITY OF KENT
BY:
ITS:
DATE:
ACCEPTED BY GRANTEE:
THE BOEING COMPANY
BY:
ITS:
DATE:
(Notary Acknowledgements Appear on Next Page)
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 3 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of _ to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P�,vffla�pa F,l�„622 oan9Paafi,G,taw.Ma1a ofP till,«n,taryS—rE—mamd—
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 4 of 4
r
1EXHIMT"A„
LEGAL DESCRIPTION
rrr ?• 20-FOOT PUBLIC SANITARY SEWER EASEMENT
NI Ih65e:portipna of Ne•.v Lots 5 and 6 of Large Lot Segregation,as recorded under Recording
a', of Lofa 7 arrct 6 of Largo Lot Segregation,as recorded under Recording
""' 'No 2002087§pd1040, R$cords gfKtng County, Washington, more particularly descnhed as
foltbwa ,: o
strip'of Ia a,2 fee(in w fin,ly n 10 igat on each side of the following described easement
COtdM6NCENG at iha f4'oultiwesl.r;p>titer 0Y Yr4a"A of Pacific Gateway Business Park, as
recorded under Recordto Np.20Qtb;(17000fiQ4,Ro rds of IQng County,Washington;
THENCE Sou0r.00°OOf O6'Weft to' the West NU of said New Lot 6 and East margin of 591h
Place South,a d,nitaa'ce of,604.02
THENCE South 00, 16'!05",,@est 'Ion `s'airt WBst line end East margin 735.79 feet to the
SouthwestcomerofsaM;NewCat S; �, " r
THENCE South 89°57"62'r"Fzst Ion g the'S0., Iide lherQof, a dlsta'ijce of 7184 feel to the
POINTOFDEGINNING and poI tther as orr.6tened toas Point A"
THENCE North00°g0'42"East,793.92 fef;
THENCE North 90°00,00'East;: 1 .29.feetlo.! a idmitnuslof¢iA:f7erein described easement
centerline.
TOGETHER WITH a sin p of land,20 fe€tan VPdtht:lylig 10 feet oh each si3e:,of the folloi-ring
described aa8ement centerline:
BEGINNING atth6'aforementloned Point"A",
THENCi South 00°00' 42"West, 1619.32 feet to Ina NPrtheCfy sitletine'"BP a emit&y Avower
easement as}r,.cord9d under Recording No 20000624000237f anif the,teOnmus ofi the{herein
described easer4enteented1ne.
EXCf'Pt'ally potion hereof lying within a building
j Is
t
{
3
+f.
Project Name: Pacllo.eatewey utlnes ParK.,
December12,2002
Revised Jaouery 2,2009
Revised January 10,2003
Revised 4anuary20,2003
RWG/Iss
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100591.625doc
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This page intentionally left blank.
r ® EXHIBIT R NO --
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QaNAGs i82116.T72ND AS2nVe soUiN ' OORPORATION
Sheet
((426>)25I-6222
(426)261-8T8z apx
$ CMLENGINEERING. IAN PUBLIO,''S'ANITARY
ENVIR04M'ENTAL sSFRwcEs = SEWER EAS.ER9EidT 5 of 1
Oesl n Oraw Cha eb roved Dote
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This page intentionally left blank.
KENT Agenda Item: Consent Calendar - 73
TO: City Council
DATE: March 18, 2014
SUBJECT: Boeing Company - Release and Cancellation of Public Turnaround
Easement - Approve
MOTION: Authorize the Mayor to approve the Release and Cancellation of
the Public Turnaround Easement with the Boeing Company, subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The Public Turnaround Easement entered into between the City and the
Boeing Company on April 30, 2003 is no longer needed and both parties desire to
release and cancel the Easement.
EXHIBITS: Draft Release and Cancellation of Public Turnaround Easement
RECOMMENDED BY: Operations Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
AFTER RECORDING RETURN TO:
Engineering Department
City of Kent
400 West Gowe St.
Kent, Washington 98032
Attn: Property Services
Reference Number of Related Document: 20030213000922
GRANTOR: CITY OF KENT
GRANTEE: THE BOEING COMPANY, a Delaware corporation
SHORT LEGAL: Por Lot 4 and Lot 7, LL Seg Sec 2 & 11, TWP22N, RGE4E
ASSESSOR'S PROPERTY TAX PARCEL: 112204-9088, 022204-9019
Project: Pacific Gateway Business Park Project No. 2
RELEASE AND CANCELLATION OF EASEMENT
This Release and Cancellation of Easement is made this day
of , 2014, by the City of Kent, a Washington municipal corporation
("City").
RECITALS
A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered
into that certain Public Temporary Turnaround (ingress/egress) Easement dated
April 30, 2003, and recorded under King County Auditor's Recording Number
20030502002419 ("Easement"), for the installation, operation, maintenance,
extending, construction, altering, reconstructing and repair of a public temporary
turnaround for ingress/egress.
B. Boeing has requested cancellation of the Easement and City has determined
that the Easement is no longer necessary.
C. City and Boeing have determined that it is in their mutual best interest to
cancel the Easement.
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 1 of 4
RELEASE AND CANCELLATION
1. The parties have signed this Release and Cancellation of the Public
Temporary Turnaround (ingress/egress) Easement effective as of the last date
signed below. The Easement is hereby recognized as cancelled and terminated,
and City releases all of its right, title and interest in the Easement, recorded as
Document Number 20030502002419, and encumbering the following real property
in King County, Washington, legally described in Exhibit "A" and depicted in
Exhibit "B" attached hereto and incorporated herein by this reference.
2. Once cancelled and terminated, the rights and responsibilities of both parties
to the Easement, under the terms of said Easement agreement, have no further
force or effect.
3. The terms, covenants and conditions of this Release and Cancellation of
Easement shall be binding on and inure to the benefit of Boeing, its successors and
assigns.
GRANTOR:
CITY OF KENT
BY:
ITS:
DATE:
ACCEPTED BY GRANTEE:
THE BOEING COMPANY
BY:
ITS:
DATE:
(Notary Acknowledgements Appear on Next Page)
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 3 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of _ to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P�,vffla�pa F,l�„622 oan9Paafi,G,taw.Ma1a ofP bl,,T pao T,mar,,ndEma d—
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 4 of 4
Exhibit A
i'
LEGAL DESCRIPTION
PUBLIC TEMPORARY TURNAROUND EASEMENT
rAII that porhoh gYlot'4:;and Lot 7 of Large Lot Segregation of a portion of Sections 2 and 11,
Townsi?fp 22 North, Range ";Nllld 4 East; tnette Meridian, according to Segregation recorded under
t;ecordIng,,Np 200208.,1300104G', to Kthg County, Washington, more particularly described as
follows
CONifV1dONG atJoe Npfthvlest cothoftf saidLat°4
THENCE South 000 0.}r00''Wag.Niong the.Wsst 116 thereof, a distance of 75844 feet to the
POINT OF BLQINNING and the'begirfntng of,a�Q Od'-foot-radius curve to the left,
THENCE along lh6 arc 4f said curve, pp,;tmg fhrough a central angle of 36W 00' 00°, an are
distance of 31416 feet tfi the;P01NT OF$EQINNiNG
1,IAM ..
It
' ExPep�s""s7te.r 03 ..
Project Name Pacific Gateway Business Park
November13,2002
RWG11ss
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This page intentionally left blank.
Exhibit B
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PUBLIC
TEMPO AR Y f"
TURNP,RUUND
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Scale SOP: ' " ;' '"•.:Job Number
Horizontal1zontc! 1°=200' Vertical O 4NO REALI`:�i �. �°'_�
KENTS WA 950 2NUE SOUTH CORP-ORrf`'1 I, � :::,."'a' Shbet': ,
((425 251-5222
(425�251-8782 FAX Title; it
CML ENGINEERING, WO PUBLIC TEMPORARY�" ��'`..���.�`
�r✓ceNGRY�R� ENVIROINM`ENTAR SEWCES TURNAROUND EAS M'EN7 , of_.—
Desi ned_.« Drown— Checked oved W Dafe ': 2:
This page intentionally left blank.
KENT
Agenda Item: Consent Calendar — 7K
TO: City Council
DATE: March 18, 2014
SUBJECT: 2013 Consolidated Annual Performance Evaluation Report - Approve
MOTION: Move to approve the 2013 Consolidated Annual Performance and
Evaluation Report and authorize the Mayor to submit the report to the
Department of Housing and Urban Development.
SUMMARY: The 2013 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: 2013 Consolidated Annual Performance and Evaluation Report
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger — Higgins (by concurrence) NAY:
BUDGET IMPACT: None
This page intentionally left blank.
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CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
Data to be entered
CDBG HOME HOPWA
White 0 0 0
Black or African American 0 0 0
Asian 0 0 0
American Indian or American Native 0 0 0
Native Hawaiian or Other Pacific Islander 0 0 0
Hispanic 0 0 0
Not Hispanic 0 0 0
Total 0 0 0
Table 1—Table of assistance to racial and ethnic populations by source of funds
Narrative
CAPER 7
OMB Control No:2506-0117(exp.07/31/2015)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Expected Actual
Amount Available Amount Expended
Program Year X
CDBG $914,499.00 $607,578.46
Table 2—Resources Made Available
Narrative
Identify the geographic distribution and location of investments
Target Area Planned Percentage of Actual Percentage of Narrative Description
Allocation Allocation
City of Kent 100% 100% Funds were distributed
to programs serving
Kent residents or for
businesses located in
Kent
Table 3—Identify the geographic distribution and location of investments
Narrative
The City distributed CDBG funds to programs serving Kent residents or to business owners with
businesses located in Kent.
CAPER 8
OMB Control No:2506-0117(exp.07/31/2015)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
In addition to allocating$914,499 in CDBG funds,the City leveraged $848,320 in resources from
General Funds. The Kent Cultural Diversity Initiative Group also received a $5,000 grant to
support the Refugee Employment Summit. The fiscal sponsor of the grant was World Relief-
Seattle.
N/A-The City does not allocate HOME funds.
Fiscal Year Summary—HOME Match
1. Excess match from prior Federal fiscal year
2. Match contributed during current Federal fiscal year
3 .Total match available for current Federal fiscal year(Line 1 plus Line 2)
4. Match liability for current Federal fiscal year
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4)
Table 4—Fiscal Year Summary-HOME Match Report
CAPER 9
OMB Control No:2506-0117(exp.07/31/2015)
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Minority Business Enterprises and Women Business Enterprises—Indicate the number and dollar value
of contracts for HOME projects completed during the reporting period
N/A Total Minority Business Enterprises White Non-
Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Contracts
Number
Dollar
Amount
Sub-Contracts
Number
Dollar
Amount
Total Women Male
Business
Enterprises
Contracts
Number
Dollar
Amount
Sub-Contracts
Number
Dollar
Amount
Table 7—Minority Business and Women Business Enterprises
Minority Owners of Rental Property— Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
N/A Total Minority Property Owners White Non-
Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number
Dollar
Amount ff]
Table 8—Minority Owners of Rental Property
CAPER 11
OMB Control No:2506-0117(exp.07/31/2015)
Relocation and Real Property Acquisition—Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired,and the cost of acquisition N/A
Parcels Acquired
Businesses Displaced
Nonprofit Organizations
Displaced
Households Temporarily
Relocated, not Displaced
Households Total Minority Property Enterprises White Non-
Displaced Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number
Cost
Table 9—Relocation and Real Property Acquisition
CAPER 12
OMB Control No:2506-0117(exp.07/31/2015)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of homeless households to be 0
provided affordable housing units
Number of non-homeless households to 122* 143
be provided affordable housing units
Number of special-needs households to
be provided affordable housing units
Total 122 143
Table 10-Number of Households
*One year goal in 2013 Annual Action Plan should have been 122.
One-Year Goal Actual
Number of households supported 42 147
through rental assistance
Number of households supported 0 0
through the production of new units
Number of households supported 80 111
through the rehab of existing units
Number of households supported 0 0
through the acquisition of existing units
Total 122 258
Table 11-Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
Outcomes exceeded goals; the City was extremely pleased with the performance of its sub-
recipients; i.e., organizations that the City contracted with to provided services.
Discuss how these outcomes will impact future annual action plans.
The City estimates that it will receive level funding in 2014; therefore, it will negotiate similar
outcomes with organizations delivering services after factoring in cost of living adjustments.
CAPER 13
OMB Control No:2506-0117(exp.07/31/2015)
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Data to be entered
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 12-Number of Persons Served
Narrative Information
CAPER 14
OMB Control No:2506-0117(exp.07/31/2015)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The Health Point Healthcare for the Homeless Project included an outreach component to
ensure that the homeless are aware of healthcare services. The City also invested in outreach to
the homeless through a General Fund-supported project.
Addressing the emergency shelter and transitional housing needs of homeless persons
Two programs funded by the City addressed emergency shelter and transitional housing needs
of homeless persons: YWCA: Anita Vista Transitional Housing Program and Catholic Community
Services-Katherine's House (CCC). Anita Vista provided transitional housing for domestic
violence survivors and their families and CCS provided shelter and case management services to
single women in recovery.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
Through its homeless continuum, which was funded by General Funds and CDBG, Multi-Service
Center (MSC) provided responsive services to target the needs of homeless individuals.
Services provided along the continuum consisted of shelter with supportive services, a hotel
voucher, a referral to permanent housing, etc. The YWCA and Refugee Women's Alliance
(ReWA) provided case management services to the homeless and helped them find permanent
housing.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
CAPER 15
OMB Control No:2506-0117(exp.07/31/2015)
Rental assistance to prevent homelessness was provided by MSC and ReWA. Most of the
women that received shelter through CCS were women who were released from the King
County Regional Justice Center.
CAPER 16
OMB Control No:2506-0117(exp.07/31/2015)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City worked collaboratively to address the needs of public housing by advocating for and
investing in affordable housing stock, providing supportive services to prevent homelessness
(this kept additional people off the King County Housing Authority waitlist rolls), and sitting on a
number of committees and application review teams that directed funds to organizations
managing affordable housing stock.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The King County Housing Authority (KCHA) increased resident involvement through a number
of mechanisms; e.g., the Resident Advisory Council was created as a forum for residents to
provide feedback to assist KCHA with the development of policies and procedures that impact
Housing Authority residents, etc. The City was rarely in a position to have direct impact on
resident involvement.
Actions taken to provide assistance to troubled PHAs
The KCHA is not considered a "troubled" PHA.
CAPER 17
OMB Control No:2506-0117(exp.07/31/2015)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 0); 91.320 (i)
The City of Kent is committed to maintaining the affordable housing stock in our community.
Using CDBG funds for the Home Repair Program allowed home owners to maintain their homes
and preserve housing stock.
The City also provides limited assistance to individuals and families that are behind on utility
payments due to circumstances like temporary job loss due to illness, reduced income due to a
financial emergency, etc.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.3200)
Several planning meetings with providers and representatives who specialize in providing
services to refugee and immigrant clients were convened to develop an action plan to locate a
facility in which to co-locate services. The City will continue working on this issue in 2014.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
No actions were taken.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.3200)
The City of Kent continued to work to reduce the number of families in poverty. Through its
Kent Micro-enterprise Initiative (Washington CASH was the sub-recipient), the City provided
business training classes to low-income individuals, especially women, People of Color, and
disabled individuals. The City also worked to increase jobs to individuals and families by
sponsoring and investing in the Refugee Employment Summit and encouraging businesses to
hire low-income residents.
In addition, the City maintained relationships with local training schools and community
colleges that work to reduce poverty through education and training programs.
CAPER 18
OMB Control No:2506-0117(exp.07/31/2015)
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City continued to work with King County, suburban cities, the City of Seattle, United Way of
King County and other entities to develop Family Housing Connection, a countywide program
committed to the goal of reducing the burden on families experiencing homelessness in King
County by providing a single access point for shelter and housing resources. The change in the
definition of homelessness led to an increase in the number of families that needed housing,
and the City is worked to mitigate the effect on the homeless by developing programs and
mechanisms to assist people while they waited for permanent housing.
Staff also joined The Seattle Foundation Center for Community Partnerships Advisory
Committee. The purpose of the Center is to advance collaborative, systemic change to achieve
greater economic and racial equity in King County. This will be accomplished by working across
various interconnected issues with diverse partners including community members,
government representatives, funders and business leaders. It is anticipated that this work will
have a positive impact on institutional structure.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.3200)
The City was instrumental in developing relationships between these entities and continued to
foster and participate in these collaborations, including the Homeless Forum, a monthly
meeting of housing and support service providers, South King Council of Human Services, South
King County Housing Development Group, and the King County Housing Development
Consortium.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
Recommendations from the City's Analysis of Impediments to Fair Housing Choice included:
Recommendation 1: Expand current education and outreach efforts
The City continued to work on this recommendation by:
• Posting fair housing materials on its website ;
• Providing fair housing articles/information/notices in electronic communications to the
Kent Cultural Diversity Initiative Group;
• Providing fair housing materials to apartment complexes through its police department;
and
• Distributing a Fair Housing Equity Assessment Survey to protected groups.
CAPER 19
OMB Control No:2506-0117(exp.07/31/2015)
Recommendation 11: Continue ongoing enforcement activities
The City does not have enforcement authority; the Washington State Human Rights
Commission and the King County Office of Civil Rights investigates complaints.
Recommendation HI:Target homeownership and lending marketing to African Americans and
Hispanics households
The City used Neighborhood Stabilization to purchase and rehabilitate three foreclosed homes,
which were then sold to income-eligible homebuyers. The homebuyers were families of African
American descent that had been on the Habitat for Humanity waitlist for an extended period of
time; the families received zero-interest loans. A fifteen-year covenant of affordability was
signed by each homebuyer.
Mortgage payments received from the homebuyers were entered into a fund that will allow
Habitat for Humanity to purchase, rehabilitate, and sell additional houses. These payments
will allow the City and Habitat for Humanity to target additional homeownership to African
American and Hispanic households.
CAPER 20
OMB Control No:2506-0117(exp.07/31/2015)
CR-40 - Monitoring 91.220 and 91.230
Description of the standards and procedures used to monitor activities carried out in
furtherance of the plan and used to ensure long-term compliance with requirements of the
programs involved, including minority business outreach and the comprehensive planning
requirements
Standards and Procedures for Monitoring
The City monitored its CDBG program throughout the year. Programs funded by the City were
expected to maintain high standards. Organizations were informed that the failure to comply
with contractual requirements and regulations could result in remedial actions and/or the
termination of funding. Quarterly performance reports were reviewed by the Human Services
Commission. Standards and procedures are further outlined below:
• The City funded one new project in 2013, The Emergency Feeding Program, Food for all
Around Kent. The CDBG Program Coordinator met with project staff before and during
the contract year. In addition, the Coordinator met with sites that expressed interest in
distributing food through the Food for all Around Kent Project to review income-
eligibility guidelines and answer CDBG eligibility questions.
• All projects were monitored closely to ensure that staff has a good understanding of
program administration, program performance standards, fiscal administration,
contractual requirements, and recordkeeping and reporting. Issues that needed
clarification were addressed.
• Projects received quarterly monitoring. Programs that needed guidance in achieving
performance measures or adhering to contractual requirements received technical
assistance, were required to attend a meeting with City staff, and/or received an on-site
monitoring visit.
• Monitoring concerns/finding were reviewed with agency staff and documented in
writing.
• When applicable, timely corrective action was required.
• Agencies were required to provide supporting documentation or written
communication verifying that deficiencies were corrected.
• Agencies were informed that failure to take corrective action could lead to the
withholding or the loss of funding.
Citizen Participation Plan 91.105(d); 91.115(d)
The Kent community, including regional stakeholders, received a 30-day period to review and
comment on the CAPER. Notices were provided via the following mechanisms:
CAPER 21
OMB Control No:2506-0117(exp.07/31/2015)
• A Public Notice was posted on the City of Kent website on Thursday, February 13, 2014.
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.
• The Kent community and stakeholders were invited to provide comments at a public
hearing held at the Kent Human Services Commission meeting on February 20, 2014.
CAPER 22
OMB Control No:2506-0117(exp.07/31/2015)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
There were no changes in the City's program objectives. The City does not anticipate major
changes in programs.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No.
CAPER 23
OMB Control No:2506-0117(exp.07/31/2015)
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KENT
Agenda Item: Consent Calendar — 7L
TO: City Council
DATE: March 18, 2014
SUBJECT: First Amendment to the 2014 Community Development Block Grant
Annual Action Plan - Approve
MOTION: Move to approve the proposed First Amendment of the 2014
Community Development Block Grant Annual Action Plan.
SUMMARY: The 2014 CDBG Annual Action Plan was approved by City Council on
November 5, 2013. The deadline for submitting the Plan to the Department of Housing
and Urban Development (HUD) was November 15th. However, HUD issued new
guidance mandating that the City delay submission of the Plan to HUD for approval up
to 60 days after HUD announces FY 2014 formula allocations, or until August 16, 2014
(whichever comes first). This guidance also requires the following amendments:
a) A statement that the CDBG allocation listed in the 2014 Annual Action
Plan is an estimate;
b) A statement that once HUD announces FY 2014 CDBG formula
allocations, the City will post its actual CDBG allocation on the City of
Kent Parks Department, Human Services Division website, and
electronically notify the public of this posting (this will include an update
in allocations among projects);
c) A statement that in the event the City receives an increase or decrease
in funds, funds will be allocated as follows:
Public Services
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, funds will be deducted
proportionally among projects-all projects will receive at least
$10,000
Capital
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, the Home Repair Program will
receive a $69,424 decrease, which will leave its allocation at
$500,000
d) A statement that the City will incur pre-award costs necessary to develop
the Action Plan and administer the CDBG Program;
e) Incurred pre-award costs could impact the 2014 grant in the event the
City does not receive the estimated Planning and Administration
allocation and has to limit its P & A activities; in the event this happens it
should have a minimum or zero impact on future grants;
f) A statement that the City will take advantage of a waiver of the
provisions of 24 CFR 570.200(h) and will treat the effective date of the
grant agreement as the program year start date (January 1, 2014);
g) A statement that the City will keep written documentation of the
conditions requiring a waiver of 24 CFR 570.200(h); and
h) A statement that this waiver allows funded projects to begin services
retroactive to 1/1/2014, although projects are prohibited from receiving
CDBG funds until the City signs its contract with HUD.
The Public was notified of this amendment through a public notice and provided an
opportunity to comment on the amendment.
EXHIBITS: First Amendment of the 2014 Annual Action Plan
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger — Higgins (by concurrence) NAY:
BUDGET IMPACTS: None
CITY OF KENT
Parks, Recreation & Community Services
Housing and Human Services Division
FIRST AMENDMENT
of the
2014 ANNUAL ACTION PLAN
A. BACKGROUND
1. The 2013-2017 CDBG Consolidated Plan for Housing and Community
Development provides a framework for implementing housing, human
services and community development activities from 2013-2017.
2. Each year the City of Kent executes specific-actions to implement the
objectives and strategies of the five-year Consolidated Plan, which are
outlined in an Annual Action Plan.
3. The City's Annual Action Plan is due to HUD on November 15th of each
year; this deadline is usually before HUD issues fiscal year allocations
based on the Congressional budget.
4. The City projected a CDBG allocation of $914,499 for 2014.
5. The 2014 Annual Action Plan was approved by Kent City Council on
November 5, 2013.
6. Although CDBG regulations mandate a November 15th submission date,
the local HUD office asked the City to delay submission pending further
notice.
7. On December 13, 2013, the City received notice that the HUD national
office issued new guidance for submitting the 2014 Annual Action Plan.
8. The thrust of this guidance is to require that jurisdictions delay
submission of the 2014 Annual Action Plan until up to 60 days after HUD
announces FY 2014 formula allocations, or until August 16, 2014
(whichever comes first). This will ensure that Annual Action Plans
submitted to HUD include the City's actual CDBG allocation.
9. The City will ensure that the public is also notified of its actual allocation.
10.HUD guidance states that a citizen participation process conducted before
formula allocations are announced, should include a contingency provision
explaining how the City will adjust its funding among projects if there is
an increase or decrease in estimated funding; the City's draft Action Plan
did not include a contingency plan.
11.13ecause HUD is extending the period for submission of Action Plans,
jurisdictions are granted a waiver of the provisions of 24 CFR 570.200(h)
and may treat the effective date of the grant agreement as the program
7 I ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 ua in I1$ 11 wYa in
year start date (January 1, 2014), or the date that the Action Plan is
received by HUD (whichever is earlier).
12.This waiver allows agencies that the City funds to begin services
1/1/2014, although they cannot receive payment until the City signs its
contract with HUD.
13. Jurisdictions using this waiver must keep written documentation of the
conditions requiring such a waiver.
14.The activity for which pre-award costs are being incurred must be
included in the draft Action Plan arior to the costs being incurred and the
public must be informed of how these costs will affect future grants.
B. AMENDMENT
1. Amend the 2014 Annual Action Plan pursuant to HUD guidance issued on
December 13, 2014.
2. The amendment shall include the following provisions:
a) A statement that the CDBG allocation listed in the 2014 Annual Action
Plan is an estimate;
b) A statement that once HUD announces FY 2014 CDBG formula
allocations, the City will post its actual CDBG allocation on the City of
Kent Parks Department, Human Services Division website, and
electronically notify the public of this posting (this will include an
update in allocations among projects);
c) A statement that in the event the City receives an increase or
decrease in funds, funds will be allocated as follows:
Public Services
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, funds will be deducted
proportionally among projects-all projects will receive at least
$10,000
Capital
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, the Home Repair Program
will receive a $69,424 decrease, which will leave its allocation at
$500,000
d) A statement that the City will incur pre-award costs necessary to
develop the Action Plan and administer the CDBG Program;
e) Incurred pre-award costs could impact the 2014 grant in the event the
City does not receive the estimated Planning and Administration
2 1 ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 o in I1$ 11 wYa in
allocation and has to limit its P &A activities; in the event this happens
it should have a minimum or zero impact on future grants;
f) A statement that the City will take advantage of a waiver of the
provisions of 24 CFR 570.200(h) and will treat the effective date of the
grant agreement as the program year start date (January 1, 2014);
g) A statement that the City will keep written documentation of the
conditions requiring a waiver of 24 CFR 570.200(h); and
h) A statement that this waiver allows funded projects to begin services
retroactive to 1/1/2014, although projects are prohibited from
receiving CDBG funds until the City signs its contract with HUD.
3 1 ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 ua in I1$ 11 wYa in
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KENT
Agenda Item: Consent Calendar - 7M
TO: City Council
DATE: March 18, 2014
SUBJECT: First Amendment to the 2013-2017 Consolidated Plan for Housing and
Community Development - Approve
MOTION: Move to approve the proposed First Amendment of the 2013-2017
Community Development Block Grant Consolidated Plan for Housing and
Community Development, including funding allocations.
SUMMARY: The 2013-2017 CDBG Consolidated Plan for Housing and Community
Development was submitted to HUD via an online template that did not allow the City
to include a substantive Community Participation Process specifying what
circumstances would constitute a substantial amendment of the Consolidated Plan and
Annual Action Plan. The City wishes to amend its 2013-2017 Consolidated Plan so
that it can add a Community Participation Guide that includes a definition for
substantial amendment.
In addition, the City originally allocated $100,000 in funding to the City of Kent-Grow
Kent Fund to provide below-market rate financing to grow small businesses in Kent
through the City of Kent's 2013-2017 CDBG Consolidated Plan for Housing and
Community Development. When this project was not launched in 2013 and funds
were recaptured, the City of Kent Economic Development Division asked the CDBG
Program to re-purpose the funds and invest in a downtown storefront facade
rehabilitation project. The City wishes to reallocate funds for this purpose.
Pursuant to HUD regulations, the city of Kent proposes to amend the 2013-2017
CDBG Consolidated Plan for Housing and Community Development to include the
following provisions:
1. Amend the 2013-2017 Annual Action Plan to allow for the addition of a
Community Participation Guide, which states that a substantial amendment is defined
as:
a) any proposed change in the use of CDBG funds that exceeds 10% of the
total annual entitlement;
b) any change in the purpose, a major change in the scope of an activity, or
a change in the beneficiaries; or
c) the addition of a new activity or deletion of an approved activity.
2. Amend the 2013-2017 Consolidated Plan (the 2013 Annual Action Plan Section)
to allow for the reallocation of $100,000 in CDBG funds; funds shall be awarded as
follows:
a) Award $100,000 to the City of Kent Storefront Facade Rehabilitation
Project. Funds shall be used to rehabilitate storefront building facades in a
designated downtown area of Kent.
The Public was notified of this amendment through a public notice and provided an
opportunity to comment on the amendment.
EXHIBITS: a) The First Amendment of the 2013-2017 CDBG Consolidated Plan for
Housing and Community Development
b) City of Kent 2013-2017 Consolidated Plan for Housing and Community
Development: Community Participation Guide
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger - Higgins (by concurrence) NAY:
BUDGET IMPACTS: Budgeted: City of Kent Grow Kent Fund: -$100,000
City of Kent Storefront Facade Rehabilitation Project: +$100,000
CITY OF KENT
Parks, Recreation & Community Services
Housing and Human Services Division
FIRST AMENDMENT
of the
2013 — 2017 CDBG CONSOLIDATED PLAN
for
HOUSING and COMMUNITY DEVELOPMENT
A. BACKGROUND
1. The 2013-2017 Consolidated Plan for Housing and Community
Development provides a framework for implementing housing,
human services and community development activities from 2013-
2017.
2. Each year the City of Kent executes specific-actions to implement
the objectives and strategies of the five-year Consolidated Plan,
which are outlined in an Annual Action Plan.
3. The 2013-2017 Consolidated Plan was submitted via an online
template that was mandated by HUD.
4. This template did not allow the City to include a substantive
Community Participation Process specifying what circumstances
would constitute a substantial amendment of the Consolidated Plan
and Annual Action Plan.
5. The City wishes to amend its 2013-2017 Consolidated Plan so that
it can add a Community Participation Guide.
6. The 2013-2017 Consolidated Plan also included the 2013 Annual
Action Plan
7. In the 2013 Annual Action Plan, the City allocated $100,000 of
CDBG to the City of Kent-Grow Kent Fund to provide below-market
rate financing to grow small businesses in Kent.
8. The City did not launch this project in 2013; therefore, funds were
recaptured.
9. Instead of using these funds as initially allocated, the City has
decided to invest in a downtown storefront facade rehabilitation
project.
B. AMENDMENT
1. Amend the 2013-2017 Annual Action Plan to allow for the addition
of a Community Participation Guide, which states that a substantial
amendment is defined as:
• any proposed change in the use of CDBG funds that exceeds
10% of the total annual entitlement;
• any change in the purpose, a major change in the scope of
an activity, or a change in the beneficiaries; or
• the addition of a new activity or deletion of an approved
activity.
2. Amend the 2013-2017 Consolidated Plan (the 2013 Annual Action
Plan Section) to allow for the reallocation of $100,000 in CDBG
funds.
3. Funds shall be awarded as follows:
Award $100,000 to the City of Kent Storefront Facade
Rehabilitation Project. Funds shall be used to rehabilitate
storefront building facades in a designated downtown area of
Kent.
2013 CDBG Funds Awarded Amount: $100,000
Award to:
Ca ital Pro'ects Awarded Funds Change
City of Kent: Grow <$100,000> -$100,000
Kent Fund
City of Kent: $100,000 +$100,000
Storefront Facade
Rehabilitation Project
Total: J $100,000 1 $100,000
CITY OF KENT
2013 - 2017 CONSOLIDATED PLAN
for
HOUSING AND COMMUNITY DEVELOPMENT
COMMUNITY' PARTICIPATION GUIDE
Working to Improve Your Community
Through the Use of Community Development Block Grant Funds
i HUD refers to this as the Citizen Participation Process
COMMUNITY PARTICIPATION GUIDE
The City's Role
The City of Kent receives an annual allocation of Community Block Grant funds through
the U.S. Department of Housing and Urban Development(HUD). CDBG funds are
administered through the City's Department of Parks, Recreation and Community
Services, Housing and Human Services Division. In accordance with federal guidelines,
CDBG funds are provided to projects that meet a national objective and carry out an
eligible activity. The amount available for allocation is based on a federally mandated
formula; therefore, the amount varies from year to year.
After funds are allocated by HUD, the City's ten-member Human Services Commission
evaluates and makes recommendations on funding requests. The Commission was
established in 1986 to serve as an advisory organization to the City Council. In addition
to making recommendations on funding requests,it helps set priorities, evaluates and
reviews funded human services agencies and responds to the City's actions affecting the
availability and quality of human services in Kent.
This Community Participation Guide includes information on how residents can assist the
City with the process of distributing CDBG funds and also contains information about
the role of the Housing and Human Services Division in administering funds.
SOURCES, USE AND ADMINISTRATION OF FEDERAL AND LOCAL FUNDS
Funding Sources
• CDBG: CDBG is a federal program that is administered by HUD.
• General Funds: In addition to CDBG funds, the City uses local funds;i.e. general
funds, to address human services needs. General Funds are administered
through the City's Housing and Human Services Division.
How CDBG Is Used
CDBG applications are received from the community and subjected to a screening
process. After a screening process, the City uses 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 target? The City has
five(5)funding targets,which are as follows:
• Meeting Community Basics: Ensuring that people facing hardship have
access to resources to help meet immediate basic needs.
• Increasing Self-Reliance: Helping individuals break out of the cycle of
poverty by improving access to services and removing barriers to
employment.
• Strengthening Children and Families: Providing children, youth and
families with community resources needed to support their positive
development,including early intervention&prevention services.
• Building a Safer Community: Providing resources and services that reduce
violence, crime, and neglect in our community.
• Improving Health and Well-Being. Providing access to services that allow
individuals to improve their mental and physical health, overall well-being,
and ability to live independently.
• Improving and Integrating Systems: Leading efforts to ensure that human
services systems meet demands and expectations by increasing capacity,
utilizing technology, coordinating efforts, and sharing resources.
2. In addition, the City ensures that projects meeting one of the five funding targets
address one of the following CDBG objectives: (1)provide a suitable living
environment; (2)provide decent housing; and(3)provide economic opportunity.
3. Is the service or need an eligible activity?
4. 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. Over the five-year
period of the Consolidated Plan, all CDBG funds were used exclusively to meet
the national objective of benefiting low/moderate-income persons.
CDBG has been used for a myriad of activities to benefit low/moderate-income
members of the Kent community. The City reserves the full 20% that is legally allowed
for planning and administration and15% for public service projects. The remainder is
spent on capital projects. Project examples include the following:
• Providing nursing services to homeless individuals who reside in Kent-area
transitional and domestic violence shelters
• Providing shelter and case management services to homeless single women who
formerly resided in Kent
• Preventing homelessness by providing rent assistance grants to individuals
facing eviction
• Constructing a wheel chair ramp in the home of a disabled senior
• Constructing a new wall on a public facility that provides mental health services
to youth and their families
• Offering business classes and training to low-income women, people with
disabilities, and other under-served Kent residents to provide the skills to start a
micro-enterprise business
OPPORTUNITIES FOR COMMUNITY PARTICIPATION
Several opportunities exist for Kent residents, community members and stakeholders to
partner with the City to help it decide how to invest CDBG funds. Community
participation falls within the following five categories:
1. Planning
The City has written plans that outline its housing and community development
needs,priorities, and which programs it intends to invest in to address those needs.
The plans are updated periodically; Kent residents and stakeholders are invited to
participate in their development. This Guide contains information on who to contact
to request a free copy of the plans.
2. Public Meetings
In developing the Consolidated Plan and Annual Action Planz (hereinafter referred
to as the Plan, the City holds a series of meetings to discuss and solicit input from the
public. People of Color and organizations working with or who have contacts with
ethnic/racial minorities,non-English speaking persons, Limited English-speaking
persons (LEPs), and people with disabilities are encouraged to participate. In
addition,focus groups and/or surveys are conducted with these groups.
3. The Application Process
If sufficient funding is available to open up the application process,workshops are
held each spring to generate funding proposals and to inform non-profit and public
organizations that they may submit funding proposals to the City. City staff offer
technical assistance workshops to help organizations in the development of their
applications.
4. Public Hearings on Proposed Projects
After applications are reviewed by the Human Services Commission, projects are
selected and the Commission makes funding recommendations to the City Council.
An initial draft of funding recommendations is released to the public. In addition,
the Plan is posted on the City's website along with a public notice inviting Kent
residents and stakeholders to comment on the proposed plan. The public is given at
least 30 days to comment on the Plan. The Plan is posted in the City Clerk's Office,
and in the Housing&Human Services Office. Public hearings are held in the Fall
and both oral and written comments on proposed projects that are submitted within
the 30-day comment period are considered prior to final City Council approval.
5. Substantial Amendments
Substantial amendments to the plan will be published and distributed in the same
manner as outlined above. A"substantial amendment" is defined as:
• any proposed change in the use of CDBG funds that exceeds 10% of the total
annual entitlement;
• any change in the purpose, a major change in the scope of an activity, or a
change in the beneficiaries; and
• the addition of a new activity or deletion of an approved activity.
It is left to the discretion of the Human Services Commission and Human Services
Division staff to decide whether a change constitutes a substantial amendment.
6. Annual Performance Report to the Community
The City continuously reviews the performance of funded projects and makes an
annual report to the City on these projects. In addition, the City reports on its
overall progress in meeting the goals and strategies outlined in its five-year
Consolidated Plan.
CDBG CALENDAR-ESTIMATED DATES
z The City also follows the Community Participation Guide when developing its Fair Housing
Plans.
March CDBG& General Fund
application workshop
April Release applications
April Technical assistance
April Applications due
June Commission
recommendations
July Applicants notified that
they've been recommended
for funding
September Public Notice/Draft Action
Plan or Consolidated Plan
released3
September -October 30-Day public comment
period
October Public hearing
November City Council Adoption of
the Action/Consolidated
Plan
Action Plan is released annually and the Consolidated Plan is released every five years.
COMMUNITY PARTICIPATION GUIDE
CONTACT INFORMATION
Mailing Address:
City of Kent
Parks, Recreation& Community Services Department
Division of Housing and Human Services
220 Second Ave.South
Kent,WA 98032
Physical Address:
Kent City Hall,3rd Floor
220 Th Ave.South
Kent,WA 98032
Katherin Johnson, Housing and Human Services Manager
Dinah Wilson, CDBG Coordinator
Christine Cain, Home Repair Program Assistant
Contact Number: 253-856-5070
KENT Agenda Item: Consent Calendar — 7N
TO: City Council
DATE: March 18, 2014
SUBJECT: Goods & Services Agreement with TMG Services, Inc. for Chlorination
Equipment for Kent Springs - Approve
MOTION: Authorize the Mayor to sign a Goods and Services Agreement with
TMG Services, Inc. for purchase of chlorination equipment in an amount not
to exceed $22,499.00 subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: Chlorine is used to kill bacteria and other microbes in the drinking water
supply. The chlorination equipment at our Kent Springs source is reaching the end of
its service life and needs to be replaced. This purchase would include equipment
similar to that used at our other four chlorination sites, which would reduce the
amount of repair parts maintained in stock. The purchase from TMG Services is for
parts only; Water staff will complete the installation of equipment.
EXHIBITS: Goods & Services Agreement with TMG Services, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Fincher — Higgins - Ralph NAY:
BUDGET IMPACTS: There is no unbudgeted fiscal impact as this cost was planned;
the ($22,499.00) would come from the Water Utility capital budget.
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GOODS & SERVICES AGREEMENT
between the City of Kent and
TMG Services, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and TMG Services, Inc. organized under the laws of the
State of Washington, located and doing business at 3216 East Portland Avenue, Tacoma, WA
98404, Phone: (800) 562-2310/Fax: (253) 779-4165, Contact: Mary Gazdik (hereinafter the
"Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
The Vendor shall provide two automatic chlorinators, two chlorine injectors, and
two automatic switchover vacuum regulators for one-ton chlorine containers for the
City's Kent Springs water facility. For a description and Vendor's quote, see Exhibit
A which is attached and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by June 30, 2014.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty
Two Thousand, Four Hundred Ninety Nine Dollars ($22,499.00), including applicable Washington
State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The
City shall pay the Vendor the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
The Vendor shall be paid after delivery of chlorination equipment.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor 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.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor 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.
XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor 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.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor 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.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
XIV. 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 XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. 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.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Mary Gazdik Timothy J. LaPorte, P.E.
TMG Services, Inc. City of Kent
3216 East Portland Avenue 220 Fourth Avenue South
Tacoma, WA 98404 Kent, WA 98032
(800) 562-2310 (telephone) (253) 856-5500 (telephone)
(253) 779-4165 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
7MG Services-Chlotlnetlon Equip/Bauer
GOODS & SERVICES AGREEMENT 7
(Over$10,000.00, including WSST)
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 of 3
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
EXHIBIT A
Scope of work:
Vendor shall provide to the City of Kent two automatic chlorinators, two chlorine
injectors, and two automatic switchover vacuum regulators for one-ton chlorine
containers, in an amount not to exceed $22,499.00 including sales tax. For a
detailed description of the scope of work, see the vendor quote which is attached as
Exhibit A and incorporated by reference into this agreement.
3216 E Portland Avenue
Quality Products- Excellent Service Tacoma, WA 98404
"TMIG253-779-4160
SERVICES tmginc@tmgservices.net
January 17, 2014
Ron Halverson
Kent, City of-Water
220 Fourth Avenue S.
5821 South 240th
Kent, WA 98032-5985
Reference: Wallace and Tiernan Clorinators
i
Dear Ron:
The quote includes two automatic chloinators and injectors and one pair of switchover vacuum regulators
for ton containers.Current lead time is 4-6 weeks.
i
1 Wallace and Tienan VI OK Chlorinator
-25 PPD Rotameter
-SFC-PC Controller
-Panel Mounted
1 Wallace and Tienan VI OK Chlorinator
-50 PPD Rotameter
-SFC-PC Controller
-Panel Mounted
1 Pair Wallace and Tiernan Vacuum Regualtors
-Auto Switchover
-200 PPD
-Heater and Drip Leg
2 Wallace and Tiernan %" Injectors
-Nozzle ?
-Tailway?
PRICE: $18,611 (Includes Freight)*
*Does not include Installation or Start-up
Terms&Conditions of Sale:
-F.O.B.: Kent,WA
-Payment Terms: Net 30 Days
-This price is in effect for 60 days. '..
-Submittals, if required,will be provided 2 weeks after receipt of all technical data at T M G Services.
-Delivery will be made in approximately 4 weeks after receipt of order and/or approvals and resolution of all necessary technical '..
data at T M G Services.
-Quotation prices do not include any sales taxes or any other taxes that may apply.
-This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed.
Sincerely,
T M G SERVICE'S, INC.
Dean Brown
"SIEMENS Siemens Water Technologies, LLC. 10300 Suncrest Drive
Brian F. Shugrue Leavenworth, WA 98826
Regional Sales Manager, Western USA PH: 509-548-6408
FAX: 509-548-2382
brian.shuorue(�siemens.corn
August 1, 2013
To Whom It May Concern:
This is to confirm that TMG Services is the exclusive authorized Manufacturer's Representative
for Siemens Wallace &Tiernan products in the States of Washington, Oregon, Idaho, Montana
and Alaska.
Brian Shugrue
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $2,000,000 per
accident.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
This page intentionally left blank.
KENT
Agenda Item: Consent Calendar — 70
TO: City Council
DATE: March 18, 2014
SUBJECT: Kent Regional Trails Connector Project Grant - Accept
MOTION: Move to recommend Council accept a federal grant in the amount
of $1,125,368 for the Kent Regional Trails Connector Project and direct staff
to establish a budget for the funds to be spent within the Kent Regional
Trails Connector Project subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: The Public Works Department competed for and was successful in
obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project.
This project will construct a new, east-west, multi-use trail connecting the existing
Green River Trail to the Interurban Trail. The trail location will be adjacent to the
Green River Natural Resources Area and will include the installation of rectangular
rapid flashing beacons at 64th Avenue and 72nd Avenue and a new "HAWK" signal at
the crossing of West Valley Highway. A new, non-motorized bridge will be constructed
across Mill Creek on the east end, connecting to the Interurban Trail.
EXHIBITS: Washington State Department of Transportation Local Agency Federal Aid
Project Prospectus #CM-0615(008) and WSDOT Local Agency Agreement #LA 81 28
RECOMMENDED BY: Public Works Committee
YEA: Fincher — Higgins - Ralph NAY:
BUDGET IMPACTS: Funding for this work will be provided by the Federal Highway
Administration ($1,125,368.00) which requires a 13.5 percent local match of
$176,635. The City's funding match will be provided through Parks' Trails and Open
Space funding that comes to the City via King County.
This page intentionally left blank.
AOL
Washington State ecal Agency Federal Aid
Department �ff �n��®�tatt®n 5. Project Prospectus
Date 5/9i2013
Prefix Route
Federal Aid \ Central Contractor
Project Number tst�A— Registration Exp.Date
Local Agency / WSDOTI Federal Employer
P )roject Number `Use only Tax ID Number 91-6001254
Agency Federal Program Title
CITY OF ICENT N 20.205 ❑ Other
Project Title Start Latitude N4.7.402423 Stan Longitude W 122.254867
KENT REGIONAL TRAILS CONNECTOR
End Latitude N47.406744 End Longitude _W 122.242169
Project Termini From--To Nearest City Name Project Zip Code
S.224th St&64th Ave S S.218th St&73rd Ave S. KENT 98032
From: To: Length of Project Award Type '....
64th Av S. Interurban 0.84 miles N Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number County Name I WSDOT Region
❑ FHWA N Others STP/CMA 0615 17 KING Northwest Region _
Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO
8 &9 11, 33 and 47 I
Total Local Agency Phase Start
Phase Estimated Cost Funding Federal Funds Date
Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year
P.E. $247.566 ! $34 286 $213,280 6/2013
RNV
$0 �'� $0 $0_ na
Const. $1 054 437 _ _ $142 349 $_912,088 3/2014
Total $1,302.003 $176,635 $1125,368
Description of Existing Facile Existing Design and Present Condition
Roadway Width Number of Lanes
12 foot wide multi-use trail Not applicable
Both the Interurban Trail and the Green River Trail are used by thousands of people each year,but they are both north/south
corridors in Kent, with no opportunities to transfer from one trail system to the other, except by using the bike facilities in the
street or on sidewalks.
Descrip tit5n 2f P�sed Work
Description of Proposed Work(Attach additional sheet(s) if necessary)
The Kent Regional Trails Connector Project will expand the pedestrian and bicycle network by connecting two regional hails
within the City's street network. An approximately 4,430 long foot hail extension wilt be built comrecthng the Green Rivet-Trail
and the Interurban Trail. This 12-foot wide multi-use trail will include trail lighting, Rectangular Rapid Flashing Beacons,and a
new"HAWK"(a high intensity pedestrian activated crosswalk)Katlic signal to encourage year-round use and promore safe
crossings of city sheets.
Local Agency Contact Person Title - Phone
Mark Howlett Design En ineering Managc_r 253-856-5523
Mailing Address City State Zip Code
400 West Gowe St. Kent —AA-1 98032
Project Prospectus Approval ✓ " Approving Authority 1
L Title Director of Public Works Diat' j f'
DOT Form 140-101 EF Page 1 of 3 0 Previous Editions Obsolete j,
Revised 11110
Agency Project Title Date
CITY OF KENT KENT REGIONAL TRAILS CONNECTOR 5/9/2013
Type of Proposed Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
® New Construction ® Path /Trail ❑ 3-R 12 foot not applicable
❑ Reconstruction ❑ Pedestrian / Facilities ❑ 2-R
❑ Railroad ❑ Parking ❑ Other
❑ Bridge
Geometric Design Data
Description Through Route Crossroad
❑ Principal Arterial ❑ Principal Arterial
Federal ❑ Urban ® Minor Arterial ❑ Urban ® Minor Arterial
Functional ❑ Collector ❑ Collector
❑ Major Collector ❑ Major Collector
Classification ❑ Rural ❑ Minor Collector ❑ Rural ❑ Minor Collector
❑Access Street/Road ❑Access Street/Road
Terrain ® Flat ❑ Roll ❑ Mountain ® Flat ❑ Roll ❑ Mountain
Posted Speed n/a n/a '..
Design Speed n/a n/a
Existing ADT n/a n/a
Design Year ADT n/a n/a i
Design Year ma n/a
Design Hourly Volume(DHV) n/a n/a '...
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
City of Kent % 100
Construction Will Be Performed By Contract Agency
Contractor 100 % ! %
Environmental Classification
❑ Final ® Preliminary
❑ Class I- Environmental Impact Statement(EIS) Class II- Categorically Excluded ICE)
❑ Project Involves NEPA/SEPA Section 404 Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III-Environmental Assessment(EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
The trail improvements will be constructed along the surfaces of existing right of ways. Pervious asphalt is proposed along
sections of the trail adjacent to environmentally sensitive areas. The installations of the Rectangular Rapid Flashing Beacons,
marked crosswalks,traffic signals for pedestrians on West Valley Highway(SR 181), and a pedestrian bridge installed across
Mill Creek will be the bulk of the physical construction associated with this project.
DOT Form 140-101 EF Page 2 of 3
Revised 11/10
Agency Project Title Date
CITY OF KENT KENT REGIONAL TRAILS CONNECTOR 5/9/2013
Right of Way
® No Right of Way Required ❑ Right of Way Required
All construction required by the
❑contract can be accomplished No Relocation ❑ Relocation Required
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
The trail will be constructed along the surface of the existing right of way, so no relocation of existing major
structures is anticipated. Should some existing utility structures be encountered, sufficient room exists to move the
trail in order to avoid conflict. Minor,adjustment to the rims of existing underground structures is expected.
Placement locations for the traffic signal pole and flashing beacon bases can be adjusted to avoid possible conflicts
with any existing structures.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and
is not inconsistent with the agency's comprehensive plan for community development.
Agency City Of Kent i
Date By
!I Mayor/Chairperson
DOI Form 140-i01 EF Pagc 3 of 3 Previous Edltinns Obsolete
Revised 11/10
This page intentionally left blank.
r n i „apl
i I4arlo Palk
Olympia, niv 9350d-7300
Oynn Peterscn 360-705-7000
Secretary of Transportation T iY:t-coo-a33-6338
vdshw.msdoi:a,._gov ',,.
June 27, 2013
Mr. Tim LaPorte
Public Works Director
City of Kent
220 Fourth Avenue South
z
Kent, Washington 98032-5838
City of Kent
Kent Regional Trails Connector
CM-0615(008)
FUND AUTHORIZATION
Dear Mr, LaPorte:
We have received FHWA fund authorization, effective June 24, 2013, for this project as
follows:
PHASE TOTAL FEDERAL SHARE
Preliminary Engineering $247,566 $213,280
Enclosed for your information and file is a fully executed copy of Local Agency Agreement
LA-8128 between the state and your agency. All costs exceeding those shown on this
agreement are the sole responsibility of your agency.
FHWA requires projects utilizing federal funds for preliminary engineering or right of way to
advance to construction. Tf this project is unable to proceed to construction, any expended
federal funds must be repaid.
W SDOT authorization to proceed with right of way and/or construction is contingent upon
receipt and approval of your environmental documents.
You may proceed with the administration of this project in accordance with your W SLOT
approved Certification Acceptance agreement.
Sincerely,
Stephanie Tax
Manager, Program Management
Highways& Local Programs
ST:jg:ac
Enclosure
cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NE82-121
VrWashington Mate
Af Department off Transportation L®CalY Agency Agreement
Agency City of Kent CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 220 - 4th Ave. S. ' "�
Project No. _ _ r "jam. _
Kent, Washington 98032 Agreement No. AA
_
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation, and (6)the federal aid project agreement entered into between the
State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on '....
tine r, column 3, without written authority by the State, subject to the approval of the Federal I Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name (Cent Regional Trails Connector Length 0.84 miles
Termini From PSE Trail and 64th Ave. S. to S. 218th St. and Interurban Trail
Description of Work
The Kent Regional Trails Connector Project will expand the pedestrian/bicycle network,cormecting two regional trails
within the City's street network. An approx. 4,430 foot trail extension will connect the Green River and Interurban
Trails. This 12-foot wide multi-use trail will include trail lighting, Rectangular Rapid Flashing Beacons,and a new
"HAWK"traffic signal,to encourage year-round use and promote safe crossings of City streets.
Estimate of Funding
Type of Work (�) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds I Funds Federal Funds
PE a.Agency
86.5_ % b. Other Federal on 246 566.00 _ 33,28 213.280.00
c. Other
Federal Aid d. State _ 1,000.00 1,000.00
Participation -___—._ _._--_ --. .. _ -_.-
Ratio for PE e. Total PE Cost Estimate L+b+c+d 247 566.00 34 286.00 213 280.00
Right of Way f. Agency__
0 % _g._Other
Federal Aid —---__--h. Other
Participation i. State
Ratio for RW _j. Total R/W Cost Estimate L+po-h+l)
Construction k Contract
I. Other
m Other _
n. Other
o. Agency
Federal Aid p State
Participation
Ratio for clv ...c.Total CN Cost Estimate(k+l+m+n+o+
r. Total Project Cost Estimate(e+j+ql 247 '566.00 34286.001 213 280.00
Agency Offi6 al",F, -, Washington State ep tment of Tranflr'portation
By By
�f
Title T)u estm of PuhIic_WP[lts Director of Highways and Local Progi arn�
g �1UN '2s`01�a
a g f? j_� Date Executed _
DOT Form 140-039 EF 'I
Revised 09/2011
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
❑ Method B-Withhold from qas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
® Method C-Aoencv cost incurred with oartial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as
a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set
.forth below. Adopted by official action on
Resolution/Ordinance No,
Provisions
1. Scope of Work
The Agency shall provide all the work,labor,materials, and services necessary to perform the project which is described and set forth in detail in
the`Project Description"and"Type of Work." '.......
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Ifighway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project The Agency agrees that the State
shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid
reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the Stale will further act for the Agency in
all matters contenting the project as requested by the Agency,If the Local Agency advertises and awards the project,the State shall review the work
to ensm e conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work j
above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised
and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications,and
federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by Slate forces upon the project
will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls
and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local
government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the
Washington State Department of 1'ransportation.The records shalt be open to inspection by the State and Federal Government at all reasonable times
and shalt be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds
to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State
for each classification.The classifications of work for projects are:
1.Preliminary engineering.
2.Right of way acquisition.
3.Project construction.
In the event that right of way acquisition,or actual construction of the road,for which preliminary,engineering is undertaken is not started by the
closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of
federal funds paid to the Agency under the terns of this agreement(see Section IX),
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will
conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,even though such additional
work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages
relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the
contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the
Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFIt 225 and Office of
Management and Budget circulars A-102 and A-133. 'I he State shall not be ultimately responsible for any of the costs of the project. The Agency
shall be ultimately responsible tot all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this
agreement shall be construed as a promise by the State as to the amount or nature of federal participation In Ihis project.
DOT Fonn 140-039 EF 2
Revised 03/2011
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall
minimize the time elapsed between receipt of federal aid fiords and subsequent payment of incurred costs. Expenditures by the Local Agency for
maintenance,general administration, supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CAR 225 - Cost Principles for State, Local, and Indian Tribal Government, and
retained for audit.
The State will pay for State incurred costs on the project.Following payment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the
Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of
the Agency's share of the total construction cost based on the contract award. The State will notify,the Agency of the exact amount to be deposited
with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such
payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is
substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the
amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency.
Method B— The Agency's share of tine total construction cost as shown on the face of this agreement shall be withheld iiom its monthly fuel tax
allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each
month.The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the
contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings.
Method C—'The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate,not more than once per month for
those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project-Expenditures
by the Local Agency for maintenance, general administration,supervision, and other overhead shall not be eligible for Federal participation unless ,
claimed under apreviously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the
time of audit,the Agency will provide documentation of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid
costs on the project. The report of said audit shall he in the Agency's files and made available to the Stale and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of tine United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection,and Agreement Administration; memoranda of understanding between WSDOT and FIIWA; and Office of Management
and Budget Circular A-133, '..
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, (he Agency shall reimburse
the State for the amount of such overpayment or excess participation(see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as welt as all !,
applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or moic in federal awards from all sources during a
given fiscal year shall have a single or program-specific, audit performed for that year in accordance with the provisions of OMB Circular A-133.
Upon conclusion of the A-133 audit,the Agency shall be responsible for ensming that a copy of the report is transmitted promptly to the Slate.
IX. Payment of Milling
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work, project
cancellation, overpayment, cost ineligible for federal participation,etc.) is not made to the State within 45 days after the Agency has been hillcd,the
State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of highways and Local
Programs-
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals, or markings not
in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense,maintain
the improvement covered by this agreement.
XI. indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process arid defend at its own expense all claims, demands,
or suits,whether at law or equity brought against(he Agency,State,or Federal Government, raising from the Agency's execution,
DOT Form 140-039 LF 3
Revised 0912011
performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or
arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to
reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted
contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all neuessary,
and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and
agreements. The WSD0'1's I)BE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to cant'out its approved program, the Department may impose sanctions as provided for under Paul 26
and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1996(31 U.
S.C.3801 etseq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained firm
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or
understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for
Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided,that if the applicant so participating is a Stale or Local Government,the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees: '.....
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretory of Labor pursuant to Part II,subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following
actions:
(a) Cancel,terminate,or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failme or refusal
occurred until satisfactory assurance of future conlpl iance has been received from the Agency;and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CPR Part 635. Subpart 127, as supplemented; relative to the amount of
Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure
to include liquidated damages provision will not relieve(lie Agency from reduction of federal participation in accordance with this Inn ag aph.
XIV. Termination for Public Convenience
the Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part,
whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense, or an Executive Order of the President at Governor of the State with respect to the
preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or pennanent restraining order of a
court of competent jurisdiction where the issuance of such order is primarily caused by the acts m omissions of persons or agencies other than
the contractm.
(4) The Secretary determines that such termination is in the best interests of the State.
XV. Vonue for Maims and/or Gauzes of Action
For the convenience of the parties to this contract, it is agreed that anv claims and/or causes of action which the Local Agency has against the
State of Wasiington, growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston
County.
DOT Form 140-039 EF 4
Revised 09/2011
;.VL Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
'fhe approving authority certifies,to the best of his or her knowledge and belief,that:
(1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting
to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member '.
of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan,the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan. or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants,acid contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all
such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission _
of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Additional Provisions
DOT Form 140-039 FF- 5
Revised 0912011
KENT
Agenda Item: Consent Calendar - 7P
TO: City Council
DATE: March 18, 2014
SUBJECT: Consultant Services Agreement with Tetra Tech, Inc. for 2014 Lakes
Water Quality Monitoring - Approve
MOTION: Authorize the Mayor to sign a consultant services agreement with
Tetra Tech, Inc. in an amount not to exceed $24,432.97 to monitor and
analyze surface water quality conditions and aquatic weeds in Lake Fenwick
and Lake Meridian during 2014, subject to terms and final conditions
acceptable to the City Attorney and the Public Works Director.
SUMMARY: Lake Fenwick and Lake Meridian are listed on the 303d list (the nation's
list of "impaired waters" compiled by the State Department of Ecology and the
Environmental Protection Agency) for a number of water quality parameters.
The City has enacted a number of measures to improve water quality at both lakes
including: Constructing stormwater treatment measures and requiring them on private
systems; educating residents about ways to reduce polluted runoff (e.g. natural yard
care and car washing); and in the case of Lake Fenwick, installing an in-lake aeration
system and introducing weed-eating fish (Grass Carp) to reduce non-native aquatic
plants. More improvements are proposed in the near future including increasing the
capabilities of the aeration system and treating Lake Fenwick with non-toxic, algae-
inhibiting chemicals.
Water quality and aquatic weed monitoring and analyses need to occur in order to
direct our management actions, to assess progress in improving water quality and in
meeting standards and to ensure safe conditions for swimming and fishing. This
contract will assist staff by providing the expert help and specialized equipment
necessary to accurately assess lake conditions.
EXHIBITS: Consultant Services Agreement with Tetra Tech, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Fincher - Higgins - Ralph NAY:
BUDGET IMPACTS: No additional unbudgeted funds will be required. The contract
will be paid through the Stormwater Utility Fund.
This page intentionally left blank.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Tetra Tech. Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of
Washington, located and doing business at 1420 5th Avenue, Suite 550, Seattle, WA 98101,
Phone: (206) 838-6261/Fax: (206) 728-9670, Contact: Harry Gibbons (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall monitor environmental conditions at Lake Fenwick and Lake
Meridian. For a description, see the Consultant's Scope of Work which is attached
as Exhibit A and incorporated by this reference.
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. Consultant
shall complete the work described in Section I by May 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Four Thousand, Four Hundred Thirty Two Dollars and ninety seven
cents ($24,432.97), 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 within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. 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.
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
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
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.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
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 or created 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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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
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
the City and Consultant.
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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The 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. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. 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: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Harry Gibbons Timothy J. LaPorte, P.E.
Tetra Tech, Inc. City of Kent
1420 5th Ave., Suite 550 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
(206) 838-6261 (telephone) (253) 856-5500 (telephone)
(206) 728-9670 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Tet a Tech-2014 Lakes Monitoring/Knox
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
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.
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
For
2013 Water Quality Monitoring
Lakes
Fenwick and Meridian
February 12,2014
Prepared for:
City of Kent
Prepared by:
Tetra Tech, Inc.
1420 5th Avenue, Suite 550
Seattle, WA 98101
Attn: Harry Gibbons
206.838.6261
Scope Overview
The City of Kent with the aid of Tetra Tech (Tt) has been monitoring the environmental
conditions at Lake Fenwick and Lake Meridian. The following scope of work for 2014 is
a continuation of the monitoring efforts perfonned since 2006. The scope of work
describes the specific activities that Tt will perform in order to aid the City's continued
effort to collect water quality data from its lakes for 2014.
The primary goals of this project are to:
1) Continue to collect baseline data for amoral assessment of the lakes' enviroranental
health and to provide a long-term database for potential management decisions in the
fahue. said
2) Provide compliance monitoring data for Lake Fenwick in support of the current TMDL
listing for phosphorus.
i
Therefore, the specific objective of this scope of work is to collect data from each of the
two lakes on phosphorus, temperature, dissolved oxygen (DO), pII, Secchi disk,
chlorophyl] a (chl a), and phytoplankton. Additionally at the City's request, sampling at 2
public beaches will be conducted on Lake Meridian. The collected dataset will be
suramaiized and a detailed assessment made as to the overall condition of the lakes for
2014. A specific scope of work is outlined below. Cost estimates for these tasks are
included.
This scope of work is for the cost associated with the collection of the samples orrly and
does not reflect any laboratory analysis. It is assrmred that all laboratory analysis will be
paid form fiill by the City. Transporting of the samples to the appropriate laboratory will
be provided by Tt and is included within this estimate. Allowing the City to directly pay
for the laboratory analysis is expected to save the City in direct fixed costs associated with
the monitoring of the proposed sites.
i
I
Detailed Work Tasks:
Task 1: Project Management
L l Tt will prepare monthly invoicing.
L2 Tt will perform monthly QA/QC analysis of field and laboratory data to
ensure the on-going validity of the collected data.
Deliverables:
• Monthly invoices
Task 2: Monitoring
Described below are the specific sampling tasks that will occur during the 2014
monitoring period. Sampling events will occur on or approximately on the following
dates:
May - 14
June - 11
July - 16
August-13
September -10
October - 15
November- 12
The following tasks will be performed during each sampling event:
Lake Meridian Monitoring
During each sampling event listed above water quality samples will be
taken at the deepest point of the lake at a depth of 1 meter below the lake
surface. The water sample will be analyzed for TP (total phosphorus), chl
a, and phytoplankton. Water transparency will be determined with a
Secchi disc on each sampling occasion. DO, pH, and temperature will be
determined at meter depth intervals on each sampling date. On one
sampling event, in September, additional samples will be collected for TP
and chl a analysis at mid depth and 0.5 meter above bottom sediments.
Lake Fenwick Monitoring
In-lake activities at Lake Fenwick will include water quality samples
taken during each sampling event listed above at the deepest point of the
lake at a depth of 1 meter below the lake surface and 0.5 meters above
bottom sediments for TP and chl a. Additionally, phytoplankton will be
collected at 1 meter below the lake surface once per month on the
proposed sampling dates. Water transparency will be determined with a
Secchi disc on each sampling occasion. DO, pH, and temperature will be
determined at meter depth intervals on each sampling date.
i
Fenwick Inlet Monitoring
The outflow from the Fenwick Wetland is Lake Fenwick's largest inflow
source other than direct precipitation and is delivered to Lake Fenwick
via an inlet channel on the west side of the park Water quality samples
will be taken during each sampling event listed above within the inlet
channel to Lake Fenwick for TP. When possible (depending on water
depth), flow will also be taken in this channel using a Marsh McBirney
Flo-Mate 2000 and USGS top-setting wading rod.
Lake Meridian Swimming Beaches
As a continuation from previous monitoring efforts if request by the City,
Fecal Coliform(FC) samples will be obtained from two designated sampling
locations within the swimming area at Lake Meridian. 'the events will
coincide with designated sampling dates in late July through early September
(July I Irh,August 0", and September 10"). A total of 6 FC samples will be
collected and analyzed.
Assmmiptions:
• Laboratory testing will be performed at Aquatic Research, Inc, and will be paid for
directly by the City. Phytoplankton samples will be analyzed at Water Envlrornnental
Services, Inc, and will be paid for directly by the City. It will be responsible for
transporting the samples to the laboratories mentioned above. Tt wilt provide QA/QC of
the results from samples delivered.
Deliverables
• Water quality data collected during the sampling events listed in Task 4 will be sent
to the city in hard copy and electronic form(Included within Monitoring Report)
Task 3: Lake Fenwick Macrophyte Survey
"the introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred
in 2009. To document the effectiveness of grass carp, a detailed survey for mapping and assessment
of grass carp impact on macrophytes will be conducted in August. A Trimble GeoXH GPS Receiver
will be used to map the spatial extent of macrophytes within Lake Fenwick Species type and
abrmclance will be recorded. The results of the survey, the comparison, and detailed mapping of the
macrophytes will be summarized in'the technical memorandum detailed in Task 4.
Deliverables:
• GIS Shapefiles of macrophyte mapping
Task 4: Water Quality Technical Memorandum
To determine if water quality trends exist, a technical memorandum presenting the data in tabular
and graphical form will be prepared. An assessment of the water quality for 2014 for the sites listed
in Task 2 and 3 will be included in this memorandum. Water quality and phytoplairkton data (•om
2014 will be assessed in the context of similar monitoring data from 2006 through 2013 to
i
determine if trends exist. This assessment will highlight observations and conclusions learned from
previous monitoring results acid focus on the interrelationships between water quality parameters
and phytoplankton production and species community structure. It will also identify potential
environmental risks to water quality or problems that require management response for each
lake.
i
Deliverables:
• Technical memorandum presenting the data in tabular and graphical form and relative
assessment of water quality for 2014 will be prepared. The memorandum will include
data collected by'1't. Two hard copies and one compact disk will be submitted.
Task 5: Record Water Levels
Tetra Tech will continue to maintain data loggers at the inlet(outlet of the wetland) to Lake
Fenwick and the lake itself near the Park Dock in order to collect information on temperature and
water levels.
In order to obtain outlet flow information at Lake Fenwick, a survey of the outlet channel will be
needed. Tt requests that the City provide survey points that will to include X/Y/Z coordinates
and can be delivered in either a CSV data file or an ESRI shapefile with all relevant survey
datums and coordinate systems specified. This survey should include detailed cross sections
across the outlet channel as close to the lake as possible and progressing down the outlet channel
to the south. Two or three sections within the first 100 feet oP the channel and another section
400-500 feet downstream would be best. Ideally, the survey should include a cross section (This
can be one of the 2-3 sections mentioned above) of the channel at its hydraulic control point or
the "tipping point" where the lalce level is high enough that water begins to flow out through the �
channel. It is important to take these sections up past any visible high water marks in the
vicinity on both sides of the channel to maximize the accuracy of any flow data subsequently
derived from this survey. Also, as part of this survey, a stream thalweg profile extending 500 feet
dowrrstrearn of the lake in 50-foot increments (i.e. 10 points) should be collected to determine
the typical slope for the outlet channel as well.
The survey should also include multiple water surface elevation(WSE)points around the edge of
the lake near the outlet, as well as near the lake level logger near the boat launch in the middle of
the park. These will serve as control points to link the level logger data for the day with the
survey data, and thus provide a way to measure the outlet flow in the channel using the lake level
logger data.
j
4 Tetra Tcch, Inc.
In summary:
• 2-3 sections within the first 100 feet of the stream channel, one of which is taken at the
"tipping point" of the stream channel; 1 section 400-500 feet downstream of the
beginning of the channel; Take sections up past high water marks on both sides of
channel;
• Strewn profile with points every 50 feet for 500 feet downstream along the thalweg;
• Multiple water surface elevation points near the stream inlet and near the lake level
logger the same day as the stream survey.
Data will be downloaded at the time of sampling and recorded ror water, TY budgets and
modeling.
Deliverables
• Hourly water level data for lake, inlet
2/12/2014
i
TETRA TFCD,NC. Surface Water Group _ _... ) Fee Estimate
;
C1'EY OP RUNT
)VA'1'FL2 QUALITY Il'ION ITORING FEEESl'NIAM
Principal 1'rolocl L m
a m Lab
r n kicld A:hn 'law Totnl or
ental Technician*
Scientist Scientist Dn 'n - Srpport Hems with OH
Direct Labor+OH +prpfit• S222.51 $16].13 $10'15 S77.25 W OD
7 T
4 Deacriprinn
I Plujocl Manancmmrt 2 2 6 10 $1,d 11.98
2 Ivfonitoriny 2 2 4 128 136 S11,08908
3 Lake I'm....k lvlacmphyte S:alev 4 16 20 $2,126.04
4 TcclutioalVerLdum 4 4 24 Ifi 2 50 $'5,425,36
5 Collect WatermoLm Ns t 10 16 27 $2513,01
1'otnl La bur 13 8 44 1i6 2 243 S22,565.47
°Picas e rate tall e below for DJW
_..- MATERIALS
Ducrip[fon Unit 1 Unit Cost Quantity Coal Notes
---.. ilycholab day I S80.00 7 $560.00
- Secchi Disk day $5.00 7 $35.00
Boat Rental day s50.00 '/ $350.00
Data Recorders far wxt er level - month $25.00 14 $350 00
_.... ceS Rcntat day $Iln.00 1 $11000
- TOTAL MATERIALS: $1,405.00
- -� RGPRODUCl'ION
Description L-it I/;nit Cos[1 Quantity Cost Votes
Nlorrtorir,rport and technic,menus pg $0.10 )DU $50.00
TD TAL REPRO:': $50.00 '..
_. (RAVEL
Description unrf I Unit Cost Qrmtity Cnst Notes
Mileage miles $0.550 750 1 $41250 JGS aarczgeraw
TOTAL UULV EL: $412.50
TO TALCO ST. $24,432.97
I
Labor Rate Table
"H1arR-op -Tabor,
;Staff/Labor Class DJR 'I (ovencca� Rate
Harry Gibbons/Principal Scientist 74.17 3 $222 51 I
Robert Plotnikoff/ProJ ect Scientist 55.71 3 $16713 i
-Shannon Brat telxi/Lnvixonmental Hbgmcer 3515 3 $lOc.45
-
AdamHaines/b'ield Technician" 3057 3 $ 9171 f
Jessica Rliyard/Field 1 echmcian^* 22.44 3 $ 67.32 j
Renec Vandeimause/Field Teclinicran** 24.24 3 $ 7272 j
**Field Technician rate of$77.25 blended bo weri j
Adani,dessica,and Renee;use torn of three on a
`given dale '
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
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.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the 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.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
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 and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
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 Contractor 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 - 70
TO: City Council
DATE: March 18, 2014
SUBJECT: Panther Lake Substation License Agreement - Authorize
MOTION: Authorize the Mayor to sign the First Amendment to Shopping
Center License Agreement with PK I Panther Lake LLC, for the rental of
space in the Panther Lake Shopping Center for a three year term to be used
as a police substation, and subject to final agreement of terms and
conditions acceptable to the Police Chief and City Attorney.
SUMMARY: The city of Kent has occupied space in the Panther Lake Shopping Center
since 2011 for use as a police substation. The license fee for the initial three-year
term was waived by PK I Panther Lake, LLC in exchange for the police presence
afforded to the community. This initial term is set to expire on March 18, 2014.
Therefore, the City must decide whether to continue with or vacate the substation
located in the Panther Lake Shopping Center.
The substation is conveniently located in a shopping center in the recently annexed
portion of the city. Although this First Amendment does require the payment of
monthly rent, staff believes the benefit afforded to both police officers and the
community by officers remaining in the field while still completing necessary
paperwork, outweighs the budgetary impact of the rental fee. Without the substation,
officers would be required to leave their sector and return to the main police
department to complete necessary paperwork before the end of their shift.
If approved, the First Amendment extends the license for an additional three-year
term and sets the first year's monthly rental fee as $754.83. This monthly rental fee
will increase annually by 3%. While this First Amendment provides for a three-year
term, the terms of the original License Agreement provide that the license may be
terminated, by either party, upon 30 days' advance written notice. Therefore, should
budgetary concerns arise in the future, the City will have the option to terminate the
license.
EXHIBITS: a) Shopping Center License Agreement - Panther Lake
b) Proposed First Amendment to Shopping Center License Agreement
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACTS: Approximately $800 per month rent - General Fund/Patrol
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Panther Lake Police Substation — Information Only
Information Only
SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding the
Panther Lake Police Substation.
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OTHER BUSINESS
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BIDS
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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
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EXECUTIVE SESSION
A. Property Acquisition and/or sale-
ACTION AFTER EXECUTIVE SESSION
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CITY OF KENT
City Council Meeting
Agenda
I�� mt U r rt
m
March 18, 2014
Mayor Suzette Cooke
Darla Ralph, Council President
Couneilr embers
Jim Berrios
Bill Boyce
Brenda Fir7cher
Dennis Higgins
Deborah Ranniger
w,
Les Thomas
homas C,-ry CLERK
y �
/ 'r
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KENT CITY COUNCIL AGENDAS
KENT March 18, 2014
w s v ro Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
*********************************************************************
COUNCIL WORKSHOP AGENDA
5:00 P.M.
Subiect Speaker Time
Councilmember Orientation Pat Mason, MRSC 30 min
Kent Branding Program Tom Brubaker/Ben Wolters 60 min
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. Danny and Julia Pierce Tribute
B. Public Recognition
C. Community Events
1. Adopt A-Street Program
D. Introduction of Civil Service Commission Appointee, Jeff Piecewicz
E. Introduction of Human Service Commission Appointee, Amelia Drake
F. Public Safety Report
G. Legislative Update
H. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshop — Approve
B. Payment of Bills — Approve
C. Appointment to Kent Civil Service Commission — Confirm
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. Appointment to Kent Human Service Commission - Confirm
E. Cumulative Contributions-Traffic School and Target Zero Teams Funds
— Accept
F. $15,000 State Farm Grant — Citywide Illegal Street Racing
Enforcement/Education Campaign— Accept
G. Ordinance Amending KCC 9.02 Correcting Code Sections for Menacing
and Lewd Conduct - Adopt
H. Ordinance Amending KCC 13.05.050 - Fireworks Penalty - Adopt
I. Boeing Company - Release and Cancellation of Sanitary Sewer
Easement — Approve
J. Boeing Company - Release and Cancellation of Public Turnaround
Easement — Approve
K. 2013 Consolidated Annual Performance Evaluation Report — Approve
L. First Amendment to the 2014 Community Development Block Grant
Annual Action Plan — Approve
M. First Amendment to the 2013-2017 Consolidated Plan for Housing and
Community Development — Approve
N. Goods & Services Agreement with TMG Services for Chlorination
Equipment for Kent Springs - Approve
0. Kent Regional Trails Connector Project Grant - Accept
P. Consultant Services Agreement with Tetra Tech, Inc. for 2014 Lakes
Water Quality Monitoring — Approve
Q. Panther Lake Substation License Agreement — Authorize
8. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION
A. To consider the acquisition or sale of real property, as per RCW
42.30.110 (b) & (c)
12. ACTION AFTER EXECUTIVE SESSION
13. 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) Councilmember Orientation
2) Kent Branding Program
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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
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PUBLIC COMMUNICATIONS
A) Danny &Julia Pierce Tribute
B) Public Recognition
C) Community Events -Adopt A-Street Program
D) Civil Service Commission Appointee, Jeff Piecewicz
E) Human Service Commission Appointee, Amelia Drake
F) Public Safety Report
G) Legislative Update
H) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through Q.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of
February 18, 2014 and the special Council meeting of February 25, 2014.
7B. Approval of Bills.
Approval of payment of the bills received through February 15 and paid on
February 15 after auditing by the Operations Committee on March 4, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/14 Wire Transfers 5766-5780 $1,762,487.43
2/15/14 Regular Checks 680428-680712 $1,872,838.98
Void Checks ($72,634.23)
2/15/14 Use Tax Payable $3 023.48
$3,565,715.66
Approval of checks issued for payroll for February 1 through February 15 and
paid on February 20, 2014:
Date Check Numbers Amount
2/20/2014 Checks 334366-334502 $71,038.56
Voids and Reissues
2/20/2014 Advices 325325-325943 $1,210,221.87
$1,281,260.43
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11 � KENT
Kent City Council Workshop
March 4, 2014
The workshop meeting was called to order at 5:00 p.m. by Council President Ralph.
Councilmembers present: Ralph, Boyce, Berrios, Fincher, Higgins, and Thomas.
Councilmember Ranniger arrived at 5:20 p.m.
Council President Ralph welcomed everyone and new Councilmember Brenda Fincher.
B&O Proiect List - Tim LaPorte, Public Works Director introduced the item and
distributed a list of the proposed utilization of B&O funds for 2014. He noted that
there were two items that were removed from the list from the Public Works
Committee. He communicated that the primary project on the list is the overlay of
North Central Avenue from Smith Street to Novak Lane. He noted that there is repair
work on Gowe Street going on now.
Council President Ralph communicated that in keeping with the spirit of the
conversation with the business community the neighborhood traffic calming program
was removed and Councilmember Higgins noted that it is important for the Council to
find funding for the program.
Councilmember Boyce inquired about the North Central Avenue overlay and LaPorte
replied why the project was chosen. LaPorte continued and discussed the "in-house"
projects and that a contractor would be hired to handle the North Central Avenue
project because of its size.
Councilmember Higgins thanked the City staff for the list. He stated that the staff
knows the priorities and what needs to be fixed. He added that he doesn't blame the
Chamber of Commerce for pointing out that the B&O tax wouldn't exist if it weren't
for their support. He stated that he made a mistake two years ago and neglected to
ensure some non-B&O funds were maintained for street maintenance. He
communicated that he will be striving this fall to find some funds to take care of
street maintenance because the City is behind with it.
Councilmember Boyce verified that the projects on the list would be completed in
2014. LaPorte added that the City is using the leftover funds from 2013 and the funds
from the first three quarters of 2014 for these projects. Boyce also verified that the
current progress on 256th Avenue is undergrounding of power lines and there should
be paving going on in July.
Council President Ralph communicated that this list was presented to the Council as a
menu and it has helped her identify that the Council needs to find some funds to
address these needs.
Riverbend Golf Complex - Tom Brubaker, Interim Chief Administrative Officer
communicated that the golf course has been in existence for 25 years and run as an
enterprise. Over the years there have been some successes and failures and the bond
has been paid off. He stated that a main issue is that golf in the country has hit a
plateau and courses are struggling nationally. The other reality, he pointed out, is that
Kent City Council Workshop Minutes March 4, 2014
the City went through a five-year recession and doesn't have general fund monies to
play with. As a result of these challenges, the golf complex is $2.6 million in debt and
in sore need of infrastructure improvements and the total amount needed to fix the
course and pay off the debt is $8 to $9 million. He stated that over the years this
Council and previous Councils have tried to find a way to right the downward trend at
the golf course. He added that the Council, Administration, and the Parks and
Community Services Director, Jeff Watling have attempted to come up with a solution
and the only one they have come up with is to sell the Par 3 course in order to pay
the debt and begin to make improvements on the rest of the complex. He said
Watling will discuss the history, outline the options, and discuss solutions.
Additionally, he said Colin Lund will then speak, a developer, who will communicate
concepts and ideas and what his firm would like to do at the site. Finally, he noted
that Economic and Community Development Director, Ben Wolters and Economic and
Community Development Manager, Kurt Hanson will then discuss what the City needs
to do to move forward if the option to sell is chosen.
Watling discussed three challenges. First, capital reinvestment is needed to keep
Riverbend Golf Course competitive. Second, the $2.6 million in operational debt needs
to repaid. And third, how to create a sustainable annual operating budget for the
complex. He noted that there have been numerous operating models that have been
tested and none of them have worked as the capital constraints are still looming. He
communicated that there three options in regards to the entire complex have been
explored. These options are, first, The Riverbend Golf Complex stays an enterprise
with the management and operations functions outsourced, second, Keep Riverbend
as an enterprise, but resize the operation, and third, Transition Riverbend into the
General Fund Budget. The problem with all of these, he stated, is that the debt isn't
taken care of with either of them. Additionally, with the General Fund option there
would be a $650,000 - $1 million or more burden on the General Fund.
Councilmember Higgins confirmed with Watling that a $1 million burden would
represent five years and the $650,000 would be over a ten year period.
Councilmember Boyce also verified that these three options only pay the debt and
don't include the maintenance problem.
Watling continued and noted that the General Fund isn't presently able to absorb this
without some decisions on other cuts needing to be made. He communicated that the
enterprise option would entail reducing the size of the complex, thus reducing
operational costs. Proceeds from this sale or lease, he pointed out, would pay off debt
and fund capital improvements. This would take mitigation to ensure the golf complex
remains accessible for people of all ages and all abilities. Watling displayed what the
resizing option would look like on a satellite map of the complex. He added that some
of the considerations are what is the pattern of use, where does the City generate
revenues, and how might the City replicate the services currently offered? He noted
that the golf course generates 50 percent of the golf complex revenues, the driving
range generates 40 percent, and the Par 3 generates the remaining 10 percent. He
communicated that the resize would include a training/learning center with a smaller
footprint and a putting area that could be used for junior golfers and those who want
training. He discussed the 18-hole golf course and possibly including "Tee-It Forward
Yardages" to make the distances shorter which lessens the intimidation factor for
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Kent City Council Workshop Minutes March 4, 2014
senior and youth golfers, thus maximizing the 18-hole course. He displayed the
advantages and disadvantages of the re-size option. He said the disadvantages are
the loss/re-use of public property and change. However, he noted that the
advantages are improving operational sustainability, paying off the interfund loan,
funding current and capital investments, and the Riverbend Golf Course remains a
public facility for all ages and abilities. Watling added that the policy implications are
whether there is commercial interest in the property, how does the City and
community work through the change, and how does the City ensure an appealing
project that will benefit the community.
Councilmember Boyce inquired about how this would work with people using short
tees and those playing regular tees. Watling replied that all of the players would have
the same tee times, but even the people using the shorter tees would be expected to
play at a normal golf pace.
Brubaker introduced Colin Lund and noted that the City is in a tough financial bind
with Riverbend. However, he felt the property is a jewel, it's next to the Green River
and trail, an ecological restoration site, has access to Interstate 5 and if it is
redeveloped there would be an exciting and new redevelopment in that part of the
City. He added that there are wonderful opportunities that may present itself if the
City sells the Par 3.
Colin Lund, Yarrow Bay Holdings, stated that this site would be a great place for
people. He stated that he was asked to give his opinion and agreed there would be
interest in the development community for the property. Lund communicated that the
proximity to the trail, Interstate 5, and REI make the property very attractive. He said
this property offers a great opportunity to connect neighborhoods, revitalize the area,
and offers shopping and recreation opportunity. He discussed potential uses of the
property and said the site is well-suited for higher density residential with ground
floor retail and living units above. He added that it has great potential for restaurants,
bike shops, and has a signature corner for an inviting business. Also, there is a great
opportunity to integrate the trail and an open area for entertainment. Lund continued
his presentation and discussed specific amenities that the area could have. He
discussed Juanita Village in Kirkland as an example of what this site could resemble
and highlighted several streetscape concepts. Lund discussed water features and
spaces for larger gatherings that could be located on the site. However, he
communicated that all of these things are hard to achieve unless the City is a
"regulator' and enters into a private/public partnership to ensure that the City gets
what it wants on the site. He said the City may also want to consider a lease option to
pay down the debt on the property.
Councilmember Boyce verified with Watling that the three options presented were
derived from the Parks and Human Services Committee meeting. He further
communicated that there are many other options, like marketing, etc. However, there
aren't any that individually address all three of the issues. He stated that two of the
three solutions presented won't take care of the debt nor the improvements and that
the City's back is up against the wall and can't continue to take funds out of the
General Fund to keep the Par 3. Watling added that the funds don't come directly
from the General Fund.
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Kent City Council Workshop Minutes March 4, 2014
Councilmember Boyce verified that Watling has shared these options with several of
the groups who are concerned with the Par 3. However, Watling pointed out that the
junior golf community doesn't see this new facility as adequate because there are
only three holes planned not nine.
Councilmember Ranniger verified that the new facility would be in conjunction with
retrofitting the 18-hole course.
Watling pointed out that the resizing option was investigated by him and he is
struggling with how the City can afford the entire golf complex. Consolidating the
property so the City can still run the golf complex, creating the three tee course and
adjusting the 18-hole course makes this a more affordable package, he summarized.
Councilmember Higgins said he is fairly confident in the City's ability to solve the
operational piece. However, that won't solve the debt and verified with Watling that
capital reinvestment can't wait. He added that the facility needs water, structural
improvements, new turf, irrigation repairs, equipment upgrades, and all of this has
been deferred. He asked about putting together a small bond issue for the voters and
Watling verified that it would take 60% approval for a bond of $8 million. Watling
questioned where this would rank compared to the rest of the City's needs. He
communicated that there will be discussion at the Council retreat about the City's
other reinvestment issues such as streets, needing a new police headquarters, etc.
and bringing a bond forward would need to be considered along with the rest of the
infrastructure needs of the City. Councilmember Higgins announced that he wants to
keep the Par 3, if he can, but pointed out that several Puget Sound cities have closed
or sold their golf courses. He noted that it has been pointed out that Riverbend is a
regional facility, but when he discussed obtaining funds for the complex with a King
County Councilmember, he was laughed at and they stated that they are having to
reduce human services funding.
Councilmember Thomas communicated that if this is sold it needs to be a very well
done development. He said he would be very interested in seeing a very detailed
contract or document in place to ensure the development is done properly.
Brubaker discussed the DevCo development and communicated that the City staff has
also worked on very successful developments like Kent Station and Springboard. He
stated that the City staff is very capable of doing this right.
Ben Wolters, Economic and Community Development Director, communicated that the
first step in moving forward if the Council directs the City staff to do so is asking for
statements of qualification from potential developers. The RFPs would then be paired
down to two or three finalists and a rigorous RFP process would begin which would
lead to the City determining who their partner would be. If the process goes in this
manner there would be a financial goal to draw down the debt. Additionally, this
would have to be a marquee project with many different ways the agreement could
be structured to create flexibility in order ensure the City's milestones were met as
the project progressed.
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Kent City Council Workshop Minutes March 4, 2014
Council President Ralph asked that once the property is sold does the Council have
the option to determine what the retail property would become. Wolters responded
that there was a tremendous amount of interest at Kent Station and there can be
some phasing to ensure certain businesses go there. If the property is marketed
jointly, there is more direct intelligence about what is going on. However, only to a
certain point. The tenant mix, incentives, and other options to include financial, would
need to be included in the agreement between the City and the developer.
Councilmember Boyce confirmed with Wolters that the City can withdraw the sale in
Phase I if there isn't any interest in the property. Additionally, if there are two or
three finalists and the City can't come to an agreement with any of them, the sale can
be terminated. Also, the property sale and development can be phased and clauses
can be built into the negotiations. The goal, he said, is to find a developer who's
interest aligns with the City's. Councilmember Boyce confirmed with Watling that if
there was another recession the City would need to determine what it could afford. He
added that the worst case would be to close the golf complex and possibly lease the
18 hole course to a golf management company.
Councilmember Higgins confirmed with Watling that the cost to add the Par 3 into the
parks system would be about $250,000 annually. He communicated that the
enterprise would then consist of the 18 hole course and driving range it would still be
millions of dollars of debt. He also asked if there is any way Top Golf or some other
company could come in and throw their ideas into developing the property. Wolters
communicated that there is a way to create a hybrid, but it might lessen the amount
of prospective investors who want to develop the property.
Watling communicated that Top Golf is to golf what Acme Bowl is to bowling. He
noted that it would turn the Par 3 into a food and beverage, go there with your
buddies on a Friday or Saturday night, lights, beer, with special balls and special
targets, almost a party type of establishment. These are key operational questions.
Councilmember Fincher inquired about the walkability of the 18-hole golf course.
Watling communicated that you can play 9 holes with the forward tees. It is a longer
walk, he explained, but there may be an option to have reduced carts. He said those
three holes would be good for those with mobility concerns.
Councilmember Thomas communicated that the Council has been discussing this for
years now and he doesn't think any of the Council wants to sell the Par 3 course.
However, he said if something isn't done a future council will possibly have to close or
sell the entire golf complex, to include the 18 hole course. The Council needs to do
something, he said.
Council President Ralph said something needs to be done and her biggest struggle is
every reason to sell it is every reason not to. It has a view, the river, and the access
are reinforcing why this property is important to the City. She said this is her hardest
decision in her two years on the Council.
Councilmember Boyce communicated that he doesn't think the City can continue
going down this path. He felt Watling and Wolters should investigate options to make
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Kent City Council Workshop Minutes March 4, 2014
this work and the Council should begin investigating alternative options if there isn't a
way to keep the Par 3.
Councilmember Ranniger agreed with Councilmember Boyce and said this has been a
long process. She communicated if the debt, the need to invest, and the ongoing
operations issues weren't there this would be easier to find a solution. Going down
this path still allows for a golf experience for those of varying ages and abilities by
having a 3-hole course and shortened tees on the 18-hole golf course. However, the
concerns about losing the access can be mitigated by careful controls in the
development. She said this would allow for more people to be able to use the
property. This type of development option broadens the amount of usage people
within Kent can share. She summarized that having clear controls in place will be
pivotal to anything that is done and doesn't favor moving forward until those controls
are in place.
Councilmember Fincher communicated that she favors public lands and wants to see if
there are any management companies out there to look at this and see if it can be
saved. However, the City needs to pull itself out of the debt.
Councilmember Boyce added that any type of company that can help with this issue is
preferred.
Councilmember Ralph also pondered if there is any golf management company that
can offer the City a plan. Watling communicated that there are several golf consultant
companies out there which offer those services. However, there is a financial cost to
it, he said.
Brubaker said he is skeptical that there is any company that can offer a solution to
take over, clear the debt, and operate the course. They would also need to address
the improvements that are needed, he pointed out. He warned that the repairs on the
course are not small and the issue is complex. He concluded that the entire complex
is losing money and the only way to fix it is to sell the Par 3.
Councilmember Higgins requested proposals or qualifications from golf consultant
firms in an RFP/RFQ process to be outside operators of the course.
Brubaker questioned if the City staff should also move to also look at buyers of the
property at the same time because if the Council doesn't express a serious interest in
selling the course there won't be any development interest.
Councilmember Higgins said that the Council is obviously interested in selling the
property or this discussion wouldn't be occurring. He also noted that he isn't
foreclosing the idea of coming up with a solution to solve all three of the issues,
either.
Councilmember Ranniger inquired if it would be best to look for an operator to solve
the three issues first, then if no one is found, move to find a buyer.
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Kent City Council Workshop Minutes March 4, 2014
Wolters confirmed that it makes sense to exhaust all possible opportunities to find an
operator to manage the property, then if none surface, look to any developers who
would want to develop it.
Councilmember Thomas communicated that no one would want to take over $2.6
million in debt. He felt the development of the property and working on the controls is
the way to go.
Councilmember Ranniger restated that its best to first determine if there are any golf
management operators who could offer a solution, then look for possible developers if
there are none who would be interested.
Watling communicated that the process would take six months to determine if there is
a golf management company who would handle the course.
Councilmember Boyce agreed with determining if there is a golf management
company out there first, then moving forward with the sale if there isn't.
Councilmember Ranniger communicated that while a management company is being
sought, the controls which would go along with the possible sale could be determined.
However, she felt that an outside operator could handle one, but not all three of the
problems that exist with the complex.
Councilmember Fincher felt that a last look is warranted and if a management firm
doesn't take this over, it would be a good time to look at what the City wants to see
in this new space that might be developed.
Watling said he would want it clearly stated in the RFP what the state of the current
golf complex is.
Councilmember Ralph summarized that the consensus is to go forward with the RFP
for a golf management company to handle the golf complex.
Watling stated that his goal is to find a sustainable solution to the golf complex.
Councilmember Ralph said this is something that the Council takes extremely
seriously and this is a step forward.
The meeting adjourned at 6:51 p.m.
Ronald F. Moore, MMC
City Clerk
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KENT
Kent City Council Meeting
March 4, 2014
The regular meeting of the Kent City Council was called to order at 7:01 p.m. by
Mayor Cooke.
Councilmembers present: Boyce, Fincher, Ralph, Ranniger, and Thomas.
Councilmember Higgins arrived at 7:02 p.m.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Ralph removed items M
and N from the Consent Calendar.
B. From the Public.
PUBLIC COMMUNICATIONS
A. Oath of Office, Councilmember Fincher. City Clerk, Ronald F. Moore,
administered the Oath of Office to Councilmember Fincher who was appointed to
Council Position No. 6. Councilmember Fincher introduced her family and friends who
were in the audience.
Council President Ralph communicated that Councilmember Fincher will serve on the
Public Works Committee and the Parks and Human Services Committee.
B. Public Recognition. Council President Ralph communicated that she attended
Sarafina! last Friday which was put on by the teens at the Kent Community Center
Phoenix Academy. She said it was a great production. Mayor Cooke also added that a
City volunteer, Ty Whitfield assists the youth in the community and she worked with
them to make this play happen.
Council President Ralph also applauded the Kentridge Robotics Team for winning the
Innovation Award at the robotics competition at the Auburn Mountainview Academy.
She added that her son is a member of the team. She also thanked the Parks and
Recreation Department for the Kent Kids Arts Day.
Councilmember Boyce wished Councilmember Higgins a happy birthday and the
Council and audience sang "Happy Birthday" to him. Councilmember Higgins
introduced his wife and daughter in the audience.
Mayor Cooke thanked Acting City Attorney Fitzpatrick for his great work and testimony
in the Washington State Court of Appeals on February 24. She stated that he handled
the questions from the judges very well.
Interim Chief Administrative Officer Brubaker communicated that Fitzpatrick is a very
talented attorney and his testimony and work is unparalleled.
Kent City Council Meeting Minutes March 4, 2014
Acting City Attorney Pat Fitzpatrick thanked Kim Komoto, Legal Analyst and Robert
Goehring, City Auditor. He noted that it will take three to six months for the City to get
a response on the appeal.
Mayor Cooke pointed out that our case is a civil case.
Mayor Cooke stated that Bob Nelson, the director of the Oscar-nominated film
"Nebraska" graduated Kentridge High School.
Councilmember Higgins recognized the Kentridge Girls basketball team and Kentwood
Boys basketball team for their participation in the Washington State basketball
tournament and wished them luck.
Mayor Cooke recognized all high school seniors who are preparing for their oral
presentations this week at Kent-Meridian and Kentridge high schools.
C. Community Events. None.
D. Legislative Update. Michelle Wilmot, Public Information Officer, reported on the
session in Olympia. She stated the session is slated to end on March 13. She said
there hasn't been a lot of activity on our top priority items. Yesterday, she noted that
the deadline for the items to pass out of the budget and transportation committees,
otherwise they would be considered dead for this session. Wilmot highlighted that this
Friday is the last day for the house to consider bills from the senate and for the senate
to consider bills from the house, unless they are budget related. She noted the senate
passed their operating and capital budgets last week and the house passed its
operating and capital budgets out of committee, not the house floor. The
transportation budget has passed both the senate and house. However, this has
nothing to do with the transportation investment package. She communicated that a
multi-billion legislative transportation package was introduced last week for major
projects, but it has some issues with moving forward, such as an 11.5 cent sales tax
on gas. She also noted that another challenge is that this legislation calls for sales tax
collected for transportation projects to go to transportation funding, instead of the
general fund. She communicated that there is $9 million in streamlined sales tax and
annexation sales tax credits and those funds are needed by Kent and look to be
untouched in both of the budgets. As far as liquor revenues, the City's lobbyist noted
that it looks like there will be a battle between how liquor revenues and future
marijuana revenues are distributed. She noted that the City receives about $920,000
in liquor revenues per year and both the senate and house budgets don't offer any
restoration of those revenues. She reported that the City's capital budget request for
the remaining $600,000 for the 228th connection is included in the house capital
budget. Additionally, she said the house and senate capital budgets include flood
control funding for $25 million. Wilmot discussed the statewide gangs database and
reported that those funds aren't in any of the budgets, but Senator Fain is supportive
of this item. The house operating budget has about a $500,000 grant program for
gang intervention. She noted the measure to have cities have more public works
projects brought in-house was approved by the house and is in the senate.
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Kent City Council Meeting Minutes March 4, 2014
Mayor Cooke communicated that in 2009 the bill lowered the cap for in-house projects
from $90,000 to $65,000. She added that the request is to increase the limit to
$125,000.
E. Intergovernmental Reports. Council President Ralph communicated that the
Regional Law Safety and Justice committee met last Thursday and a discussion
occurred about public defense and a finding that cities have been preventing indigent
people from adequate counsel. This has generated a lot of discussion and a limit has
been set to 400 cases per year. She noted that there is more to come and will have a
budget impact in the future as this will lead to move defense staff being required in
the City's jails.
Acting City Attorney noted that Brubaker, Human Services, and himself have met. He
said they are going to make revisions to their process to ensure they comply with the
new rules.
Councilmember Higgins highlighted that the Sound Cities Association Board of
Directors approved to hire a replacement for Monica Whitman who was hired by the
City of Kent and to create a subcommittee to determine how to fund one additional
staff member. He added that the Regional Transit Committee met and discussed the
actions of the King County Council to create a Transportation Benefit District (TBD)
and move forward to the ballot in April an issue to implement a $60 car tab fee and a
one-tenth of 1% sales tax for transportation. The split would be 60% to King County
and 40% to cities with Kent receiving $3.1 million. Additionally, a low income fare
would be implemented. He noted that the King County Council acting as the TBD
passed this by a 9-0 vote.
PUBLIC HEARINGS
None.
PUBLIC COMMENT
1. Heidi Wills, Seattle - Spoke on behalf of First Tee, Inc. She noted that it is a national
organization to serve the youth through the game of golf. This organization serves the
needs of children. She stated that First Tee works with 35 physical education teachers
in the schools and serving 14.000 students who use Riverbend Golf Course. She said it
seems to be an easy solution to sell the course, but safe places are needed for the
youth to use.
2. Evan Johnsen, Seattle - Spoke as the program director of First Tee. Johnsen said his
interest is in the youth and taking care of those in the general community. The needs
of the youth can't be met in schools or in family and their education is supplemented
by the golf course, he said. He said they have done their due diligence and Riverbend
is the only location for them to do their training. He asked the Council to do everything
in its power, but either keep the Par 3 or the training facility that was discussed in the
workshop.
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Kent City Council Meeting Minutes March 4, 2014
Councilmember Ranniger communicated that this isn't an easy decision and that this is
very difficult. She said this decision is still on hold for at least another six months so
the Council can find a solution for all users and the community to work on it.
3. Zachary Lockhart, Des Moines - Discussed the possible sale of the Par 3 golf course.
He communicated that he has met many friends there and that the course is great.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
L, seconded by Councilmember Thomas.
A. Minutes of the workshop and regular Council meeting of February 18, 2014
and special meeting of February 25, 2014 — Approve. The minutes of the
workshop and regular Council meeting of February 18, 2014 and special meeting of
February 25, 2014 were approved.
B. Payment of Bills — Approve. The Council approved the payment of the bills
received through January 15 and paid on January 15 after auditing by the Operations
Committee on February 18, 2014.
C. Excused Absence for Councilmember Berrios - Approve. The Mayor was
authorized to approve an excused absence for Councilmember Berrios who is unable to
attend the March 4, 2014 Council meeting.
D. B&O Tax Exemptions and Deductions Ordinance - Adopt. Ordinance No.
4106, amending Chapter 3.28 of the Kent City Code, to adopt additional exemptions
and deductions and to clarify a portion of the square footage tax component of the
City's B&O tax.
E. New Water Superintendent I Classification - Approve. The Mayor was
authorized to add the Water Superintendent I classification as a recognized
classification within budget documents subject to final terms and conditions acceptable
to the Human Resources Director and Public Works Director.
F. Position Change from Supervisor to Special Proiects Manager - Approve.
The Mayor was authorized to approve a position change in the Public Works
Department from Supervisor to Special Projects Manager subject to final terms and
conditions acceptable to the Human Resources Director and Public Works Director.
G. Consultant Agreement for the Green River Trail Proiects from Veterans
Drive to Three Friends Fishing Hole — Authorize. The Mayor was authorized to
sign the Consultant Agreement with the Berger Partnership, P.S. for $161,555.00 to
provide landscape architectural services for two projects along the Green River Trail,
subject to final terms and conditions acceptable to the City Attorney and the Parks
Director.
H. Land O' Frost Donation Agreement - Authorize. The Mayor was authorized to
accept the $19,000 donation from Land 0' Frost for the 2014 season of youth sports
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Kent City Council Meeting Minutes March 4, 2014
programs and authorize the Mayor to sign the donation agreement, subject to final
terms and conditions acceptable to the City Attorney and the Parks Director.
I. 2014 Washington State Slo-Pitch Umpires Association Agreement -
Authorize. The Mayor was authorized to sign the Washington State Slo-pitch Softball
Umpires Association Agreement for the 2014 season, subject to final terms and
conditions acceptable to the City Attorney and the Parks Director.
J. Fire Station #74 Data Center Remodel Agreement with Dutton Electric
Company, Inc. — Authorize. The Mayor was authorized to sign the contract with
Dutton Electric Company, Inc. to perform all work for the new city-wide Data Center at
Fire Station #74 in the amount of $53,232.33, including WSST, subject to final terms
and conditions acceptable to the City Attorney and the Parks Director.
K. 2013 Fourth Ouarter Fee-in-Lieu Funds — Accept. The Mayor was authorized to
accept $7,875.00 for fourth quarter 2013 fee-in-lieu funds and authorizing the
expenditure of funds in the Garrison Creek Park Budget.
L. Malik Ridge Final Plat — Approve. The Mayor was authorized to approve the final
plat for Malik Ridge and authorize the Mayor to sign the mylars.
M. Boeing Company — Release and Cancellation of Sanitary Sewer Easement —
Approve. The Mayor was authorized to approve a Release and Cancellation of the
Sanitary Sewer Easement with the Boeing Company, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
N. Boeing Company — Release and Cancellation of Public Turnaround
Easement — Approve. The Mayor was authorized to approve the Release and
Cancellation of the Public Turnaround Easement with the Boeing Company, subject to
final terms and conditions acceptable to the Public Works Director and City Attorney.
OTHER BUSINESS
A. Consultant Services Contract with Karras Consulting — Authorize. - Lorraine
Peterson, Human Resources Director discussed the item. She noted that this item was
brought to the Operations Committee in September and $3,700 was spent in
advertising the position. She noted that the City received some responses, but yielded
no fully qualified applicants. Additionally, she stated that the three reasons Karras can
do this recruitment are first, the Human Resource Department isn't staffed to do
executive searches. She noted that executive searches utilize a lot of resources and
entail doing full candidate profiles, having an executive database, and doing
background checks. She pointed out that Karras utilizes its database and contacts
possible highly qualified executive candidates about vacant positions. She
communicated that another positive in using Karras Consulting is that they have had
very successful recruitments in the State of Washington. She communicated that
Karras also limits the number of recruitments they handle at one time in order to give
their clients the attention they deserve. Patterson explained that Karras has great
references and they are experienced in networking and finding the right candidate.
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Kent City Council Meeting Minutes March 4, 2014
Councilmember Fincher questioned if the salary range here in Kent would be sufficient
to attract a candidate who is currently comfortable in their present position and
Peterson commented that our package is very acceptable. Furthermore, she
communicated that it would take about 12 weeks to identify a proper candidate for the
Chief Administrative Officer (CAO) position.
Councilmember Higgins inquired if the funds for this executive recruitment were
budgeted and Peterson said it wasn't and it would need to come out of the general
fund. Assistant Finance Director Paula Barry added that budget funds from vacant
positions could be used for this expenditure.
Mayor Cooke highlighted that normally an organization doesn't know when an
executive search would be needed. Councilmember Thomas added that the Council did
know when the CAO position was vacated and when the Finance Director was retiring,
so it could have been budgeted.
Councilmember Boyce moved to authorize the Mayor to execute a Consultant
Services Agreement with Karras Consulting to conduct searches for the Chief
Administrative Officer and Finance Director, in an amount not to exceed
$60,212, plus limited travel costs, upon approval of final terms and conditions
by the Human Resources Director and City Attorney, seconded by Council
President Ralph.
Councilmember Boyce communicated that he approves of this. He said he wanted
Patterson to do an initial recruitment and she did that did a great job at explaining
how this works in the human resource environment. He stated that it is important at
this level that the City gets the right people for the right job. He noted that Karras
Consulting has done a great job at filling positions throughout the state and that these
are two critical positions in the City that need to be filled.
Council President Ralph communicated that she has some concerns, but respects the
authority of the Mayor and will approve this contract.
A vote was taken on the motion on the table which carried 5-1.
Councilmember Thomas opposed.
Mayor Cooke thanked the Council in helping her find the best persons to perform in
these positions.
BIDS
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Ralph noted that at the workshop the B&O
List was discussed and consensus was obtained from the Council. There was also
discussion on the Par 3 Golf Course at the workshop and the Council received a
presentation from Brubaker and Watling. She noted that after a painful conversation
the decision was to put out an RFP for a golf management company who could operate
6
Kent City Council Meeting Minutes March 4, 2014
the site. She said there are three issues debt, reinvestment, and repair of the facility.
She said the RFP could take up to six months.
B. Mayor. Mayor Cooke discussed the Puget Sound Regional Council meeting and coal
and oil trains. She said that she will send the notes out and report from the future
special meeting to the Council. She said she will also have the Public Works Committee
to go into more depth to educate the local population on the trains that will be over a
mile long. She added that she wants to have the communication include congestion
and possible health effects. She noted that Washington has a responsibility to prepare
cities for the emergency management part of this.
Councilmember Higgins confirmed he will bring the issue up in his Public Works
Committee meeting.
Council President Ralph communicated that she has been speaking with the
Emergency Management Planning Department and they are onboard with the potential
hazards this brings and getting the City prepared for this in the future.
Mayor Cooke added that preparing for this scenario doesn't mean the City won't be
opposing this.
C. Administration. No report.
D. Economic & Community Development Committee. Councilmember Boyce said
there will be a meeting on Monday at 5:00 p.m. He is attending the first Regional Air
Quality Board meeting tomorrow at 2:00 p.m.
E. Operations Committee. In the minutes.
F. Parks and Human Services Committee. Councilmember Ranniger
communicated that the Riverbend Golf Complex will be brought to a future committee
meeting.
G. Public Safety Committee. Council President Ralph noted that there was no
meeting last month and the meeting is next Tuesday, March 11 at 4:30 p.m.
H. Public Works Committee. No report.
I. Regional Fire Authority. No report.
Mayor Cooke reopened public comment.
1. Drew Romine, Kent — Romine communicated that he is a member of First Tee and
uses the Par 3. He said he uses it a lot. He added that his family also loves the course.
2. Hayden Myers, Kent — Myers communicated that he also loves the Par 3 golf course.
He noted that a 77-year old golfer got a 2 with his hybrid club on the fifth hole.
EXECUTIVE SESSION
7
Kent City Council Meeting Minutes March 4, 2014
No executive session was held.
ADJOURNMENT
The meeting adjourned at 9:01 p.m.
Ronald F. Moore, MMC
City Clerk
8
KENT Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: March 18, 2014
SUBJECT: Appointment to the Kent Civil Service Commission - Confirm
MOTION: Confirm Mayor Cooke's appointment of Jeff Piecewicz to the
Kent Civil Service Commission for the remainder of Jim Berrios' six- year
term.
SUMMARY: I am delighted to recommend appointment of Jeff Piecewicz to the vacant
position on the Civil Service Commission. The vacancy was created when Jim Berrios
was elected to the City Council. The remainder of his term will expire on April 30,
2018.
Mr. Piecewicz has varied interests in the Kent community. He currently serves on the
Kent Public Facilities District Board, Citizens' Police Academy, Society for Human
Resource Management, Habitat for Humanity, Children's Ministries and the Special
Olympics, to name a few.
Jeff served 20 years in the United States Air Force. He received his B.S. in
Mathematics & Physical Science from Troy State University, his M.S. in Human
Services Management from Chapman University, and an MBA in Project Management
from City University of Seattle. His wealth of education, training and experience will
add value to his role on the Civil Service Commission.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
This page intentionally left blank.
40.
•
KENT Agenda Item: Consent Calendar — 7D
TO: City Council
DATE: March 18, 2014
SUBJECT: Appointment to the Kent Human Services Commission — Confirm
MOTION: Confirm appointment of Amelia Drake to the Kent Human
Services Commission to fill the vacant youth position for a two—year term
expiring January 1, 2016.
SUMMARY: Confirm appointment of Amelia Drake to the Kent Human Services
Commission to fill the vacant youth position for a two-year term — ending January 1,
2016.
I am pleased to recommend appointment of Amelia Drake to the Human Services
Commission.
Amelia is a freshman at Kent-Meridian High School where she holds a 4.0 GPA. She is
a member of the varsity soccer team, plays violin in the orchestra and is involved with
the Interact club — a service club at Kent Meridian that works with the Rotary club of
Kent.
Amelia cherishes Kent Meridian High School's diversity and feels fortunate to have the
opportunity to serve on the Human Services Commission representing youth, and
hopes that her service will make a difference in our community.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
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KENT
° Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: March 18, 2014
SUBJECT: Cumulative Contributions - Traffic School and Target Zero Teams
Funds - Accept
MOTION: Authorize the Mayor to accept current Traffic School contribution
fund balance of $79,600 and the Target Zero Teams grant fund balance of
$62,708, authorize amending the budget and authorize expenditure of the
funds in accordance with the grant terms and conditions acceptable to the
Police Chief and City Attorney.
SUMMARY: The city of Kent Police Department receives contributions and grant
donations for both the Traffic School and Target Zero Teams (impaired driving
enforcement) funds throughout the year. The donations range from $100 to $25,000.
Since the cumulative contributions received into these two accounts have not
previously been approved and accepted by the council and the combined total exceeds
$5,000, the Police Department seeks approval and acceptance of the funds in order to
maintain compliance with current Finance Department requirements.
EXHIBITS: None
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: Unanticipated Income
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•
Nl- KENT Agenda Item: Consent Calendar- 7F
TO: City Council
DATE: March 18, 2014
SUBJECT: $15,000 State Farm Grant - Citywide Illegal Street Racing
Enforcement/Education Campaign - Accept
MOTION: Authorize the Mayor to accept the $15,000 grant from State Farm
Insurance to implement a citywide illegal street racing campaign including
enforcement and community outreach, and authorize amending the budget
and expenditure of the funds in accordance with the grant terms and
conditions acceptable to the police chief and city attorney.
SUMMARY: The Kent Police Department received a $15,000 grant from State Farm
Insurance to implement a citywide illegal street racing program to include
enforcement and education components. The Police Department will implement the
high visibility enforcement model which has been successful in other areas of traffic
safety. The grant will fund enforcement by officers and a media/community outreach
component.
EXHIBITS: Acknowledgement of Contribution
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: Unanticipated Income
This page intentionally left blank.
i
ACKNOWLEDGMENT OF CONTRIBUTION
Internal Use Only By
Corporate Public Affairs
Please complete ALL sections.
ThePAR Kent
K.erit Police Departn-ienf Kent J1A
(name of organization as filed, no abbreviations) (city) (state)
acknowledges the receipt of State Farm Mutual Automobile Insurance Company's charitable contribution of
$15.000,00 which was received on Nlarc,h 4 2014 . (date)
PART B.
(Our records indicate that$15,000.00 is a charitable gift to your non-profit organization. Was any portion of this
contribution a direct,tangible benefit back to State Farm? For example: booth, table, or advertising. Please verify below.)
Were any goods or services provided to State Farm in consideration of this contribution?
V
No
Yes(if yes, on the line below, give a description and the value of the goods or services)
i
$
PART C.
Please indicate whether your organization is qualified or non-qualified as described in IRC
Section 601(c)(3), 170(c)(1) or 115(1). See note below.
X h <�rr7vntnunt
Qualified Non-Qualified N/A or Other: Specify' '
Note: In general, an organization qualifies under section 501(c)(3) if it Is a nonprofit group that meets the definition of a
charitable organization as prescribed in the Internal Revenue Code. An organization seeking recognition of exempt status
under section 501(c)(3) must file Form 1023 with the district director for the IRS district in which the organization is
located, Organizations may qualify under section 170(c)(1) if they are a governmental unit of the state or a political
subdivision of the state. Political subdivisions of a state are entities with one or more of the sovereign powers of the state
such as the power to tax. Typically they include counties or municipalities and their agencies or departments.An entity
that is not a political subdivision but that performs an essential government function may qualify under section 115(1).
PART D.
By signing below, I hereby agree that the above statements are correct regarding the amount and receipt of the
contribution, the value of goods or services provided, and the organization's status according to Section 501(c)(3),
170(c)(1)or 115(1).
Su efte CookF JI<rvr)r
Name(printed) Title
Signature Date
Kent Police Department
Kent, WA
Request ID 11616727
2014 DO
You may mail completed form OR fax to: (309) 766-2314
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KENT
Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: March 18, 2014
SUBJECT: Ordinance Amending KCC 9.02 Correcting Code Sections for Menacing
and Lewd Conduct - Adopt
MOTION: Adopt Ordinance No. amending Chapter 9.02 correcting
code sections for menacing and lewd conduct.
SUMMARY: On September 3, 2013, Council adopted ordinance No. 4087,
establishing the crime of menacing in the city of Kent. That ordinance was codified in
Section 9.02.295 of the Kent City Code.
On January 21, 2014, the Council adopted ordinance No. 4102 aimed at criminalizing
lewd conduct. This ordinance contained three new code sections. One of the code
sections was a definition section that was also codified in Section 9.02.295.
The two ordinances were codified in the same section of the Kent City Code due to the
fact that, at the time the lewd conduct ordinance was prepared, the code book had not
been updated to show the addition of the menacing ordinance in KCC 9.02.295. This
technical error requires the passage of an ordinance to recodify the crime of menacing
and reenact the code sections relating to the crime of lewd conduct.
This ordinance clarifies that the crime of menacing is recodified at section 9.02.293 of
the Kent City Code. The code sections relating to lewd conduct, which include a
definition section, the crime of lewd conduct, and the crime of facilitating lewd
conduct, will be reenacted in KCC sections 9.02.295, 9.02.296, and 9.02.297
respectively.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, recodifying the crime of
menacing and reenacting the code sections related
to the crime of lewd conduct.
RECITALS
A. On September 3, 2013, Council adopted ordinance No. 4087,
establishing the crime of menacing in the city of Kent. That ordinance was
codified in Section 9.02.295 of the Kent City Code.
B. On January 21, 2014, the Council adopted ordinance No.
4102 aimed at criminalizing lewd conduct. This ordinance contained three
new code sections. One of the code sections was a definition section that
was also codified in Section 9.02.295.
C. The two ordinances were codified in the same section of the
Kent City Code due to the fact that, at the time the lewd conduct ordinance
was prepared, the code book had not been updated to show the addition of
the menacing ordinance in KCC 9.02.295.
D. This technical error requires the passage of an ordinance to
recodify the crimes of menacing and reenact the code sections relating to
the crime of lewd conduct.
1 Recodify/Reenact KCC 9.02
Ordinance
E. This ordinance clarifies that the crime of menacing is
recodified at section 9.02.293 of the Kent City Code. The code sections
relating to lewd conduct, which include a definition section, the crime of
lewd conduct, and the crime of facilitating lewd conduct, will be reenacted
in KCC sections 9.02.295, 9.02.296, and 9.02.297 respectively.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — RecodifY. Section 9.02.295 of the Kent City Code
entitled "Menacing," as passed in Ordinance 4087, is hereby recodified as
KCC 9.02.293 as follows:
Sec. 9.02.293. Menacing. A person is guilty of the crime of
menacing when he or she intentionally follows or surveils another person
and/or engages in a course of conduct that is intended to place a person in
reasonable fear of bodily injury as that phrase is defined in RCW
9A.04.110.
"Follows", as used in this section, means deliberately maintaining
visual observation and/or physical proximity of a specific person or persons
over a continuous period of time.
Violation of this section is a misdemeanor, the maximum penalty of
which is ninety (90) days in jail and a one-thousand dollar ($1,000.00)
fine.
2 Recodify/Reenact KCC 9.02
Ordinance
SECTION 2. — Reenact. Section 9.02.295 entitled "Definitions,"
Section 9.02.296 entitled "Lewd conduct," and Section 9.02.297 entitled
"Facilitating lewd conduct" of the Kent City Code, all enacted in Ordinance
4102, are reenacted as follows:
Sec. 9.02.295 Definitions. The following words and phrases,
wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300
and 9.02.310, shall have the meanings ascribed to them in this section
except where otherwise defined and unless the context shall clearly
indicate to the contrary:
A. Expressive conduct means any dance, opera, musical, dramatic
work, or other exhibition or performance, whether or not part of an
organized or formal event that constitutes protected speech under the
federal or state constitution.
B. Known prostitute, a person known to patronize prostitutes, or a
person known to advance prostitution means a person who within one (1)
year previous to the date of arrest for violation of this section has, within
the knowledge of the arresting officer, been convicted of an offense of
prostitution, patronizing a prostitute, prostitution loitering, permitting
prostitution, or promoting prostitution whether or not such conviction
occurs under the Revised Code of Washington or comparable laws of
municipalities in the state of Washington.
C. Patronizing a prostitute shall have the same meaning as set forth in
RCW 9A.88.110 as now enacted or later amended or recodified.
D. Prostitution means to engage or agree or offer to engage in sexual
conduct for a fee, reward, exchange of any item or service, or promise, but
3 Recodify/Reenact KCC 9.02
Ordinance
does not include sexual conduct engaged in as part of any stage
performance, play, or other lawful and properly licensed entertainment
open to the public.
E. Public place means an area generally visible to public view including
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not) and any place in which the general
public has a right to be present or view, whether or not conditioned upon
payment of a fee, and includes, but is not limited to, buildings open to the
general public, including those which serve food or drink or provide
entertainment or sell product, and the windows, doorways and entrances
to buildings or dwellings and the grounds enclosing them, and structures
from which customers can be served through a drive-up or walk-up
window, door, or other means, whether or not access is restricted
according to age.
F. Public place provided or set apart for nudity means an enclosed
public restroom, an enclosed functional shower or locker room facility, an
enclosed sauna, a motel room or hotel room designed and intended for
sleeping accommodations, the location of a bona fide private club whose
membership as a whole engages in social nudism or naturalism (a nudist
resort or camp), and any similar public places in which nudity is
necessarily and customarily expected outside of the home.
G. Sexual conduct shall mean "sexual intercourse" or "sexual contact"
as defined in RCW 9A.44.010 as currently enacted or later amended or
recodified.
H. Walking or otherwise conducting oneself in a sexual manner shall
mean the swaying of hips, drawing attention to one's buttocks, legs, or
4 Recodify/Reenact KCC 9.02
Ordinance
breasts, grabbing oneself in the genitals or breasts, blowing kisses, or
using one's body or any part thereof to simulate sexual conduct.
Sec. 9.02.296. Lewd conduct
A. A person is guilty of lewd conduct if, in a public place and under
circumstances where such conduct is likely to be observed by a member of
the public, the person intentionally:
(1) Exposes any of his or her body parts without a full and
opaque covering:
(a) Any part of the male or female genitals, pubic hair,
pubic area, perineum, anus, or bottom one-half of the anal cleft;
(b) Any part of the areola or nipple of the female breast; or
(c) More than one-half of the part of the female breast
located below the top of the areola;
(2) Exposes the male genitals in a discernibly turgid state, even if
fully and opaquely covered;
(3) Touches, caresses, or fondles the genitals or female breast,
whether clothed or unclothed with the intention of sexual arousal or one's
self of others;
(4) Masturbates; or
(5) Engages in sexual intercourse or sexual contact as those
terms are defined in chapter 9A.44 RCW.
5 Recodify/Reenact KCC 9.02
Ordinance
B. Body paint, body dye, tattoos, latex, tape, or any similar substance
applied to the skin surface, any substance that can be washed off the skin,
or any substance designed to simulate or by which by its nature simulates
the appearance of the anatomical area beneath it, is not full and opaque
covering within the meaning of this section.
C. This section shall not be construed to prohibit:
(1) The act of breastfeeding or expressing breast milk;
(2) Classes, seminars, and lectures held for serious scientific or
educational purposes;
(3) Expressive conduct that is not obscene, subject to the time,
place, and manner restrictions contained in chapter 5.10 KCC or other law;
(4) Conduct of licensed adult entertainers within adult
entertainment dance studios operating pursuant to chapter 5.10 KCC;
(5) Conduct of licensed employees working in adult businesses
operating pursuant to chapter 5.10 KCC, provided the conduct is not
exposed to a person under 18 years of age; or
(6) Conduct of a child under 10 years of age.
D. Lewd conduct is a misdemeanor.
Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee,
manager, operator, or other person in charge of a public place is guilty of
facilitating lewd conduct if the person knowingly permits, encourages, or
6 Recodify/Reenact KCC 9.02
Ordinance
causes to be committed lewd conduct as defined in KCC 9.02.296.
Facilitating lewd conduct is a misdemeanor.
SECTION 3. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4. — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTIONS. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY
7 Recodify/Reenact KCC 9.02
Ordinance
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civi1\0rdinance\9.02Amend Reenact Docx
8 Recodify/Reenact KCC 9.02
Ordinance
KENT
Agenda Item: Consent Calendar - 7H
TO: City Council
DATE: March 18, 2014
SUBJECT: Ordinance Amending KCC 13.05.050 - Fireworks Penalty - Adopt
MOTION: Adopt Ordinance No. amending KCC 13.05.050, entitled
"Penalty," amending the penalty for the unlawful sale, possession, or
discharge of fireworks from a criminal offense to a class 1 civil infraction.
SUMMARY: Currently, under the Kent City Code, the unlawful possession, sale or
discharge of fireworks constitutes a criminal offense. Each year, the City receives
numerous complaints regarding the unlawful discharge of fireworks. However, unless
a commissioned officer views the actual discharge or possession of the fireworks, the
officer is unable to issue a criminal citation. This results in very few prosecutions of
fireworks violations.
In addition, the investigation and preparation of a criminal case can be quite time
consuming. This puts pressure on officers who deal with high call volumes during the
days preceding, including, and following July 4.
It is the Police Department's desire to have a better tool to enforce regulations
regarding the discharge, possession and sale of fireworks. Changing the violation of
these regulations from a criminal offense to a class 1 civil infraction will result in a
more efficient use of police resources, and should make it easier for commissioned
officers to make a real impact by increasing the number of violations prosecuted by
the City.
This ordinance will reduce the offense relating to the sale, purchase, possession or
discharge of fireworks from a misdemeanor carrying a maximum penalty of 90 days in
jail and a $100 fine, to a class 1 civil infraction carrying a maximum penalty of $250.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
13.05.050, entitled "Penalty," amending the
penalty for unlawful possession of fireworks from a
criminal offense to a class 1 civil infraction.
RECITALS
A. Currently, under the Kent City Code, the unlawful possession,
sale or discharge of fireworks constitutes a criminal offense. Each year,
the City receives numerous complaints regarding the unlawful discharge of
fireworks. However, unless a commissioned officer views the actual
discharge or possession of the fireworks, the officer is unable to issue a
criminal citation. This results in very few prosecutions of fireworks
violations.
B. In addition, the investigation and preparation of a criminal
case can be quite time consuming. This puts pressure on officers who deal
with high call volumes during the days preceding, including, and following
July 4.
C. It is the Police Department's desire to have a better tool to
enforce regulations regarding the discharge, possession and sale of
fireworks. Changing the violation of these regulations from a criminal
1 Amend KCC 13.05.050
Ordinance
offense to a class 1 civil infraction will result in a more efficient use of
police resources, and should make it easier for commissioned officers to
make a real impact by increasing the number of violations prosecuted by
the City.
D. This ordinance will reduce the offense relating to the sale,
purchase, possession or discharge of fireworks from a misdemeanor
carrying a maximum penalty of 90 days in jail and a $100 fine, to a class 1
civil infraction carrying a maximum penalty of $250.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Section 13.05.050 of the Kent City
Code, entitled "Penalty," is hereby amended as follows:
Sec. 13.05.050. Penalty. ns of
KCC 15.05.010 shall be deemed to have committed a class 1 civil
infraction as set forth in RCW 7.80.120. An infraction issued pursuant to
this section shall be filed in the Kent Municipal Court and aracessed in the
same manner as other infractions filed in the Kent Municipal Court. Any
person violating the provisions of KCC " '.^�.^"^, 13.05.020, or
13.05.030 shall be guilty of a misdemeanor, and shall be punished by
imprisonment not to exceed ninety (90) days and a fine not to exceed one
thousand dollars ($1,000). Any person violating the provisions of KCC
13.05.040 shall be guilty of a gross misdemeanor and shall be punished by
imprisonment not to exceed one (1) year and a fine not to exceed five
thousand dollars ($5,000). A person is guilty of a separate offense for each
2 Amend KCC 13.05.050
Ordinance
day during which he or she commits, continues, or permits a violation of
the provisions of this chapter.
SECTION 2. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, ACTING CITY ATTORNEY
3 Amend KCC 13.05.050
Ordinance
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civi1\0rdinance\13.05 Hremrk.Wcx
4 Amend KCC 13.05.050
Ordinance
KENT
Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: March 18, 2014
SUBJECT: Boeing Company - Release and Cancellation of Sanitary Sewer
Easement - Approve
MOTION: Authorize the Mayor to approve a Release and Cancellation of the
Sanitary Sewer Easement with the Boeing Company, subject to final terms
and conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: The Public Sanitary Sewer Easement entered into between the City and
the Boeing Company on February 5, 2003 is no longer needed and both parties desire
to release and cancel the Easement.
EXHIBITS: Draft Release and Cancellation of Sanitary Sewer Easement
RECOMMENDED BY: Operations Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
AFTER RECORDING RETURN TO:
Engineering Department
City of Kent
400 West Gowe St.
Kent, Washington 98032
Attn: Property Services
Reference Number of Related Document: 20030213000922
GRANTOR: CITY OF KENT
GRANTEE: THE BOEING COMPANY, a Delaware corporation
SHORT LEGAL: Lot 5 of LL Seg. 20021224002059
ASSESSOR'S PROPERTY TAX PARCEL: 022204-9065
Project: Pacific Gateway
RELEASE AND CANCELLATION OF EASEMENT
This Release and Cancellation of Easement is made this day
of , 2014, by the City of Kent, a Washington municipal corporation
("City").
RECITALS
A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered
into that certain Public Sanitary Sewer Easement dated February 5, 2003, and
recorded under King County Auditor's Recording Number 20030213000922
("Easement"), which granted an easement for the installation, operation,
maintenance, extending, construction, altering, reconstructing and repair of a
sanitary sewer, including necessary appurtenances.
B. Boeing has requested cancellation of the Easement and City has determined
that the Easement is no longer necessary.
C. City and Boeing have determined that it is in their mutual best interest to
cancel the Easement.
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 1 of 4
RELEASE AND CANCELLATION
1. The parties have signed this Release and Cancellation of Sanitary Sewer
Easement effective as of the last date signed below. The Easement is hereby
recognized as cancelled and terminated, and City releases all of its right, title and
interest in the Easement, recorded as Document Number 20030213000922, and
encumbering the following real property in King County, Washington, legally
described in Exhibit "A" and depicted in Exhibit "B" attached hereto and
incorporated herein by this reference.
2. Once canceled and terminated, the rights and responsibilities of both parties
to the Easement, under the terms of said Easement agreement, have no further
force or effect.
3. The terms, covenants and conditions of this Release and Cancellation of
Easement shall be binding on and inure to the benefit of Boeing, its successors and
assigns.
GRANTOR:
CITY OF KENT
BY:
ITS:
DATE:
ACCEPTED BY GRANTEE:
THE BOEING COMPANY
BY:
ITS:
DATE:
(Notary Acknowledgements Appear on Next Page)
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 3 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of _ to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P�,vffla�pa F,l�„622 oan9Paafi,G,taw.Ma1a ofP till,«n,taryS—rE—mamd—
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 4 of 4
r
1EXHIMT"A„
LEGAL DESCRIPTION
rrr ?• 20-FOOT PUBLIC SANITARY SEWER EASEMENT
NI Ih65e:portipna of Ne•.v Lots 5 and 6 of Large Lot Segregation,as recorded under Recording
a', of Lofa 7 arrct 6 of Largo Lot Segregation,as recorded under Recording
""' 'No 2002087§pd1040, R$cords gfKtng County, Washington, more particularly descnhed as
foltbwa ,: o
strip'of Ia a,2 fee(in w fin,ly n 10 igat on each side of the following described easement
COtdM6NCENG at iha f4'oultiwesl.r;p>titer 0Y Yr4a"A of Pacific Gateway Business Park, as
recorded under Recordto Np.20Qtb;(17000fiQ4,Ro rds of IQng County,Washington;
THENCE Sou0r.00°OOf O6'Weft to' the West NU of said New Lot 6 and East margin of 591h
Place South,a d,nitaa'ce of,604.02
THENCE South 00, 16'!05",,@est 'Ion `s'airt WBst line end East margin 735.79 feet to the
SouthwestcomerofsaM;NewCat S; �, " r
THENCE South 89°57"62'r"Fzst Ion g the'S0., Iide lherQof, a dlsta'ijce of 7184 feel to the
POINTOFDEGINNING and poI tther as orr.6tened toas Point A"
THENCE North00°g0'42"East,793.92 fef;
THENCE North 90°00,00'East;: 1 .29.feetlo.! a idmitnuslof¢iA:f7erein described easement
centerline.
TOGETHER WITH a sin p of land,20 fe€tan VPdtht:lylig 10 feet oh each si3e:,of the folloi-ring
described aa8ement centerline:
BEGINNING atth6'aforementloned Point"A",
THENCi South 00°00' 42"West, 1619.32 feet to Ina NPrtheCfy sitletine'"BP a emit&y Avower
easement as}r,.cord9d under Recording No 20000624000237f anif the,teOnmus ofi the{herein
described easer4enteented1ne.
EXCf'Pt'ally potion hereof lying within a building
j Is
t
{
3
+f.
Project Name: Pacllo.eatewey utlnes ParK.,
December12,2002
Revised Jaouery 2,2009
Revised January 10,2003
Revised 4anuary20,2003
RWG/Iss
i
100591.625doc
r.
.r
This page intentionally left blank.
r ® EXHIBIT R NO --
(erlw�l
,0
LOT 3 r
: r
r
18-24
,<7 F .. Bi 20 h ST;REEy"
to
Al
I i :.,)B�;.' I.. LOT 2
to-23
t---
18-21
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Scale: ®f: Job Humber
Hor7:ohPur t"=�q0' ve�tkal,=F> BOEING REALTY i®®se
QaNAGs i82116.T72ND AS2nVe soUiN ' OORPORATION
Sheet
((426>)25I-6222
(426)261-8T8z apx
$ CMLENGINEERING. IAN PUBLIO,''S'ANITARY
ENVIR04M'ENTAL sSFRwcEs = SEWER EAS.ER9EidT 5 of 1
Oesl n Oraw Cha eb roved Dote
i i
r
This page intentionally left blank.
KENT Agenda Item: Consent Calendar - 73
TO: City Council
DATE: March 18, 2014
SUBJECT: Boeing Company - Release and Cancellation of Public Turnaround
Easement - Approve
MOTION: Authorize the Mayor to approve the Release and Cancellation of
the Public Turnaround Easement with the Boeing Company, subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The Public Turnaround Easement entered into between the City and the
Boeing Company on April 30, 2003 is no longer needed and both parties desire to
release and cancel the Easement.
EXHIBITS: Draft Release and Cancellation of Public Turnaround Easement
RECOMMENDED BY: Operations Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
AFTER RECORDING RETURN TO:
Engineering Department
City of Kent
400 West Gowe St.
Kent, Washington 98032
Attn: Property Services
Reference Number of Related Document: 20030213000922
GRANTOR: CITY OF KENT
GRANTEE: THE BOEING COMPANY, a Delaware corporation
SHORT LEGAL: Por Lot 4 and Lot 7, LL Seg Sec 2 & 11, TWP22N, RGE4E
ASSESSOR'S PROPERTY TAX PARCEL: 112204-9088, 022204-9019
Project: Pacific Gateway Business Park Project No. 2
RELEASE AND CANCELLATION OF EASEMENT
This Release and Cancellation of Easement is made this day
of , 2014, by the City of Kent, a Washington municipal corporation
("City").
RECITALS
A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered
into that certain Public Temporary Turnaround (ingress/egress) Easement dated
April 30, 2003, and recorded under King County Auditor's Recording Number
20030502002419 ("Easement"), for the installation, operation, maintenance,
extending, construction, altering, reconstructing and repair of a public temporary
turnaround for ingress/egress.
B. Boeing has requested cancellation of the Easement and City has determined
that the Easement is no longer necessary.
C. City and Boeing have determined that it is in their mutual best interest to
cancel the Easement.
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 1 of 4
RELEASE AND CANCELLATION
1. The parties have signed this Release and Cancellation of the Public
Temporary Turnaround (ingress/egress) Easement effective as of the last date
signed below. The Easement is hereby recognized as cancelled and terminated,
and City releases all of its right, title and interest in the Easement, recorded as
Document Number 20030502002419, and encumbering the following real property
in King County, Washington, legally described in Exhibit "A" and depicted in
Exhibit "B" attached hereto and incorporated herein by this reference.
2. Once cancelled and terminated, the rights and responsibilities of both parties
to the Easement, under the terms of said Easement agreement, have no further
force or effect.
3. The terms, covenants and conditions of this Release and Cancellation of
Easement shall be binding on and inure to the benefit of Boeing, its successors and
assigns.
GRANTOR:
CITY OF KENT
BY:
ITS:
DATE:
ACCEPTED BY GRANTEE:
THE BOEING COMPANY
BY:
ITS:
DATE:
(Notary Acknowledgements Appear on Next Page)
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 3 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of _ to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P�,vffla�pa F,l�„622 oan9Paafi,G,taw.Ma1a ofP bl,,T pao T,mar,,ndEma d—
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 4 of 4
Exhibit A
i'
LEGAL DESCRIPTION
PUBLIC TEMPORARY TURNAROUND EASEMENT
rAII that porhoh gYlot'4:;and Lot 7 of Large Lot Segregation of a portion of Sections 2 and 11,
Townsi?fp 22 North, Range ";Nllld 4 East; tnette Meridian, according to Segregation recorded under
t;ecordIng,,Np 200208.,1300104G', to Kthg County, Washington, more particularly described as
follows
CONifV1dONG atJoe Npfthvlest cothoftf saidLat°4
THENCE South 000 0.}r00''Wag.Niong the.Wsst 116 thereof, a distance of 75844 feet to the
POINT OF BLQINNING and the'begirfntng of,a�Q Od'-foot-radius curve to the left,
THENCE along lh6 arc 4f said curve, pp,;tmg fhrough a central angle of 36W 00' 00°, an are
distance of 31416 feet tfi the;P01NT OF$EQINNiNG
1,IAM ..
It
' ExPep�s""s7te.r 03 ..
Project Name Pacific Gateway Business Park
November13,2002
RWG11ss
7745E 019 doc -- x x
it
ur
This page intentionally left blank.
Exhibit B
is
it
PUBLIC
TEMPO AR Y f"
TURNP,RUUND
EASEM T `
50 "
V
y r t
N
LL
Scale SOP: ' " ;' '"•.:Job Number
Horizontal1zontc! 1°=200' Vertical O 4NO REALI`:�i �. �°'_�
KENTS WA 950 2NUE SOUTH CORP-ORrf`'1 I, � :::,."'a' Shbet': ,
((425 251-5222
(425�251-8782 FAX Title; it
CML ENGINEERING, WO PUBLIC TEMPORARY�" ��'`..���.�`
�r✓ceNGRY�R� ENVIROINM`ENTAR SEWCES TURNAROUND EAS M'EN7 , of_.—
Desi ned_.« Drown— Checked oved W Dafe ': 2:
This page intentionally left blank.
KENT
Agenda Item: Consent Calendar — 7K
TO: City Council
DATE: March 18, 2014
SUBJECT: 2013 Consolidated Annual Performance Evaluation Report - Approve
MOTION: Move to approve the 2013 Consolidated Annual Performance and
Evaluation Report and authorize the Mayor to submit the report to the
Department of Housing and Urban Development.
SUMMARY: The 2013 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: 2013 Consolidated Annual Performance and Evaluation Report
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger — Higgins (by concurrence) NAY:
BUDGET IMPACT: None
This page intentionally left blank.
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? 3
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
Data to be entered
CDBG HOME HOPWA
White 0 0 0
Black or African American 0 0 0
Asian 0 0 0
American Indian or American Native 0 0 0
Native Hawaiian or Other Pacific Islander 0 0 0
Hispanic 0 0 0
Not Hispanic 0 0 0
Total 0 0 0
Table 1—Table of assistance to racial and ethnic populations by source of funds
Narrative
CAPER 7
OMB Control No:2506-0117(exp.07/31/2015)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Expected Actual
Amount Available Amount Expended
Program Year X
CDBG $914,499.00 $607,578.46
Table 2—Resources Made Available
Narrative
Identify the geographic distribution and location of investments
Target Area Planned Percentage of Actual Percentage of Narrative Description
Allocation Allocation
City of Kent 100% 100% Funds were distributed
to programs serving
Kent residents or for
businesses located in
Kent
Table 3—Identify the geographic distribution and location of investments
Narrative
The City distributed CDBG funds to programs serving Kent residents or to business owners with
businesses located in Kent.
CAPER 8
OMB Control No:2506-0117(exp.07/31/2015)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
In addition to allocating$914,499 in CDBG funds,the City leveraged $848,320 in resources from
General Funds. The Kent Cultural Diversity Initiative Group also received a $5,000 grant to
support the Refugee Employment Summit. The fiscal sponsor of the grant was World Relief-
Seattle.
N/A-The City does not allocate HOME funds.
Fiscal Year Summary—HOME Match
1. Excess match from prior Federal fiscal year
2. Match contributed during current Federal fiscal year
3 .Total match available for current Federal fiscal year(Line 1 plus Line 2)
4. Match liability for current Federal fiscal year
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4)
Table 4—Fiscal Year Summary-HOME Match Report
CAPER 9
OMB Control No:2506-0117(exp.07/31/2015)
fom n ( o ƒ
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Minority Business Enterprises and Women Business Enterprises—Indicate the number and dollar value
of contracts for HOME projects completed during the reporting period
N/A Total Minority Business Enterprises White Non-
Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Contracts
Number
Dollar
Amount
Sub-Contracts
Number
Dollar
Amount
Total Women Male
Business
Enterprises
Contracts
Number
Dollar
Amount
Sub-Contracts
Number
Dollar
Amount
Table 7—Minority Business and Women Business Enterprises
Minority Owners of Rental Property— Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
N/A Total Minority Property Owners White Non-
Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number
Dollar
Amount ff]
Table 8—Minority Owners of Rental Property
CAPER 11
OMB Control No:2506-0117(exp.07/31/2015)
Relocation and Real Property Acquisition—Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired,and the cost of acquisition N/A
Parcels Acquired
Businesses Displaced
Nonprofit Organizations
Displaced
Households Temporarily
Relocated, not Displaced
Households Total Minority Property Enterprises White Non-
Displaced Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number
Cost
Table 9—Relocation and Real Property Acquisition
CAPER 12
OMB Control No:2506-0117(exp.07/31/2015)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of homeless households to be 0
provided affordable housing units
Number of non-homeless households to 122* 143
be provided affordable housing units
Number of special-needs households to
be provided affordable housing units
Total 122 143
Table 10-Number of Households
*One year goal in 2013 Annual Action Plan should have been 122.
One-Year Goal Actual
Number of households supported 42 147
through rental assistance
Number of households supported 0 0
through the production of new units
Number of households supported 80 111
through the rehab of existing units
Number of households supported 0 0
through the acquisition of existing units
Total 122 258
Table 11-Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
Outcomes exceeded goals; the City was extremely pleased with the performance of its sub-
recipients; i.e., organizations that the City contracted with to provided services.
Discuss how these outcomes will impact future annual action plans.
The City estimates that it will receive level funding in 2014; therefore, it will negotiate similar
outcomes with organizations delivering services after factoring in cost of living adjustments.
CAPER 13
OMB Control No:2506-0117(exp.07/31/2015)
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Data to be entered
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 12-Number of Persons Served
Narrative Information
CAPER 14
OMB Control No:2506-0117(exp.07/31/2015)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The Health Point Healthcare for the Homeless Project included an outreach component to
ensure that the homeless are aware of healthcare services. The City also invested in outreach to
the homeless through a General Fund-supported project.
Addressing the emergency shelter and transitional housing needs of homeless persons
Two programs funded by the City addressed emergency shelter and transitional housing needs
of homeless persons: YWCA: Anita Vista Transitional Housing Program and Catholic Community
Services-Katherine's House (CCC). Anita Vista provided transitional housing for domestic
violence survivors and their families and CCS provided shelter and case management services to
single women in recovery.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
Through its homeless continuum, which was funded by General Funds and CDBG, Multi-Service
Center (MSC) provided responsive services to target the needs of homeless individuals.
Services provided along the continuum consisted of shelter with supportive services, a hotel
voucher, a referral to permanent housing, etc. The YWCA and Refugee Women's Alliance
(ReWA) provided case management services to the homeless and helped them find permanent
housing.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
CAPER 15
OMB Control No:2506-0117(exp.07/31/2015)
Rental assistance to prevent homelessness was provided by MSC and ReWA. Most of the
women that received shelter through CCS were women who were released from the King
County Regional Justice Center.
CAPER 16
OMB Control No:2506-0117(exp.07/31/2015)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City worked collaboratively to address the needs of public housing by advocating for and
investing in affordable housing stock, providing supportive services to prevent homelessness
(this kept additional people off the King County Housing Authority waitlist rolls), and sitting on a
number of committees and application review teams that directed funds to organizations
managing affordable housing stock.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The King County Housing Authority (KCHA) increased resident involvement through a number
of mechanisms; e.g., the Resident Advisory Council was created as a forum for residents to
provide feedback to assist KCHA with the development of policies and procedures that impact
Housing Authority residents, etc. The City was rarely in a position to have direct impact on
resident involvement.
Actions taken to provide assistance to troubled PHAs
The KCHA is not considered a "troubled" PHA.
CAPER 17
OMB Control No:2506-0117(exp.07/31/2015)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 0); 91.320 (i)
The City of Kent is committed to maintaining the affordable housing stock in our community.
Using CDBG funds for the Home Repair Program allowed home owners to maintain their homes
and preserve housing stock.
The City also provides limited assistance to individuals and families that are behind on utility
payments due to circumstances like temporary job loss due to illness, reduced income due to a
financial emergency, etc.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.3200)
Several planning meetings with providers and representatives who specialize in providing
services to refugee and immigrant clients were convened to develop an action plan to locate a
facility in which to co-locate services. The City will continue working on this issue in 2014.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
No actions were taken.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.3200)
The City of Kent continued to work to reduce the number of families in poverty. Through its
Kent Micro-enterprise Initiative (Washington CASH was the sub-recipient), the City provided
business training classes to low-income individuals, especially women, People of Color, and
disabled individuals. The City also worked to increase jobs to individuals and families by
sponsoring and investing in the Refugee Employment Summit and encouraging businesses to
hire low-income residents.
In addition, the City maintained relationships with local training schools and community
colleges that work to reduce poverty through education and training programs.
CAPER 18
OMB Control No:2506-0117(exp.07/31/2015)
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City continued to work with King County, suburban cities, the City of Seattle, United Way of
King County and other entities to develop Family Housing Connection, a countywide program
committed to the goal of reducing the burden on families experiencing homelessness in King
County by providing a single access point for shelter and housing resources. The change in the
definition of homelessness led to an increase in the number of families that needed housing,
and the City is worked to mitigate the effect on the homeless by developing programs and
mechanisms to assist people while they waited for permanent housing.
Staff also joined The Seattle Foundation Center for Community Partnerships Advisory
Committee. The purpose of the Center is to advance collaborative, systemic change to achieve
greater economic and racial equity in King County. This will be accomplished by working across
various interconnected issues with diverse partners including community members,
government representatives, funders and business leaders. It is anticipated that this work will
have a positive impact on institutional structure.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.3200)
The City was instrumental in developing relationships between these entities and continued to
foster and participate in these collaborations, including the Homeless Forum, a monthly
meeting of housing and support service providers, South King Council of Human Services, South
King County Housing Development Group, and the King County Housing Development
Consortium.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
Recommendations from the City's Analysis of Impediments to Fair Housing Choice included:
Recommendation 1: Expand current education and outreach efforts
The City continued to work on this recommendation by:
• Posting fair housing materials on its website ;
• Providing fair housing articles/information/notices in electronic communications to the
Kent Cultural Diversity Initiative Group;
• Providing fair housing materials to apartment complexes through its police department;
and
• Distributing a Fair Housing Equity Assessment Survey to protected groups.
CAPER 19
OMB Control No:2506-0117(exp.07/31/2015)
Recommendation 11: Continue ongoing enforcement activities
The City does not have enforcement authority; the Washington State Human Rights
Commission and the King County Office of Civil Rights investigates complaints.
Recommendation HI:Target homeownership and lending marketing to African Americans and
Hispanics households
The City used Neighborhood Stabilization to purchase and rehabilitate three foreclosed homes,
which were then sold to income-eligible homebuyers. The homebuyers were families of African
American descent that had been on the Habitat for Humanity waitlist for an extended period of
time; the families received zero-interest loans. A fifteen-year covenant of affordability was
signed by each homebuyer.
Mortgage payments received from the homebuyers were entered into a fund that will allow
Habitat for Humanity to purchase, rehabilitate, and sell additional houses. These payments
will allow the City and Habitat for Humanity to target additional homeownership to African
American and Hispanic households.
CAPER 20
OMB Control No:2506-0117(exp.07/31/2015)
CR-40 - Monitoring 91.220 and 91.230
Description of the standards and procedures used to monitor activities carried out in
furtherance of the plan and used to ensure long-term compliance with requirements of the
programs involved, including minority business outreach and the comprehensive planning
requirements
Standards and Procedures for Monitoring
The City monitored its CDBG program throughout the year. Programs funded by the City were
expected to maintain high standards. Organizations were informed that the failure to comply
with contractual requirements and regulations could result in remedial actions and/or the
termination of funding. Quarterly performance reports were reviewed by the Human Services
Commission. Standards and procedures are further outlined below:
• The City funded one new project in 2013, The Emergency Feeding Program, Food for all
Around Kent. The CDBG Program Coordinator met with project staff before and during
the contract year. In addition, the Coordinator met with sites that expressed interest in
distributing food through the Food for all Around Kent Project to review income-
eligibility guidelines and answer CDBG eligibility questions.
• All projects were monitored closely to ensure that staff has a good understanding of
program administration, program performance standards, fiscal administration,
contractual requirements, and recordkeeping and reporting. Issues that needed
clarification were addressed.
• Projects received quarterly monitoring. Programs that needed guidance in achieving
performance measures or adhering to contractual requirements received technical
assistance, were required to attend a meeting with City staff, and/or received an on-site
monitoring visit.
• Monitoring concerns/finding were reviewed with agency staff and documented in
writing.
• When applicable, timely corrective action was required.
• Agencies were required to provide supporting documentation or written
communication verifying that deficiencies were corrected.
• Agencies were informed that failure to take corrective action could lead to the
withholding or the loss of funding.
Citizen Participation Plan 91.105(d); 91.115(d)
The Kent community, including regional stakeholders, received a 30-day period to review and
comment on the CAPER. Notices were provided via the following mechanisms:
CAPER 21
OMB Control No:2506-0117(exp.07/31/2015)
• A Public Notice was posted on the City of Kent website on Thursday, February 13, 2014.
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.
• The Kent community and stakeholders were invited to provide comments at a public
hearing held at the Kent Human Services Commission meeting on February 20, 2014.
CAPER 22
OMB Control No:2506-0117(exp.07/31/2015)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
There were no changes in the City's program objectives. The City does not anticipate major
changes in programs.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No.
CAPER 23
OMB Control No:2506-0117(exp.07/31/2015)
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KENT
Agenda Item: Consent Calendar — 7L
TO: City Council
DATE: March 18, 2014
SUBJECT: First Amendment to the 2014 Community Development Block Grant
Annual Action Plan - Approve
MOTION: Move to approve the proposed First Amendment of the 2014
Community Development Block Grant Annual Action Plan.
SUMMARY: The 2014 CDBG Annual Action Plan was approved by City Council on
November 5, 2013. The deadline for submitting the Plan to the Department of Housing
and Urban Development (HUD) was November 15th. However, HUD issued new
guidance mandating that the City delay submission of the Plan to HUD for approval up
to 60 days after HUD announces FY 2014 formula allocations, or until August 16, 2014
(whichever comes first). This guidance also requires the following amendments:
a) A statement that the CDBG allocation listed in the 2014 Annual Action
Plan is an estimate;
b) A statement that once HUD announces FY 2014 CDBG formula
allocations, the City will post its actual CDBG allocation on the City of
Kent Parks Department, Human Services Division website, and
electronically notify the public of this posting (this will include an update
in allocations among projects);
c) A statement that in the event the City receives an increase or decrease
in funds, funds will be allocated as follows:
Public Services
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, funds will be deducted
proportionally among projects-all projects will receive at least
$10,000
Capital
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, the Home Repair Program will
receive a $69,424 decrease, which will leave its allocation at
$500,000
d) A statement that the City will incur pre-award costs necessary to develop
the Action Plan and administer the CDBG Program;
e) Incurred pre-award costs could impact the 2014 grant in the event the
City does not receive the estimated Planning and Administration
allocation and has to limit its P & A activities; in the event this happens it
should have a minimum or zero impact on future grants;
f) A statement that the City will take advantage of a waiver of the
provisions of 24 CFR 570.200(h) and will treat the effective date of the
grant agreement as the program year start date (January 1, 2014);
g) A statement that the City will keep written documentation of the
conditions requiring a waiver of 24 CFR 570.200(h); and
h) A statement that this waiver allows funded projects to begin services
retroactive to 1/1/2014, although projects are prohibited from receiving
CDBG funds until the City signs its contract with HUD.
The Public was notified of this amendment through a public notice and provided an
opportunity to comment on the amendment.
EXHIBITS: First Amendment of the 2014 Annual Action Plan
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger — Higgins (by concurrence) NAY:
BUDGET IMPACTS: None
CITY OF KENT
Parks, Recreation & Community Services
Housing and Human Services Division
FIRST AMENDMENT
of the
2014 ANNUAL ACTION PLAN
A. BACKGROUND
1. The 2013-2017 CDBG Consolidated Plan for Housing and Community
Development provides a framework for implementing housing, human
services and community development activities from 2013-2017.
2. Each year the City of Kent executes specific-actions to implement the
objectives and strategies of the five-year Consolidated Plan, which are
outlined in an Annual Action Plan.
3. The City's Annual Action Plan is due to HUD on November 15th of each
year; this deadline is usually before HUD issues fiscal year allocations
based on the Congressional budget.
4. The City projected a CDBG allocation of $914,499 for 2014.
5. The 2014 Annual Action Plan was approved by Kent City Council on
November 5, 2013.
6. Although CDBG regulations mandate a November 15th submission date,
the local HUD office asked the City to delay submission pending further
notice.
7. On December 13, 2013, the City received notice that the HUD national
office issued new guidance for submitting the 2014 Annual Action Plan.
8. The thrust of this guidance is to require that jurisdictions delay
submission of the 2014 Annual Action Plan until up to 60 days after HUD
announces FY 2014 formula allocations, or until August 16, 2014
(whichever comes first). This will ensure that Annual Action Plans
submitted to HUD include the City's actual CDBG allocation.
9. The City will ensure that the public is also notified of its actual allocation.
10.HUD guidance states that a citizen participation process conducted before
formula allocations are announced, should include a contingency provision
explaining how the City will adjust its funding among projects if there is
an increase or decrease in estimated funding; the City's draft Action Plan
did not include a contingency plan.
11.13ecause HUD is extending the period for submission of Action Plans,
jurisdictions are granted a waiver of the provisions of 24 CFR 570.200(h)
and may treat the effective date of the grant agreement as the program
7 I ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 ua in I1$ 11 wYa in
year start date (January 1, 2014), or the date that the Action Plan is
received by HUD (whichever is earlier).
12.This waiver allows agencies that the City funds to begin services
1/1/2014, although they cannot receive payment until the City signs its
contract with HUD.
13. Jurisdictions using this waiver must keep written documentation of the
conditions requiring such a waiver.
14.The activity for which pre-award costs are being incurred must be
included in the draft Action Plan arior to the costs being incurred and the
public must be informed of how these costs will affect future grants.
B. AMENDMENT
1. Amend the 2014 Annual Action Plan pursuant to HUD guidance issued on
December 13, 2014.
2. The amendment shall include the following provisions:
a) A statement that the CDBG allocation listed in the 2014 Annual Action
Plan is an estimate;
b) A statement that once HUD announces FY 2014 CDBG formula
allocations, the City will post its actual CDBG allocation on the City of
Kent Parks Department, Human Services Division website, and
electronically notify the public of this posting (this will include an
update in allocations among projects);
c) A statement that in the event the City receives an increase or
decrease in funds, funds will be allocated as follows:
Public Services
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, funds will be deducted
proportionally among projects-all projects will receive at least
$10,000
Capital
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, the Home Repair Program
will receive a $69,424 decrease, which will leave its allocation at
$500,000
d) A statement that the City will incur pre-award costs necessary to
develop the Action Plan and administer the CDBG Program;
e) Incurred pre-award costs could impact the 2014 grant in the event the
City does not receive the estimated Planning and Administration
2 1 ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 o in I1$ 11 wYa in
allocation and has to limit its P &A activities; in the event this happens
it should have a minimum or zero impact on future grants;
f) A statement that the City will take advantage of a waiver of the
provisions of 24 CFR 570.200(h) and will treat the effective date of the
grant agreement as the program year start date (January 1, 2014);
g) A statement that the City will keep written documentation of the
conditions requiring a waiver of 24 CFR 570.200(h); and
h) A statement that this waiver allows funded projects to begin services
retroactive to 1/1/2014, although projects are prohibited from
receiving CDBG funds until the City signs its contract with HUD.
3 1 ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 ua in I1$ 11 wYa in
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KENT
Agenda Item: Consent Calendar - 7M
TO: City Council
DATE: March 18, 2014
SUBJECT: First Amendment to the 2013-2017 Consolidated Plan for Housing and
Community Development - Approve
MOTION: Move to approve the proposed First Amendment of the 2013-2017
Community Development Block Grant Consolidated Plan for Housing and
Community Development, including funding allocations.
SUMMARY: The 2013-2017 CDBG Consolidated Plan for Housing and Community
Development was submitted to HUD via an online template that did not allow the City
to include a substantive Community Participation Process specifying what
circumstances would constitute a substantial amendment of the Consolidated Plan and
Annual Action Plan. The City wishes to amend its 2013-2017 Consolidated Plan so
that it can add a Community Participation Guide that includes a definition for
substantial amendment.
In addition, the City originally allocated $100,000 in funding to the City of Kent-Grow
Kent Fund to provide below-market rate financing to grow small businesses in Kent
through the City of Kent's 2013-2017 CDBG Consolidated Plan for Housing and
Community Development. When this project was not launched in 2013 and funds
were recaptured, the City of Kent Economic Development Division asked the CDBG
Program to re-purpose the funds and invest in a downtown storefront facade
rehabilitation project. The City wishes to reallocate funds for this purpose.
Pursuant to HUD regulations, the city of Kent proposes to amend the 2013-2017
CDBG Consolidated Plan for Housing and Community Development to include the
following provisions:
1. Amend the 2013-2017 Annual Action Plan to allow for the addition of a
Community Participation Guide, which states that a substantial amendment is defined
as:
a) any proposed change in the use of CDBG funds that exceeds 10% of the
total annual entitlement;
b) any change in the purpose, a major change in the scope of an activity, or
a change in the beneficiaries; or
c) the addition of a new activity or deletion of an approved activity.
2. Amend the 2013-2017 Consolidated Plan (the 2013 Annual Action Plan Section)
to allow for the reallocation of $100,000 in CDBG funds; funds shall be awarded as
follows:
a) Award $100,000 to the City of Kent Storefront Facade Rehabilitation
Project. Funds shall be used to rehabilitate storefront building facades in a
designated downtown area of Kent.
The Public was notified of this amendment through a public notice and provided an
opportunity to comment on the amendment.
EXHIBITS: a) The First Amendment of the 2013-2017 CDBG Consolidated Plan for
Housing and Community Development
b) City of Kent 2013-2017 Consolidated Plan for Housing and Community
Development: Community Participation Guide
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger - Higgins (by concurrence) NAY:
BUDGET IMPACTS: Budgeted: City of Kent Grow Kent Fund: -$100,000
City of Kent Storefront Facade Rehabilitation Project: +$100,000
CITY OF KENT
Parks, Recreation & Community Services
Housing and Human Services Division
FIRST AMENDMENT
of the
2013 — 2017 CDBG CONSOLIDATED PLAN
for
HOUSING and COMMUNITY DEVELOPMENT
A. BACKGROUND
1. The 2013-2017 Consolidated Plan for Housing and Community
Development provides a framework for implementing housing,
human services and community development activities from 2013-
2017.
2. Each year the City of Kent executes specific-actions to implement
the objectives and strategies of the five-year Consolidated Plan,
which are outlined in an Annual Action Plan.
3. The 2013-2017 Consolidated Plan was submitted via an online
template that was mandated by HUD.
4. This template did not allow the City to include a substantive
Community Participation Process specifying what circumstances
would constitute a substantial amendment of the Consolidated Plan
and Annual Action Plan.
5. The City wishes to amend its 2013-2017 Consolidated Plan so that
it can add a Community Participation Guide.
6. The 2013-2017 Consolidated Plan also included the 2013 Annual
Action Plan
7. In the 2013 Annual Action Plan, the City allocated $100,000 of
CDBG to the City of Kent-Grow Kent Fund to provide below-market
rate financing to grow small businesses in Kent.
8. The City did not launch this project in 2013; therefore, funds were
recaptured.
9. Instead of using these funds as initially allocated, the City has
decided to invest in a downtown storefront facade rehabilitation
project.
B. AMENDMENT
1. Amend the 2013-2017 Annual Action Plan to allow for the addition
of a Community Participation Guide, which states that a substantial
amendment is defined as:
• any proposed change in the use of CDBG funds that exceeds
10% of the total annual entitlement;
• any change in the purpose, a major change in the scope of
an activity, or a change in the beneficiaries; or
• the addition of a new activity or deletion of an approved
activity.
2. Amend the 2013-2017 Consolidated Plan (the 2013 Annual Action
Plan Section) to allow for the reallocation of $100,000 in CDBG
funds.
3. Funds shall be awarded as follows:
Award $100,000 to the City of Kent Storefront Facade
Rehabilitation Project. Funds shall be used to rehabilitate
storefront building facades in a designated downtown area of
Kent.
2013 CDBG Funds Awarded Amount: $100,000
Award to:
Ca ital Pro'ects Awarded Funds Change
City of Kent: Grow <$100,000> -$100,000
Kent Fund
City of Kent: $100,000 +$100,000
Storefront Facade
Rehabilitation Project
Total: J $100,000 1 $100,000
CITY OF KENT
2013 - 2017 CONSOLIDATED PLAN
for
HOUSING AND COMMUNITY DEVELOPMENT
COMMUNITY' PARTICIPATION GUIDE
Working to Improve Your Community
Through the Use of Community Development Block Grant Funds
i HUD refers to this as the Citizen Participation Process
COMMUNITY PARTICIPATION GUIDE
The City's Role
The City of Kent receives an annual allocation of Community Block Grant funds through
the U.S. Department of Housing and Urban Development(HUD). CDBG funds are
administered through the City's Department of Parks, Recreation and Community
Services, Housing and Human Services Division. In accordance with federal guidelines,
CDBG funds are provided to projects that meet a national objective and carry out an
eligible activity. The amount available for allocation is based on a federally mandated
formula; therefore, the amount varies from year to year.
After funds are allocated by HUD, the City's ten-member Human Services Commission
evaluates and makes recommendations on funding requests. The Commission was
established in 1986 to serve as an advisory organization to the City Council. In addition
to making recommendations on funding requests,it helps set priorities, evaluates and
reviews funded human services agencies and responds to the City's actions affecting the
availability and quality of human services in Kent.
This Community Participation Guide includes information on how residents can assist the
City with the process of distributing CDBG funds and also contains information about
the role of the Housing and Human Services Division in administering funds.
SOURCES, USE AND ADMINISTRATION OF FEDERAL AND LOCAL FUNDS
Funding Sources
• CDBG: CDBG is a federal program that is administered by HUD.
• General Funds: In addition to CDBG funds, the City uses local funds;i.e. general
funds, to address human services needs. General Funds are administered
through the City's Housing and Human Services Division.
How CDBG Is Used
CDBG applications are received from the community and subjected to a screening
process. After a screening process, the City uses 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 target? The City has
five(5)funding targets,which are as follows:
• Meeting Community Basics: Ensuring that people facing hardship have
access to resources to help meet immediate basic needs.
• Increasing Self-Reliance: Helping individuals break out of the cycle of
poverty by improving access to services and removing barriers to
employment.
• Strengthening Children and Families: Providing children, youth and
families with community resources needed to support their positive
development,including early intervention&prevention services.
• Building a Safer Community: Providing resources and services that reduce
violence, crime, and neglect in our community.
• Improving Health and Well-Being. Providing access to services that allow
individuals to improve their mental and physical health, overall well-being,
and ability to live independently.
• Improving and Integrating Systems: Leading efforts to ensure that human
services systems meet demands and expectations by increasing capacity,
utilizing technology, coordinating efforts, and sharing resources.
2. In addition, the City ensures that projects meeting one of the five funding targets
address one of the following CDBG objectives: (1)provide a suitable living
environment; (2)provide decent housing; and(3)provide economic opportunity.
3. Is the service or need an eligible activity?
4. 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. Over the five-year
period of the Consolidated Plan, all CDBG funds were used exclusively to meet
the national objective of benefiting low/moderate-income persons.
CDBG has been used for a myriad of activities to benefit low/moderate-income
members of the Kent community. The City reserves the full 20% that is legally allowed
for planning and administration and15% for public service projects. The remainder is
spent on capital projects. Project examples include the following:
• Providing nursing services to homeless individuals who reside in Kent-area
transitional and domestic violence shelters
• Providing shelter and case management services to homeless single women who
formerly resided in Kent
• Preventing homelessness by providing rent assistance grants to individuals
facing eviction
• Constructing a wheel chair ramp in the home of a disabled senior
• Constructing a new wall on a public facility that provides mental health services
to youth and their families
• Offering business classes and training to low-income women, people with
disabilities, and other under-served Kent residents to provide the skills to start a
micro-enterprise business
OPPORTUNITIES FOR COMMUNITY PARTICIPATION
Several opportunities exist for Kent residents, community members and stakeholders to
partner with the City to help it decide how to invest CDBG funds. Community
participation falls within the following five categories:
1. Planning
The City has written plans that outline its housing and community development
needs,priorities, and which programs it intends to invest in to address those needs.
The plans are updated periodically; Kent residents and stakeholders are invited to
participate in their development. This Guide contains information on who to contact
to request a free copy of the plans.
2. Public Meetings
In developing the Consolidated Plan and Annual Action Planz (hereinafter referred
to as the Plan, the City holds a series of meetings to discuss and solicit input from the
public. People of Color and organizations working with or who have contacts with
ethnic/racial minorities,non-English speaking persons, Limited English-speaking
persons (LEPs), and people with disabilities are encouraged to participate. In
addition,focus groups and/or surveys are conducted with these groups.
3. The Application Process
If sufficient funding is available to open up the application process,workshops are
held each spring to generate funding proposals and to inform non-profit and public
organizations that they may submit funding proposals to the City. City staff offer
technical assistance workshops to help organizations in the development of their
applications.
4. Public Hearings on Proposed Projects
After applications are reviewed by the Human Services Commission, projects are
selected and the Commission makes funding recommendations to the City Council.
An initial draft of funding recommendations is released to the public. In addition,
the Plan is posted on the City's website along with a public notice inviting Kent
residents and stakeholders to comment on the proposed plan. The public is given at
least 30 days to comment on the Plan. The Plan is posted in the City Clerk's Office,
and in the Housing&Human Services Office. Public hearings are held in the Fall
and both oral and written comments on proposed projects that are submitted within
the 30-day comment period are considered prior to final City Council approval.
5. Substantial Amendments
Substantial amendments to the plan will be published and distributed in the same
manner as outlined above. A"substantial amendment" is defined as:
• any proposed change in the use of CDBG funds that exceeds 10% of the total
annual entitlement;
• any change in the purpose, a major change in the scope of an activity, or a
change in the beneficiaries; and
• the addition of a new activity or deletion of an approved activity.
It is left to the discretion of the Human Services Commission and Human Services
Division staff to decide whether a change constitutes a substantial amendment.
6. Annual Performance Report to the Community
The City continuously reviews the performance of funded projects and makes an
annual report to the City on these projects. In addition, the City reports on its
overall progress in meeting the goals and strategies outlined in its five-year
Consolidated Plan.
CDBG CALENDAR-ESTIMATED DATES
z The City also follows the Community Participation Guide when developing its Fair Housing
Plans.
March CDBG& General Fund
application workshop
April Release applications
April Technical assistance
April Applications due
June Commission
recommendations
July Applicants notified that
they've been recommended
for funding
September Public Notice/Draft Action
Plan or Consolidated Plan
released3
September -October 30-Day public comment
period
October Public hearing
November City Council Adoption of
the Action/Consolidated
Plan
Action Plan is released annually and the Consolidated Plan is released every five years.
COMMUNITY PARTICIPATION GUIDE
CONTACT INFORMATION
Mailing Address:
City of Kent
Parks, Recreation& Community Services Department
Division of Housing and Human Services
220 Second Ave.South
Kent,WA 98032
Physical Address:
Kent City Hall,3rd Floor
220 Th Ave.South
Kent,WA 98032
Katherin Johnson, Housing and Human Services Manager
Dinah Wilson, CDBG Coordinator
Christine Cain, Home Repair Program Assistant
Contact Number: 253-856-5070
KENT Agenda Item: Consent Calendar — 7N
TO: City Council
DATE: March 18, 2014
SUBJECT: Goods & Services Agreement with TMG Services, Inc. for Chlorination
Equipment for Kent Springs - Approve
MOTION: Authorize the Mayor to sign a Goods and Services Agreement with
TMG Services, Inc. for purchase of chlorination equipment in an amount not
to exceed $22,499.00 subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: Chlorine is used to kill bacteria and other microbes in the drinking water
supply. The chlorination equipment at our Kent Springs source is reaching the end of
its service life and needs to be replaced. This purchase would include equipment
similar to that used at our other four chlorination sites, which would reduce the
amount of repair parts maintained in stock. The purchase from TMG Services is for
parts only; Water staff will complete the installation of equipment.
EXHIBITS: Goods & Services Agreement with TMG Services, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Fincher — Higgins - Ralph NAY:
BUDGET IMPACTS: There is no unbudgeted fiscal impact as this cost was planned;
the ($22,499.00) would come from the Water Utility capital budget.
This page intentionally left blank.
GOODS & SERVICES AGREEMENT
between the City of Kent and
TMG Services, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and TMG Services, Inc. organized under the laws of the
State of Washington, located and doing business at 3216 East Portland Avenue, Tacoma, WA
98404, Phone: (800) 562-2310/Fax: (253) 779-4165, Contact: Mary Gazdik (hereinafter the
"Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
The Vendor shall provide two automatic chlorinators, two chlorine injectors, and
two automatic switchover vacuum regulators for one-ton chlorine containers for the
City's Kent Springs water facility. For a description and Vendor's quote, see Exhibit
A which is attached and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by June 30, 2014.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty
Two Thousand, Four Hundred Ninety Nine Dollars ($22,499.00), including applicable Washington
State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The
City shall pay the Vendor the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
The Vendor shall be paid after delivery of chlorination equipment.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor 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.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor 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.
XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor 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.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor 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.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
XIV. 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 XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. 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.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Mary Gazdik Timothy J. LaPorte, P.E.
TMG Services, Inc. City of Kent
3216 East Portland Avenue 220 Fourth Avenue South
Tacoma, WA 98404 Kent, WA 98032
(800) 562-2310 (telephone) (253) 856-5500 (telephone)
(253) 779-4165 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
7MG Services-Chlotlnetlon Equip/Bauer
GOODS & SERVICES AGREEMENT 7
(Over$10,000.00, including WSST)
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 of 3
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
EXHIBIT A
Scope of work:
Vendor shall provide to the City of Kent two automatic chlorinators, two chlorine
injectors, and two automatic switchover vacuum regulators for one-ton chlorine
containers, in an amount not to exceed $22,499.00 including sales tax. For a
detailed description of the scope of work, see the vendor quote which is attached as
Exhibit A and incorporated by reference into this agreement.
3216 E Portland Avenue
Quality Products- Excellent Service Tacoma, WA 98404
"TMIG253-779-4160
SERVICES tmginc@tmgservices.net
January 17, 2014
Ron Halverson
Kent, City of-Water
220 Fourth Avenue S.
5821 South 240th
Kent, WA 98032-5985
Reference: Wallace and Tiernan Clorinators
i
Dear Ron:
The quote includes two automatic chloinators and injectors and one pair of switchover vacuum regulators
for ton containers.Current lead time is 4-6 weeks.
i
1 Wallace and Tienan VI OK Chlorinator
-25 PPD Rotameter
-SFC-PC Controller
-Panel Mounted
1 Wallace and Tienan VI OK Chlorinator
-50 PPD Rotameter
-SFC-PC Controller
-Panel Mounted
1 Pair Wallace and Tiernan Vacuum Regualtors
-Auto Switchover
-200 PPD
-Heater and Drip Leg
2 Wallace and Tiernan %" Injectors
-Nozzle ?
-Tailway?
PRICE: $18,611 (Includes Freight)*
*Does not include Installation or Start-up
Terms&Conditions of Sale:
-F.O.B.: Kent,WA
-Payment Terms: Net 30 Days
-This price is in effect for 60 days. '..
-Submittals, if required,will be provided 2 weeks after receipt of all technical data at T M G Services.
-Delivery will be made in approximately 4 weeks after receipt of order and/or approvals and resolution of all necessary technical '..
data at T M G Services.
-Quotation prices do not include any sales taxes or any other taxes that may apply.
-This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed.
Sincerely,
T M G SERVICE'S, INC.
Dean Brown
"SIEMENS Siemens Water Technologies, LLC. 10300 Suncrest Drive
Brian F. Shugrue Leavenworth, WA 98826
Regional Sales Manager, Western USA PH: 509-548-6408
FAX: 509-548-2382
brian.shuorue(�siemens.corn
August 1, 2013
To Whom It May Concern:
This is to confirm that TMG Services is the exclusive authorized Manufacturer's Representative
for Siemens Wallace &Tiernan products in the States of Washington, Oregon, Idaho, Montana
and Alaska.
Brian Shugrue
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $2,000,000 per
accident.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
This page intentionally left blank.
KENT
Agenda Item: Consent Calendar — 70
TO: City Council
DATE: March 18, 2014
SUBJECT: Kent Regional Trails Connector Project Grant - Accept
MOTION: Move to recommend Council accept a federal grant in the amount
of $1,125,368 for the Kent Regional Trails Connector Project and direct staff
to establish a budget for the funds to be spent within the Kent Regional
Trails Connector Project subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: The Public Works Department competed for and was successful in
obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project.
This project will construct a new, east-west, multi-use trail connecting the existing
Green River Trail to the Interurban Trail. The trail location will be adjacent to the
Green River Natural Resources Area and will include the installation of rectangular
rapid flashing beacons at 64th Avenue and 72nd Avenue and a new "HAWK" signal at
the crossing of West Valley Highway. A new, non-motorized bridge will be constructed
across Mill Creek on the east end, connecting to the Interurban Trail.
EXHIBITS: Washington State Department of Transportation Local Agency Federal Aid
Project Prospectus #CM-0615(008) and WSDOT Local Agency Agreement #LA 81 28
RECOMMENDED BY: Public Works Committee
YEA: Fincher — Higgins - Ralph NAY:
BUDGET IMPACTS: Funding for this work will be provided by the Federal Highway
Administration ($1,125,368.00) which requires a 13.5 percent local match of
$176,635. The City's funding match will be provided through Parks' Trails and Open
Space funding that comes to the City via King County.
This page intentionally left blank.
AOL
Washington State ecal Agency Federal Aid
Department �ff �n��®�tatt®n 5. Project Prospectus
Date 5/9i2013
Prefix Route
Federal Aid \ Central Contractor
Project Number tst�A— Registration Exp.Date
Local Agency / WSDOTI Federal Employer
P )roject Number `Use only Tax ID Number 91-6001254
Agency Federal Program Title
CITY OF ICENT N 20.205 ❑ Other
Project Title Start Latitude N4.7.402423 Stan Longitude W 122.254867
KENT REGIONAL TRAILS CONNECTOR
End Latitude N47.406744 End Longitude _W 122.242169
Project Termini From--To Nearest City Name Project Zip Code
S.224th St&64th Ave S S.218th St&73rd Ave S. KENT 98032
From: To: Length of Project Award Type '....
64th Av S. Interurban 0.84 miles N Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number County Name I WSDOT Region
❑ FHWA N Others STP/CMA 0615 17 KING Northwest Region _
Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO
8 &9 11, 33 and 47 I
Total Local Agency Phase Start
Phase Estimated Cost Funding Federal Funds Date
Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year
P.E. $247.566 ! $34 286 $213,280 6/2013
RNV
$0 �'� $0 $0_ na
Const. $1 054 437 _ _ $142 349 $_912,088 3/2014
Total $1,302.003 $176,635 $1125,368
Description of Existing Facile Existing Design and Present Condition
Roadway Width Number of Lanes
12 foot wide multi-use trail Not applicable
Both the Interurban Trail and the Green River Trail are used by thousands of people each year,but they are both north/south
corridors in Kent, with no opportunities to transfer from one trail system to the other, except by using the bike facilities in the
street or on sidewalks.
Descrip tit5n 2f P�sed Work
Description of Proposed Work(Attach additional sheet(s) if necessary)
The Kent Regional Trails Connector Project will expand the pedestrian and bicycle network by connecting two regional hails
within the City's street network. An approximately 4,430 long foot hail extension wilt be built comrecthng the Green Rivet-Trail
and the Interurban Trail. This 12-foot wide multi-use trail will include trail lighting, Rectangular Rapid Flashing Beacons,and a
new"HAWK"(a high intensity pedestrian activated crosswalk)Katlic signal to encourage year-round use and promore safe
crossings of city sheets.
Local Agency Contact Person Title - Phone
Mark Howlett Design En ineering Managc_r 253-856-5523
Mailing Address City State Zip Code
400 West Gowe St. Kent —AA-1 98032
Project Prospectus Approval ✓ " Approving Authority 1
L Title Director of Public Works Diat' j f'
DOT Form 140-101 EF Page 1 of 3 0 Previous Editions Obsolete j,
Revised 11110
Agency Project Title Date
CITY OF KENT KENT REGIONAL TRAILS CONNECTOR 5/9/2013
Type of Proposed Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
® New Construction ® Path /Trail ❑ 3-R 12 foot not applicable
❑ Reconstruction ❑ Pedestrian / Facilities ❑ 2-R
❑ Railroad ❑ Parking ❑ Other
❑ Bridge
Geometric Design Data
Description Through Route Crossroad
❑ Principal Arterial ❑ Principal Arterial
Federal ❑ Urban ® Minor Arterial ❑ Urban ® Minor Arterial
Functional ❑ Collector ❑ Collector
❑ Major Collector ❑ Major Collector
Classification ❑ Rural ❑ Minor Collector ❑ Rural ❑ Minor Collector
❑Access Street/Road ❑Access Street/Road
Terrain ® Flat ❑ Roll ❑ Mountain ® Flat ❑ Roll ❑ Mountain
Posted Speed n/a n/a '..
Design Speed n/a n/a
Existing ADT n/a n/a
Design Year ADT n/a n/a i
Design Year ma n/a
Design Hourly Volume(DHV) n/a n/a '...
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
City of Kent % 100
Construction Will Be Performed By Contract Agency
Contractor 100 % ! %
Environmental Classification
❑ Final ® Preliminary
❑ Class I- Environmental Impact Statement(EIS) Class II- Categorically Excluded ICE)
❑ Project Involves NEPA/SEPA Section 404 Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III-Environmental Assessment(EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
The trail improvements will be constructed along the surfaces of existing right of ways. Pervious asphalt is proposed along
sections of the trail adjacent to environmentally sensitive areas. The installations of the Rectangular Rapid Flashing Beacons,
marked crosswalks,traffic signals for pedestrians on West Valley Highway(SR 181), and a pedestrian bridge installed across
Mill Creek will be the bulk of the physical construction associated with this project.
DOT Form 140-101 EF Page 2 of 3
Revised 11/10
Agency Project Title Date
CITY OF KENT KENT REGIONAL TRAILS CONNECTOR 5/9/2013
Right of Way
® No Right of Way Required ❑ Right of Way Required
All construction required by the
❑contract can be accomplished No Relocation ❑ Relocation Required
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
The trail will be constructed along the surface of the existing right of way, so no relocation of existing major
structures is anticipated. Should some existing utility structures be encountered, sufficient room exists to move the
trail in order to avoid conflict. Minor,adjustment to the rims of existing underground structures is expected.
Placement locations for the traffic signal pole and flashing beacon bases can be adjusted to avoid possible conflicts
with any existing structures.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and
is not inconsistent with the agency's comprehensive plan for community development.
Agency City Of Kent i
Date By
!I Mayor/Chairperson
DOI Form 140-i01 EF Pagc 3 of 3 Previous Edltinns Obsolete
Revised 11/10
This page intentionally left blank.
r n i „apl
i I4arlo Palk
Olympia, niv 9350d-7300
Oynn Peterscn 360-705-7000
Secretary of Transportation T iY:t-coo-a33-6338
vdshw.msdoi:a,._gov ',,.
June 27, 2013
Mr. Tim LaPorte
Public Works Director
City of Kent
220 Fourth Avenue South
z
Kent, Washington 98032-5838
City of Kent
Kent Regional Trails Connector
CM-0615(008)
FUND AUTHORIZATION
Dear Mr, LaPorte:
We have received FHWA fund authorization, effective June 24, 2013, for this project as
follows:
PHASE TOTAL FEDERAL SHARE
Preliminary Engineering $247,566 $213,280
Enclosed for your information and file is a fully executed copy of Local Agency Agreement
LA-8128 between the state and your agency. All costs exceeding those shown on this
agreement are the sole responsibility of your agency.
FHWA requires projects utilizing federal funds for preliminary engineering or right of way to
advance to construction. Tf this project is unable to proceed to construction, any expended
federal funds must be repaid.
W SDOT authorization to proceed with right of way and/or construction is contingent upon
receipt and approval of your environmental documents.
You may proceed with the administration of this project in accordance with your W SLOT
approved Certification Acceptance agreement.
Sincerely,
Stephanie Tax
Manager, Program Management
Highways& Local Programs
ST:jg:ac
Enclosure
cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NE82-121
VrWashington Mate
Af Department off Transportation L®CalY Agency Agreement
Agency City of Kent CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 220 - 4th Ave. S. ' "�
Project No. _ _ r "jam. _
Kent, Washington 98032 Agreement No. AA
_
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation, and (6)the federal aid project agreement entered into between the
State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on '....
tine r, column 3, without written authority by the State, subject to the approval of the Federal I Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name (Cent Regional Trails Connector Length 0.84 miles
Termini From PSE Trail and 64th Ave. S. to S. 218th St. and Interurban Trail
Description of Work
The Kent Regional Trails Connector Project will expand the pedestrian/bicycle network,cormecting two regional trails
within the City's street network. An approx. 4,430 foot trail extension will connect the Green River and Interurban
Trails. This 12-foot wide multi-use trail will include trail lighting, Rectangular Rapid Flashing Beacons,and a new
"HAWK"traffic signal,to encourage year-round use and promote safe crossings of City streets.
Estimate of Funding
Type of Work (�) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds I Funds Federal Funds
PE a.Agency
86.5_ % b. Other Federal on 246 566.00 _ 33,28 213.280.00
c. Other
Federal Aid d. State _ 1,000.00 1,000.00
Participation -___—._ _._--_ --. .. _ -_.-
Ratio for PE e. Total PE Cost Estimate L+b+c+d 247 566.00 34 286.00 213 280.00
Right of Way f. Agency__
0 % _g._Other
Federal Aid —---__--h. Other
Participation i. State
Ratio for RW _j. Total R/W Cost Estimate L+po-h+l)
Construction k Contract
I. Other
m Other _
n. Other
o. Agency
Federal Aid p State
Participation
Ratio for clv ...c.Total CN Cost Estimate(k+l+m+n+o+
r. Total Project Cost Estimate(e+j+ql 247 '566.00 34286.001 213 280.00
Agency Offi6 al",F, -, Washington State ep tment of Tranflr'portation
By By
�f
Title T)u estm of PuhIic_WP[lts Director of Highways and Local Progi arn�
g �1UN '2s`01�a
a g f? j_� Date Executed _
DOT Form 140-039 EF 'I
Revised 09/2011
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
❑ Method B-Withhold from qas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
® Method C-Aoencv cost incurred with oartial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as
a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set
.forth below. Adopted by official action on
Resolution/Ordinance No,
Provisions
1. Scope of Work
The Agency shall provide all the work,labor,materials, and services necessary to perform the project which is described and set forth in detail in
the`Project Description"and"Type of Work." '.......
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Ifighway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project The Agency agrees that the State
shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid
reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the Stale will further act for the Agency in
all matters contenting the project as requested by the Agency,If the Local Agency advertises and awards the project,the State shall review the work
to ensm e conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work j
above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised
and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications,and
federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by Slate forces upon the project
will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls
and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local
government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the
Washington State Department of 1'ransportation.The records shalt be open to inspection by the State and Federal Government at all reasonable times
and shalt be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds
to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State
for each classification.The classifications of work for projects are:
1.Preliminary engineering.
2.Right of way acquisition.
3.Project construction.
In the event that right of way acquisition,or actual construction of the road,for which preliminary,engineering is undertaken is not started by the
closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of
federal funds paid to the Agency under the terns of this agreement(see Section IX),
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will
conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,even though such additional
work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages
relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the
contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the
Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFIt 225 and Office of
Management and Budget circulars A-102 and A-133. 'I he State shall not be ultimately responsible for any of the costs of the project. The Agency
shall be ultimately responsible tot all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this
agreement shall be construed as a promise by the State as to the amount or nature of federal participation In Ihis project.
DOT Fonn 140-039 EF 2
Revised 03/2011
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall
minimize the time elapsed between receipt of federal aid fiords and subsequent payment of incurred costs. Expenditures by the Local Agency for
maintenance,general administration, supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CAR 225 - Cost Principles for State, Local, and Indian Tribal Government, and
retained for audit.
The State will pay for State incurred costs on the project.Following payment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the
Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of
the Agency's share of the total construction cost based on the contract award. The State will notify,the Agency of the exact amount to be deposited
with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such
payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is
substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the
amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency.
Method B— The Agency's share of tine total construction cost as shown on the face of this agreement shall be withheld iiom its monthly fuel tax
allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each
month.The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the
contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings.
Method C—'The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate,not more than once per month for
those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project-Expenditures
by the Local Agency for maintenance, general administration,supervision, and other overhead shall not be eligible for Federal participation unless ,
claimed under apreviously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the
time of audit,the Agency will provide documentation of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid
costs on the project. The report of said audit shall he in the Agency's files and made available to the Stale and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of tine United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection,and Agreement Administration; memoranda of understanding between WSDOT and FIIWA; and Office of Management
and Budget Circular A-133, '..
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, (he Agency shall reimburse
the State for the amount of such overpayment or excess participation(see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as welt as all !,
applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or moic in federal awards from all sources during a
given fiscal year shall have a single or program-specific, audit performed for that year in accordance with the provisions of OMB Circular A-133.
Upon conclusion of the A-133 audit,the Agency shall be responsible for ensming that a copy of the report is transmitted promptly to the Slate.
IX. Payment of Milling
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work, project
cancellation, overpayment, cost ineligible for federal participation,etc.) is not made to the State within 45 days after the Agency has been hillcd,the
State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of highways and Local
Programs-
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals, or markings not
in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense,maintain
the improvement covered by this agreement.
XI. indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process arid defend at its own expense all claims, demands,
or suits,whether at law or equity brought against(he Agency,State,or Federal Government, raising from the Agency's execution,
DOT Form 140-039 LF 3
Revised 0912011
performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or
arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to
reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted
contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all neuessary,
and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and
agreements. The WSD0'1's I)BE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to cant'out its approved program, the Department may impose sanctions as provided for under Paul 26
and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1996(31 U.
S.C.3801 etseq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained firm
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or
understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for
Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided,that if the applicant so participating is a Stale or Local Government,the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees: '.....
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretory of Labor pursuant to Part II,subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following
actions:
(a) Cancel,terminate,or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failme or refusal
occurred until satisfactory assurance of future conlpl iance has been received from the Agency;and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CPR Part 635. Subpart 127, as supplemented; relative to the amount of
Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure
to include liquidated damages provision will not relieve(lie Agency from reduction of federal participation in accordance with this Inn ag aph.
XIV. Termination for Public Convenience
the Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part,
whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense, or an Executive Order of the President at Governor of the State with respect to the
preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or pennanent restraining order of a
court of competent jurisdiction where the issuance of such order is primarily caused by the acts m omissions of persons or agencies other than
the contractm.
(4) The Secretary determines that such termination is in the best interests of the State.
XV. Vonue for Maims and/or Gauzes of Action
For the convenience of the parties to this contract, it is agreed that anv claims and/or causes of action which the Local Agency has against the
State of Wasiington, growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston
County.
DOT Form 140-039 EF 4
Revised 09/2011
;.VL Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
'fhe approving authority certifies,to the best of his or her knowledge and belief,that:
(1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting
to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member '.
of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan,the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan. or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants,acid contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all
such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission _
of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Additional Provisions
DOT Form 140-039 FF- 5
Revised 0912011
KENT
Agenda Item: Consent Calendar - 7P
TO: City Council
DATE: March 18, 2014
SUBJECT: Consultant Services Agreement with Tetra Tech, Inc. for 2014 Lakes
Water Quality Monitoring - Approve
MOTION: Authorize the Mayor to sign a consultant services agreement with
Tetra Tech, Inc. in an amount not to exceed $24,432.97 to monitor and
analyze surface water quality conditions and aquatic weeds in Lake Fenwick
and Lake Meridian during 2014, subject to terms and final conditions
acceptable to the City Attorney and the Public Works Director.
SUMMARY: Lake Fenwick and Lake Meridian are listed on the 303d list (the nation's
list of "impaired waters" compiled by the State Department of Ecology and the
Environmental Protection Agency) for a number of water quality parameters.
The City has enacted a number of measures to improve water quality at both lakes
including: Constructing stormwater treatment measures and requiring them on private
systems; educating residents about ways to reduce polluted runoff (e.g. natural yard
care and car washing); and in the case of Lake Fenwick, installing an in-lake aeration
system and introducing weed-eating fish (Grass Carp) to reduce non-native aquatic
plants. More improvements are proposed in the near future including increasing the
capabilities of the aeration system and treating Lake Fenwick with non-toxic, algae-
inhibiting chemicals.
Water quality and aquatic weed monitoring and analyses need to occur in order to
direct our management actions, to assess progress in improving water quality and in
meeting standards and to ensure safe conditions for swimming and fishing. This
contract will assist staff by providing the expert help and specialized equipment
necessary to accurately assess lake conditions.
EXHIBITS: Consultant Services Agreement with Tetra Tech, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Fincher - Higgins - Ralph NAY:
BUDGET IMPACTS: No additional unbudgeted funds will be required. The contract
will be paid through the Stormwater Utility Fund.
This page intentionally left blank.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Tetra Tech. Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of
Washington, located and doing business at 1420 5th Avenue, Suite 550, Seattle, WA 98101,
Phone: (206) 838-6261/Fax: (206) 728-9670, Contact: Harry Gibbons (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall monitor environmental conditions at Lake Fenwick and Lake
Meridian. For a description, see the Consultant's Scope of Work which is attached
as Exhibit A and incorporated by this reference.
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. Consultant
shall complete the work described in Section I by May 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Four Thousand, Four Hundred Thirty Two Dollars and ninety seven
cents ($24,432.97), 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 within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. 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.
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
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
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.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
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 or created 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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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
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
the City and Consultant.
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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The 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. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. 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: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Harry Gibbons Timothy J. LaPorte, P.E.
Tetra Tech, Inc. City of Kent
1420 5th Ave., Suite 550 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
(206) 838-6261 (telephone) (253) 856-5500 (telephone)
(206) 728-9670 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Tet a Tech-2014 Lakes Monitoring/Knox
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
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.
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
For
2013 Water Quality Monitoring
Lakes
Fenwick and Meridian
February 12,2014
Prepared for:
City of Kent
Prepared by:
Tetra Tech, Inc.
1420 5th Avenue, Suite 550
Seattle, WA 98101
Attn: Harry Gibbons
206.838.6261
Scope Overview
The City of Kent with the aid of Tetra Tech (Tt) has been monitoring the environmental
conditions at Lake Fenwick and Lake Meridian. The following scope of work for 2014 is
a continuation of the monitoring efforts perfonned since 2006. The scope of work
describes the specific activities that Tt will perform in order to aid the City's continued
effort to collect water quality data from its lakes for 2014.
The primary goals of this project are to:
1) Continue to collect baseline data for amoral assessment of the lakes' enviroranental
health and to provide a long-term database for potential management decisions in the
fahue. said
2) Provide compliance monitoring data for Lake Fenwick in support of the current TMDL
listing for phosphorus.
i
Therefore, the specific objective of this scope of work is to collect data from each of the
two lakes on phosphorus, temperature, dissolved oxygen (DO), pII, Secchi disk,
chlorophyl] a (chl a), and phytoplankton. Additionally at the City's request, sampling at 2
public beaches will be conducted on Lake Meridian. The collected dataset will be
suramaiized and a detailed assessment made as to the overall condition of the lakes for
2014. A specific scope of work is outlined below. Cost estimates for these tasks are
included.
This scope of work is for the cost associated with the collection of the samples orrly and
does not reflect any laboratory analysis. It is assrmred that all laboratory analysis will be
paid form fiill by the City. Transporting of the samples to the appropriate laboratory will
be provided by Tt and is included within this estimate. Allowing the City to directly pay
for the laboratory analysis is expected to save the City in direct fixed costs associated with
the monitoring of the proposed sites.
i
I
Detailed Work Tasks:
Task 1: Project Management
L l Tt will prepare monthly invoicing.
L2 Tt will perform monthly QA/QC analysis of field and laboratory data to
ensure the on-going validity of the collected data.
Deliverables:
• Monthly invoices
Task 2: Monitoring
Described below are the specific sampling tasks that will occur during the 2014
monitoring period. Sampling events will occur on or approximately on the following
dates:
May - 14
June - 11
July - 16
August-13
September -10
October - 15
November- 12
The following tasks will be performed during each sampling event:
Lake Meridian Monitoring
During each sampling event listed above water quality samples will be
taken at the deepest point of the lake at a depth of 1 meter below the lake
surface. The water sample will be analyzed for TP (total phosphorus), chl
a, and phytoplankton. Water transparency will be determined with a
Secchi disc on each sampling occasion. DO, pH, and temperature will be
determined at meter depth intervals on each sampling date. On one
sampling event, in September, additional samples will be collected for TP
and chl a analysis at mid depth and 0.5 meter above bottom sediments.
Lake Fenwick Monitoring
In-lake activities at Lake Fenwick will include water quality samples
taken during each sampling event listed above at the deepest point of the
lake at a depth of 1 meter below the lake surface and 0.5 meters above
bottom sediments for TP and chl a. Additionally, phytoplankton will be
collected at 1 meter below the lake surface once per month on the
proposed sampling dates. Water transparency will be determined with a
Secchi disc on each sampling occasion. DO, pH, and temperature will be
determined at meter depth intervals on each sampling date.
i
Fenwick Inlet Monitoring
The outflow from the Fenwick Wetland is Lake Fenwick's largest inflow
source other than direct precipitation and is delivered to Lake Fenwick
via an inlet channel on the west side of the park Water quality samples
will be taken during each sampling event listed above within the inlet
channel to Lake Fenwick for TP. When possible (depending on water
depth), flow will also be taken in this channel using a Marsh McBirney
Flo-Mate 2000 and USGS top-setting wading rod.
Lake Meridian Swimming Beaches
As a continuation from previous monitoring efforts if request by the City,
Fecal Coliform(FC) samples will be obtained from two designated sampling
locations within the swimming area at Lake Meridian. 'the events will
coincide with designated sampling dates in late July through early September
(July I Irh,August 0", and September 10"). A total of 6 FC samples will be
collected and analyzed.
Assmmiptions:
• Laboratory testing will be performed at Aquatic Research, Inc, and will be paid for
directly by the City. Phytoplankton samples will be analyzed at Water Envlrornnental
Services, Inc, and will be paid for directly by the City. It will be responsible for
transporting the samples to the laboratories mentioned above. Tt wilt provide QA/QC of
the results from samples delivered.
Deliverables
• Water quality data collected during the sampling events listed in Task 4 will be sent
to the city in hard copy and electronic form(Included within Monitoring Report)
Task 3: Lake Fenwick Macrophyte Survey
"the introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred
in 2009. To document the effectiveness of grass carp, a detailed survey for mapping and assessment
of grass carp impact on macrophytes will be conducted in August. A Trimble GeoXH GPS Receiver
will be used to map the spatial extent of macrophytes within Lake Fenwick Species type and
abrmclance will be recorded. The results of the survey, the comparison, and detailed mapping of the
macrophytes will be summarized in'the technical memorandum detailed in Task 4.
Deliverables:
• GIS Shapefiles of macrophyte mapping
Task 4: Water Quality Technical Memorandum
To determine if water quality trends exist, a technical memorandum presenting the data in tabular
and graphical form will be prepared. An assessment of the water quality for 2014 for the sites listed
in Task 2 and 3 will be included in this memorandum. Water quality and phytoplairkton data (•om
2014 will be assessed in the context of similar monitoring data from 2006 through 2013 to
i
determine if trends exist. This assessment will highlight observations and conclusions learned from
previous monitoring results acid focus on the interrelationships between water quality parameters
and phytoplankton production and species community structure. It will also identify potential
environmental risks to water quality or problems that require management response for each
lake.
i
Deliverables:
• Technical memorandum presenting the data in tabular and graphical form and relative
assessment of water quality for 2014 will be prepared. The memorandum will include
data collected by'1't. Two hard copies and one compact disk will be submitted.
Task 5: Record Water Levels
Tetra Tech will continue to maintain data loggers at the inlet(outlet of the wetland) to Lake
Fenwick and the lake itself near the Park Dock in order to collect information on temperature and
water levels.
In order to obtain outlet flow information at Lake Fenwick, a survey of the outlet channel will be
needed. Tt requests that the City provide survey points that will to include X/Y/Z coordinates
and can be delivered in either a CSV data file or an ESRI shapefile with all relevant survey
datums and coordinate systems specified. This survey should include detailed cross sections
across the outlet channel as close to the lake as possible and progressing down the outlet channel
to the south. Two or three sections within the first 100 feet oP the channel and another section
400-500 feet downstream would be best. Ideally, the survey should include a cross section (This
can be one of the 2-3 sections mentioned above) of the channel at its hydraulic control point or
the "tipping point" where the lalce level is high enough that water begins to flow out through the �
channel. It is important to take these sections up past any visible high water marks in the
vicinity on both sides of the channel to maximize the accuracy of any flow data subsequently
derived from this survey. Also, as part of this survey, a stream thalweg profile extending 500 feet
dowrrstrearn of the lake in 50-foot increments (i.e. 10 points) should be collected to determine
the typical slope for the outlet channel as well.
The survey should also include multiple water surface elevation(WSE)points around the edge of
the lake near the outlet, as well as near the lake level logger near the boat launch in the middle of
the park. These will serve as control points to link the level logger data for the day with the
survey data, and thus provide a way to measure the outlet flow in the channel using the lake level
logger data.
j
4 Tetra Tcch, Inc.
In summary:
• 2-3 sections within the first 100 feet of the stream channel, one of which is taken at the
"tipping point" of the stream channel; 1 section 400-500 feet downstream of the
beginning of the channel; Take sections up past high water marks on both sides of
channel;
• Strewn profile with points every 50 feet for 500 feet downstream along the thalweg;
• Multiple water surface elevation points near the stream inlet and near the lake level
logger the same day as the stream survey.
Data will be downloaded at the time of sampling and recorded ror water, TY budgets and
modeling.
Deliverables
• Hourly water level data for lake, inlet
2/12/2014
i
TETRA TFCD,NC. Surface Water Group _ _... ) Fee Estimate
;
C1'EY OP RUNT
)VA'1'FL2 QUALITY Il'ION ITORING FEEESl'NIAM
Principal 1'rolocl L m
a m Lab
r n kicld A:hn 'law Totnl or
ental Technician*
Scientist Scientist Dn 'n - Srpport Hems with OH
Direct Labor+OH +prpfit• S222.51 $16].13 $10'15 S77.25 W OD
7 T
4 Deacriprinn
I Plujocl Manancmmrt 2 2 6 10 $1,d 11.98
2 Ivfonitoriny 2 2 4 128 136 S11,08908
3 Lake I'm....k lvlacmphyte S:alev 4 16 20 $2,126.04
4 TcclutioalVerLdum 4 4 24 Ifi 2 50 $'5,425,36
5 Collect WatermoLm Ns t 10 16 27 $2513,01
1'otnl La bur 13 8 44 1i6 2 243 S22,565.47
°Picas e rate tall e below for DJW
_..- MATERIALS
Ducrip[fon Unit 1 Unit Cost Quantity Coal Notes
---.. ilycholab day I S80.00 7 $560.00
- Secchi Disk day $5.00 7 $35.00
Boat Rental day s50.00 '/ $350.00
Data Recorders far wxt er level - month $25.00 14 $350 00
_.... ceS Rcntat day $Iln.00 1 $11000
- TOTAL MATERIALS: $1,405.00
- -� RGPRODUCl'ION
Description L-it I/;nit Cos[1 Quantity Cost Votes
Nlorrtorir,rport and technic,menus pg $0.10 )DU $50.00
TD TAL REPRO:': $50.00 '..
_. (RAVEL
Description unrf I Unit Cost Qrmtity Cnst Notes
Mileage miles $0.550 750 1 $41250 JGS aarczgeraw
TOTAL UULV EL: $412.50
TO TALCO ST. $24,432.97
I
Labor Rate Table
"H1arR-op -Tabor,
;Staff/Labor Class DJR 'I (ovencca� Rate
Harry Gibbons/Principal Scientist 74.17 3 $222 51 I
Robert Plotnikoff/ProJ ect Scientist 55.71 3 $16713 i
-Shannon Brat telxi/Lnvixonmental Hbgmcer 3515 3 $lOc.45
-
AdamHaines/b'ield Technician" 3057 3 $ 9171 f
Jessica Rliyard/Field 1 echmcian^* 22.44 3 $ 67.32 j
Renec Vandeimause/Field Teclinicran** 24.24 3 $ 7272 j
**Field Technician rate of$77.25 blended bo weri j
Adani,dessica,and Renee;use torn of three on a
`given dale '
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
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.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the 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.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
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 and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
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 Contractor 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 - 70
TO: City Council
DATE: March 18, 2014
SUBJECT: Panther Lake Substation License Agreement - Authorize
MOTION: Authorize the Mayor to sign the First Amendment to Shopping
Center License Agreement with PK I Panther Lake LLC, for the rental of
space in the Panther Lake Shopping Center for a three year term to be used
as a police substation, and subject to final agreement of terms and
conditions acceptable to the Police Chief and City Attorney.
SUMMARY: The city of Kent has occupied space in the Panther Lake Shopping Center
since 2011 for use as a police substation. The license fee for the initial three-year
term was waived by PK I Panther Lake, LLC in exchange for the police presence
afforded to the community. This initial term is set to expire on March 18, 2014.
Therefore, the City must decide whether to continue with or vacate the substation
located in the Panther Lake Shopping Center.
The substation is conveniently located in a shopping center in the recently annexed
portion of the city. Although this First Amendment does require the payment of
monthly rent, staff believes the benefit afforded to both police officers and the
community by officers remaining in the field while still completing necessary
paperwork, outweighs the budgetary impact of the rental fee. Without the substation,
officers would be required to leave their sector and return to the main police
department to complete necessary paperwork before the end of their shift.
If approved, the First Amendment extends the license for an additional three-year
term and sets the first year's monthly rental fee as $754.83. This monthly rental fee
will increase annually by 3%. While this First Amendment provides for a three-year
term, the terms of the original License Agreement provide that the license may be
terminated, by either party, upon 30 days' advance written notice. Therefore, should
budgetary concerns arise in the future, the City will have the option to terminate the
license.
EXHIBITS: a) Shopping Center License Agreement - Panther Lake
b) Proposed First Amendment to Shopping Center License Agreement
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACTS: Approximately $800 per month rent - General Fund/Patrol
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Panther Lake Police Substation — Information Only
Information Only
SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding the
Panther Lake Police Substation.
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OTHER BUSINESS
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BIDS
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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
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EXECUTIVE SESSION
A. Property Acquisition and/or sale-
ACTION AFTER EXECUTIVE SESSION
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CITY OF KENT
City Council Meeting
Agenda
I�� mt U r rt
m
March 18, 2014
Mayor Suzette Cooke
Darla Ralph, Council President
Couneilr embers
Jim Berrios
Bill Boyce
Brenda Fir7cher
Dennis Higgins
Deborah Ranniger
w,
Les Thomas
homas C,-ry CLERK
y �
/ 'r
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KENT CITY COUNCIL AGENDAS
KENT March 18, 2014
w s v ro Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
*********************************************************************
COUNCIL WORKSHOP AGENDA
5:00 P.M.
Subiect Speaker Time
Councilmember Orientation Pat Mason, MRSC 30 min
Kent Branding Program Tom Brubaker/Ben Wolters 60 min
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. Danny and Julia Pierce Tribute
B. Public Recognition
C. Community Events
1. Adopt A-Street Program
D. Introduction of Civil Service Commission Appointee, Jeff Piecewicz
E. Introduction of Human Service Commission Appointee, Amelia Drake
F. Public Safety Report
G. Legislative Update
H. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshop — Approve
B. Payment of Bills — Approve
C. Appointment to Kent Civil Service Commission — Confirm
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. Appointment to Kent Human Service Commission - Confirm
E. Cumulative Contributions-Traffic School and Target Zero Teams Funds
— Accept
F. $15,000 State Farm Grant — Citywide Illegal Street Racing
Enforcement/Education Campaign— Accept
G. Ordinance Amending KCC 9.02 Correcting Code Sections for Menacing
and Lewd Conduct - Adopt
H. Ordinance Amending KCC 13.05.050 - Fireworks Penalty - Adopt
I. Boeing Company - Release and Cancellation of Sanitary Sewer
Easement — Approve
J. Boeing Company - Release and Cancellation of Public Turnaround
Easement — Approve
K. 2013 Consolidated Annual Performance Evaluation Report — Approve
L. First Amendment to the 2014 Community Development Block Grant
Annual Action Plan — Approve
M. First Amendment to the 2013-2017 Consolidated Plan for Housing and
Community Development — Approve
N. Goods & Services Agreement with TMG Services for Chlorination
Equipment for Kent Springs - Approve
0. Kent Regional Trails Connector Project Grant - Accept
P. Consultant Services Agreement with Tetra Tech, Inc. for 2014 Lakes
Water Quality Monitoring — Approve
Q. Panther Lake Substation License Agreement — Authorize
8. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION
A. To consider the acquisition or sale of real property, as per RCW
42.30.110 (b) & (c)
12. ACTION AFTER EXECUTIVE SESSION
13. 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) Councilmember Orientation
2) Kent Branding Program
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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
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PUBLIC COMMUNICATIONS
A) Danny &Julia Pierce Tribute
B) Public Recognition
C) Community Events -Adopt A-Street Program
D) Civil Service Commission Appointee, Jeff Piecewicz
E) Human Service Commission Appointee, Amelia Drake
F) Public Safety Report
G) Legislative Update
H) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through Q.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of
February 18, 2014 and the special Council meeting of February 25, 2014.
7B. Approval of Bills.
Approval of payment of the bills received through February 15 and paid on
February 15 after auditing by the Operations Committee on March 4, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/14 Wire Transfers 5766-5780 $1,762,487.43
2/15/14 Regular Checks 680428-680712 $1,872,838.98
Void Checks ($72,634.23)
2/15/14 Use Tax Payable $3 023.48
$3,565,715.66
Approval of checks issued for payroll for February 1 through February 15 and
paid on February 20, 2014:
Date Check Numbers Amount
2/20/2014 Checks 334366-334502 $71,038.56
Voids and Reissues
2/20/2014 Advices 325325-325943 $1,210,221.87
$1,281,260.43
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11 � KENT
Kent City Council Workshop
March 4, 2014
The workshop meeting was called to order at 5:00 p.m. by Council President Ralph.
Councilmembers present: Ralph, Boyce, Berrios, Fincher, Higgins, and Thomas.
Councilmember Ranniger arrived at 5:20 p.m.
Council President Ralph welcomed everyone and new Councilmember Brenda Fincher.
B&O Proiect List - Tim LaPorte, Public Works Director introduced the item and
distributed a list of the proposed utilization of B&O funds for 2014. He noted that
there were two items that were removed from the list from the Public Works
Committee. He communicated that the primary project on the list is the overlay of
North Central Avenue from Smith Street to Novak Lane. He noted that there is repair
work on Gowe Street going on now.
Council President Ralph communicated that in keeping with the spirit of the
conversation with the business community the neighborhood traffic calming program
was removed and Councilmember Higgins noted that it is important for the Council to
find funding for the program.
Councilmember Boyce inquired about the North Central Avenue overlay and LaPorte
replied why the project was chosen. LaPorte continued and discussed the "in-house"
projects and that a contractor would be hired to handle the North Central Avenue
project because of its size.
Councilmember Higgins thanked the City staff for the list. He stated that the staff
knows the priorities and what needs to be fixed. He added that he doesn't blame the
Chamber of Commerce for pointing out that the B&O tax wouldn't exist if it weren't
for their support. He stated that he made a mistake two years ago and neglected to
ensure some non-B&O funds were maintained for street maintenance. He
communicated that he will be striving this fall to find some funds to take care of
street maintenance because the City is behind with it.
Councilmember Boyce verified that the projects on the list would be completed in
2014. LaPorte added that the City is using the leftover funds from 2013 and the funds
from the first three quarters of 2014 for these projects. Boyce also verified that the
current progress on 256th Avenue is undergrounding of power lines and there should
be paving going on in July.
Council President Ralph communicated that this list was presented to the Council as a
menu and it has helped her identify that the Council needs to find some funds to
address these needs.
Riverbend Golf Complex - Tom Brubaker, Interim Chief Administrative Officer
communicated that the golf course has been in existence for 25 years and run as an
enterprise. Over the years there have been some successes and failures and the bond
has been paid off. He stated that a main issue is that golf in the country has hit a
plateau and courses are struggling nationally. The other reality, he pointed out, is that
Kent City Council Workshop Minutes March 4, 2014
the City went through a five-year recession and doesn't have general fund monies to
play with. As a result of these challenges, the golf complex is $2.6 million in debt and
in sore need of infrastructure improvements and the total amount needed to fix the
course and pay off the debt is $8 to $9 million. He stated that over the years this
Council and previous Councils have tried to find a way to right the downward trend at
the golf course. He added that the Council, Administration, and the Parks and
Community Services Director, Jeff Watling have attempted to come up with a solution
and the only one they have come up with is to sell the Par 3 course in order to pay
the debt and begin to make improvements on the rest of the complex. He said
Watling will discuss the history, outline the options, and discuss solutions.
Additionally, he said Colin Lund will then speak, a developer, who will communicate
concepts and ideas and what his firm would like to do at the site. Finally, he noted
that Economic and Community Development Director, Ben Wolters and Economic and
Community Development Manager, Kurt Hanson will then discuss what the City needs
to do to move forward if the option to sell is chosen.
Watling discussed three challenges. First, capital reinvestment is needed to keep
Riverbend Golf Course competitive. Second, the $2.6 million in operational debt needs
to repaid. And third, how to create a sustainable annual operating budget for the
complex. He noted that there have been numerous operating models that have been
tested and none of them have worked as the capital constraints are still looming. He
communicated that there three options in regards to the entire complex have been
explored. These options are, first, The Riverbend Golf Complex stays an enterprise
with the management and operations functions outsourced, second, Keep Riverbend
as an enterprise, but resize the operation, and third, Transition Riverbend into the
General Fund Budget. The problem with all of these, he stated, is that the debt isn't
taken care of with either of them. Additionally, with the General Fund option there
would be a $650,000 - $1 million or more burden on the General Fund.
Councilmember Higgins confirmed with Watling that a $1 million burden would
represent five years and the $650,000 would be over a ten year period.
Councilmember Boyce also verified that these three options only pay the debt and
don't include the maintenance problem.
Watling continued and noted that the General Fund isn't presently able to absorb this
without some decisions on other cuts needing to be made. He communicated that the
enterprise option would entail reducing the size of the complex, thus reducing
operational costs. Proceeds from this sale or lease, he pointed out, would pay off debt
and fund capital improvements. This would take mitigation to ensure the golf complex
remains accessible for people of all ages and all abilities. Watling displayed what the
resizing option would look like on a satellite map of the complex. He added that some
of the considerations are what is the pattern of use, where does the City generate
revenues, and how might the City replicate the services currently offered? He noted
that the golf course generates 50 percent of the golf complex revenues, the driving
range generates 40 percent, and the Par 3 generates the remaining 10 percent. He
communicated that the resize would include a training/learning center with a smaller
footprint and a putting area that could be used for junior golfers and those who want
training. He discussed the 18-hole golf course and possibly including "Tee-It Forward
Yardages" to make the distances shorter which lessens the intimidation factor for
2
Kent City Council Workshop Minutes March 4, 2014
senior and youth golfers, thus maximizing the 18-hole course. He displayed the
advantages and disadvantages of the re-size option. He said the disadvantages are
the loss/re-use of public property and change. However, he noted that the
advantages are improving operational sustainability, paying off the interfund loan,
funding current and capital investments, and the Riverbend Golf Course remains a
public facility for all ages and abilities. Watling added that the policy implications are
whether there is commercial interest in the property, how does the City and
community work through the change, and how does the City ensure an appealing
project that will benefit the community.
Councilmember Boyce inquired about how this would work with people using short
tees and those playing regular tees. Watling replied that all of the players would have
the same tee times, but even the people using the shorter tees would be expected to
play at a normal golf pace.
Brubaker introduced Colin Lund and noted that the City is in a tough financial bind
with Riverbend. However, he felt the property is a jewel, it's next to the Green River
and trail, an ecological restoration site, has access to Interstate 5 and if it is
redeveloped there would be an exciting and new redevelopment in that part of the
City. He added that there are wonderful opportunities that may present itself if the
City sells the Par 3.
Colin Lund, Yarrow Bay Holdings, stated that this site would be a great place for
people. He stated that he was asked to give his opinion and agreed there would be
interest in the development community for the property. Lund communicated that the
proximity to the trail, Interstate 5, and REI make the property very attractive. He said
this property offers a great opportunity to connect neighborhoods, revitalize the area,
and offers shopping and recreation opportunity. He discussed potential uses of the
property and said the site is well-suited for higher density residential with ground
floor retail and living units above. He added that it has great potential for restaurants,
bike shops, and has a signature corner for an inviting business. Also, there is a great
opportunity to integrate the trail and an open area for entertainment. Lund continued
his presentation and discussed specific amenities that the area could have. He
discussed Juanita Village in Kirkland as an example of what this site could resemble
and highlighted several streetscape concepts. Lund discussed water features and
spaces for larger gatherings that could be located on the site. However, he
communicated that all of these things are hard to achieve unless the City is a
"regulator' and enters into a private/public partnership to ensure that the City gets
what it wants on the site. He said the City may also want to consider a lease option to
pay down the debt on the property.
Councilmember Boyce verified with Watling that the three options presented were
derived from the Parks and Human Services Committee meeting. He further
communicated that there are many other options, like marketing, etc. However, there
aren't any that individually address all three of the issues. He stated that two of the
three solutions presented won't take care of the debt nor the improvements and that
the City's back is up against the wall and can't continue to take funds out of the
General Fund to keep the Par 3. Watling added that the funds don't come directly
from the General Fund.
3
Kent City Council Workshop Minutes March 4, 2014
Councilmember Boyce verified that Watling has shared these options with several of
the groups who are concerned with the Par 3. However, Watling pointed out that the
junior golf community doesn't see this new facility as adequate because there are
only three holes planned not nine.
Councilmember Ranniger verified that the new facility would be in conjunction with
retrofitting the 18-hole course.
Watling pointed out that the resizing option was investigated by him and he is
struggling with how the City can afford the entire golf complex. Consolidating the
property so the City can still run the golf complex, creating the three tee course and
adjusting the 18-hole course makes this a more affordable package, he summarized.
Councilmember Higgins said he is fairly confident in the City's ability to solve the
operational piece. However, that won't solve the debt and verified with Watling that
capital reinvestment can't wait. He added that the facility needs water, structural
improvements, new turf, irrigation repairs, equipment upgrades, and all of this has
been deferred. He asked about putting together a small bond issue for the voters and
Watling verified that it would take 60% approval for a bond of $8 million. Watling
questioned where this would rank compared to the rest of the City's needs. He
communicated that there will be discussion at the Council retreat about the City's
other reinvestment issues such as streets, needing a new police headquarters, etc.
and bringing a bond forward would need to be considered along with the rest of the
infrastructure needs of the City. Councilmember Higgins announced that he wants to
keep the Par 3, if he can, but pointed out that several Puget Sound cities have closed
or sold their golf courses. He noted that it has been pointed out that Riverbend is a
regional facility, but when he discussed obtaining funds for the complex with a King
County Councilmember, he was laughed at and they stated that they are having to
reduce human services funding.
Councilmember Thomas communicated that if this is sold it needs to be a very well
done development. He said he would be very interested in seeing a very detailed
contract or document in place to ensure the development is done properly.
Brubaker discussed the DevCo development and communicated that the City staff has
also worked on very successful developments like Kent Station and Springboard. He
stated that the City staff is very capable of doing this right.
Ben Wolters, Economic and Community Development Director, communicated that the
first step in moving forward if the Council directs the City staff to do so is asking for
statements of qualification from potential developers. The RFPs would then be paired
down to two or three finalists and a rigorous RFP process would begin which would
lead to the City determining who their partner would be. If the process goes in this
manner there would be a financial goal to draw down the debt. Additionally, this
would have to be a marquee project with many different ways the agreement could
be structured to create flexibility in order ensure the City's milestones were met as
the project progressed.
4
Kent City Council Workshop Minutes March 4, 2014
Council President Ralph asked that once the property is sold does the Council have
the option to determine what the retail property would become. Wolters responded
that there was a tremendous amount of interest at Kent Station and there can be
some phasing to ensure certain businesses go there. If the property is marketed
jointly, there is more direct intelligence about what is going on. However, only to a
certain point. The tenant mix, incentives, and other options to include financial, would
need to be included in the agreement between the City and the developer.
Councilmember Boyce confirmed with Wolters that the City can withdraw the sale in
Phase I if there isn't any interest in the property. Additionally, if there are two or
three finalists and the City can't come to an agreement with any of them, the sale can
be terminated. Also, the property sale and development can be phased and clauses
can be built into the negotiations. The goal, he said, is to find a developer who's
interest aligns with the City's. Councilmember Boyce confirmed with Watling that if
there was another recession the City would need to determine what it could afford. He
added that the worst case would be to close the golf complex and possibly lease the
18 hole course to a golf management company.
Councilmember Higgins confirmed with Watling that the cost to add the Par 3 into the
parks system would be about $250,000 annually. He communicated that the
enterprise would then consist of the 18 hole course and driving range it would still be
millions of dollars of debt. He also asked if there is any way Top Golf or some other
company could come in and throw their ideas into developing the property. Wolters
communicated that there is a way to create a hybrid, but it might lessen the amount
of prospective investors who want to develop the property.
Watling communicated that Top Golf is to golf what Acme Bowl is to bowling. He
noted that it would turn the Par 3 into a food and beverage, go there with your
buddies on a Friday or Saturday night, lights, beer, with special balls and special
targets, almost a party type of establishment. These are key operational questions.
Councilmember Fincher inquired about the walkability of the 18-hole golf course.
Watling communicated that you can play 9 holes with the forward tees. It is a longer
walk, he explained, but there may be an option to have reduced carts. He said those
three holes would be good for those with mobility concerns.
Councilmember Thomas communicated that the Council has been discussing this for
years now and he doesn't think any of the Council wants to sell the Par 3 course.
However, he said if something isn't done a future council will possibly have to close or
sell the entire golf complex, to include the 18 hole course. The Council needs to do
something, he said.
Council President Ralph said something needs to be done and her biggest struggle is
every reason to sell it is every reason not to. It has a view, the river, and the access
are reinforcing why this property is important to the City. She said this is her hardest
decision in her two years on the Council.
Councilmember Boyce communicated that he doesn't think the City can continue
going down this path. He felt Watling and Wolters should investigate options to make
5
Kent City Council Workshop Minutes March 4, 2014
this work and the Council should begin investigating alternative options if there isn't a
way to keep the Par 3.
Councilmember Ranniger agreed with Councilmember Boyce and said this has been a
long process. She communicated if the debt, the need to invest, and the ongoing
operations issues weren't there this would be easier to find a solution. Going down
this path still allows for a golf experience for those of varying ages and abilities by
having a 3-hole course and shortened tees on the 18-hole golf course. However, the
concerns about losing the access can be mitigated by careful controls in the
development. She said this would allow for more people to be able to use the
property. This type of development option broadens the amount of usage people
within Kent can share. She summarized that having clear controls in place will be
pivotal to anything that is done and doesn't favor moving forward until those controls
are in place.
Councilmember Fincher communicated that she favors public lands and wants to see if
there are any management companies out there to look at this and see if it can be
saved. However, the City needs to pull itself out of the debt.
Councilmember Boyce added that any type of company that can help with this issue is
preferred.
Councilmember Ralph also pondered if there is any golf management company that
can offer the City a plan. Watling communicated that there are several golf consultant
companies out there which offer those services. However, there is a financial cost to
it, he said.
Brubaker said he is skeptical that there is any company that can offer a solution to
take over, clear the debt, and operate the course. They would also need to address
the improvements that are needed, he pointed out. He warned that the repairs on the
course are not small and the issue is complex. He concluded that the entire complex
is losing money and the only way to fix it is to sell the Par 3.
Councilmember Higgins requested proposals or qualifications from golf consultant
firms in an RFP/RFQ process to be outside operators of the course.
Brubaker questioned if the City staff should also move to also look at buyers of the
property at the same time because if the Council doesn't express a serious interest in
selling the course there won't be any development interest.
Councilmember Higgins said that the Council is obviously interested in selling the
property or this discussion wouldn't be occurring. He also noted that he isn't
foreclosing the idea of coming up with a solution to solve all three of the issues,
either.
Councilmember Ranniger inquired if it would be best to look for an operator to solve
the three issues first, then if no one is found, move to find a buyer.
6
Kent City Council Workshop Minutes March 4, 2014
Wolters confirmed that it makes sense to exhaust all possible opportunities to find an
operator to manage the property, then if none surface, look to any developers who
would want to develop it.
Councilmember Thomas communicated that no one would want to take over $2.6
million in debt. He felt the development of the property and working on the controls is
the way to go.
Councilmember Ranniger restated that its best to first determine if there are any golf
management operators who could offer a solution, then look for possible developers if
there are none who would be interested.
Watling communicated that the process would take six months to determine if there is
a golf management company who would handle the course.
Councilmember Boyce agreed with determining if there is a golf management
company out there first, then moving forward with the sale if there isn't.
Councilmember Ranniger communicated that while a management company is being
sought, the controls which would go along with the possible sale could be determined.
However, she felt that an outside operator could handle one, but not all three of the
problems that exist with the complex.
Councilmember Fincher felt that a last look is warranted and if a management firm
doesn't take this over, it would be a good time to look at what the City wants to see
in this new space that might be developed.
Watling said he would want it clearly stated in the RFP what the state of the current
golf complex is.
Councilmember Ralph summarized that the consensus is to go forward with the RFP
for a golf management company to handle the golf complex.
Watling stated that his goal is to find a sustainable solution to the golf complex.
Councilmember Ralph said this is something that the Council takes extremely
seriously and this is a step forward.
The meeting adjourned at 6:51 p.m.
Ronald F. Moore, MMC
City Clerk
7
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KENT
Kent City Council Meeting
March 4, 2014
The regular meeting of the Kent City Council was called to order at 7:01 p.m. by
Mayor Cooke.
Councilmembers present: Boyce, Fincher, Ralph, Ranniger, and Thomas.
Councilmember Higgins arrived at 7:02 p.m.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Ralph removed items M
and N from the Consent Calendar.
B. From the Public.
PUBLIC COMMUNICATIONS
A. Oath of Office, Councilmember Fincher. City Clerk, Ronald F. Moore,
administered the Oath of Office to Councilmember Fincher who was appointed to
Council Position No. 6. Councilmember Fincher introduced her family and friends who
were in the audience.
Council President Ralph communicated that Councilmember Fincher will serve on the
Public Works Committee and the Parks and Human Services Committee.
B. Public Recognition. Council President Ralph communicated that she attended
Sarafina! last Friday which was put on by the teens at the Kent Community Center
Phoenix Academy. She said it was a great production. Mayor Cooke also added that a
City volunteer, Ty Whitfield assists the youth in the community and she worked with
them to make this play happen.
Council President Ralph also applauded the Kentridge Robotics Team for winning the
Innovation Award at the robotics competition at the Auburn Mountainview Academy.
She added that her son is a member of the team. She also thanked the Parks and
Recreation Department for the Kent Kids Arts Day.
Councilmember Boyce wished Councilmember Higgins a happy birthday and the
Council and audience sang "Happy Birthday" to him. Councilmember Higgins
introduced his wife and daughter in the audience.
Mayor Cooke thanked Acting City Attorney Fitzpatrick for his great work and testimony
in the Washington State Court of Appeals on February 24. She stated that he handled
the questions from the judges very well.
Interim Chief Administrative Officer Brubaker communicated that Fitzpatrick is a very
talented attorney and his testimony and work is unparalleled.
Kent City Council Meeting Minutes March 4, 2014
Acting City Attorney Pat Fitzpatrick thanked Kim Komoto, Legal Analyst and Robert
Goehring, City Auditor. He noted that it will take three to six months for the City to get
a response on the appeal.
Mayor Cooke pointed out that our case is a civil case.
Mayor Cooke stated that Bob Nelson, the director of the Oscar-nominated film
"Nebraska" graduated Kentridge High School.
Councilmember Higgins recognized the Kentridge Girls basketball team and Kentwood
Boys basketball team for their participation in the Washington State basketball
tournament and wished them luck.
Mayor Cooke recognized all high school seniors who are preparing for their oral
presentations this week at Kent-Meridian and Kentridge high schools.
C. Community Events. None.
D. Legislative Update. Michelle Wilmot, Public Information Officer, reported on the
session in Olympia. She stated the session is slated to end on March 13. She said
there hasn't been a lot of activity on our top priority items. Yesterday, she noted that
the deadline for the items to pass out of the budget and transportation committees,
otherwise they would be considered dead for this session. Wilmot highlighted that this
Friday is the last day for the house to consider bills from the senate and for the senate
to consider bills from the house, unless they are budget related. She noted the senate
passed their operating and capital budgets last week and the house passed its
operating and capital budgets out of committee, not the house floor. The
transportation budget has passed both the senate and house. However, this has
nothing to do with the transportation investment package. She communicated that a
multi-billion legislative transportation package was introduced last week for major
projects, but it has some issues with moving forward, such as an 11.5 cent sales tax
on gas. She also noted that another challenge is that this legislation calls for sales tax
collected for transportation projects to go to transportation funding, instead of the
general fund. She communicated that there is $9 million in streamlined sales tax and
annexation sales tax credits and those funds are needed by Kent and look to be
untouched in both of the budgets. As far as liquor revenues, the City's lobbyist noted
that it looks like there will be a battle between how liquor revenues and future
marijuana revenues are distributed. She noted that the City receives about $920,000
in liquor revenues per year and both the senate and house budgets don't offer any
restoration of those revenues. She reported that the City's capital budget request for
the remaining $600,000 for the 228th connection is included in the house capital
budget. Additionally, she said the house and senate capital budgets include flood
control funding for $25 million. Wilmot discussed the statewide gangs database and
reported that those funds aren't in any of the budgets, but Senator Fain is supportive
of this item. The house operating budget has about a $500,000 grant program for
gang intervention. She noted the measure to have cities have more public works
projects brought in-house was approved by the house and is in the senate.
2
Kent City Council Meeting Minutes March 4, 2014
Mayor Cooke communicated that in 2009 the bill lowered the cap for in-house projects
from $90,000 to $65,000. She added that the request is to increase the limit to
$125,000.
E. Intergovernmental Reports. Council President Ralph communicated that the
Regional Law Safety and Justice committee met last Thursday and a discussion
occurred about public defense and a finding that cities have been preventing indigent
people from adequate counsel. This has generated a lot of discussion and a limit has
been set to 400 cases per year. She noted that there is more to come and will have a
budget impact in the future as this will lead to move defense staff being required in
the City's jails.
Acting City Attorney noted that Brubaker, Human Services, and himself have met. He
said they are going to make revisions to their process to ensure they comply with the
new rules.
Councilmember Higgins highlighted that the Sound Cities Association Board of
Directors approved to hire a replacement for Monica Whitman who was hired by the
City of Kent and to create a subcommittee to determine how to fund one additional
staff member. He added that the Regional Transit Committee met and discussed the
actions of the King County Council to create a Transportation Benefit District (TBD)
and move forward to the ballot in April an issue to implement a $60 car tab fee and a
one-tenth of 1% sales tax for transportation. The split would be 60% to King County
and 40% to cities with Kent receiving $3.1 million. Additionally, a low income fare
would be implemented. He noted that the King County Council acting as the TBD
passed this by a 9-0 vote.
PUBLIC HEARINGS
None.
PUBLIC COMMENT
1. Heidi Wills, Seattle - Spoke on behalf of First Tee, Inc. She noted that it is a national
organization to serve the youth through the game of golf. This organization serves the
needs of children. She stated that First Tee works with 35 physical education teachers
in the schools and serving 14.000 students who use Riverbend Golf Course. She said it
seems to be an easy solution to sell the course, but safe places are needed for the
youth to use.
2. Evan Johnsen, Seattle - Spoke as the program director of First Tee. Johnsen said his
interest is in the youth and taking care of those in the general community. The needs
of the youth can't be met in schools or in family and their education is supplemented
by the golf course, he said. He said they have done their due diligence and Riverbend
is the only location for them to do their training. He asked the Council to do everything
in its power, but either keep the Par 3 or the training facility that was discussed in the
workshop.
3
Kent City Council Meeting Minutes March 4, 2014
Councilmember Ranniger communicated that this isn't an easy decision and that this is
very difficult. She said this decision is still on hold for at least another six months so
the Council can find a solution for all users and the community to work on it.
3. Zachary Lockhart, Des Moines - Discussed the possible sale of the Par 3 golf course.
He communicated that he has met many friends there and that the course is great.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
L, seconded by Councilmember Thomas.
A. Minutes of the workshop and regular Council meeting of February 18, 2014
and special meeting of February 25, 2014 — Approve. The minutes of the
workshop and regular Council meeting of February 18, 2014 and special meeting of
February 25, 2014 were approved.
B. Payment of Bills — Approve. The Council approved the payment of the bills
received through January 15 and paid on January 15 after auditing by the Operations
Committee on February 18, 2014.
C. Excused Absence for Councilmember Berrios - Approve. The Mayor was
authorized to approve an excused absence for Councilmember Berrios who is unable to
attend the March 4, 2014 Council meeting.
D. B&O Tax Exemptions and Deductions Ordinance - Adopt. Ordinance No.
4106, amending Chapter 3.28 of the Kent City Code, to adopt additional exemptions
and deductions and to clarify a portion of the square footage tax component of the
City's B&O tax.
E. New Water Superintendent I Classification - Approve. The Mayor was
authorized to add the Water Superintendent I classification as a recognized
classification within budget documents subject to final terms and conditions acceptable
to the Human Resources Director and Public Works Director.
F. Position Change from Supervisor to Special Proiects Manager - Approve.
The Mayor was authorized to approve a position change in the Public Works
Department from Supervisor to Special Projects Manager subject to final terms and
conditions acceptable to the Human Resources Director and Public Works Director.
G. Consultant Agreement for the Green River Trail Proiects from Veterans
Drive to Three Friends Fishing Hole — Authorize. The Mayor was authorized to
sign the Consultant Agreement with the Berger Partnership, P.S. for $161,555.00 to
provide landscape architectural services for two projects along the Green River Trail,
subject to final terms and conditions acceptable to the City Attorney and the Parks
Director.
H. Land O' Frost Donation Agreement - Authorize. The Mayor was authorized to
accept the $19,000 donation from Land 0' Frost for the 2014 season of youth sports
4
Kent City Council Meeting Minutes March 4, 2014
programs and authorize the Mayor to sign the donation agreement, subject to final
terms and conditions acceptable to the City Attorney and the Parks Director.
I. 2014 Washington State Slo-Pitch Umpires Association Agreement -
Authorize. The Mayor was authorized to sign the Washington State Slo-pitch Softball
Umpires Association Agreement for the 2014 season, subject to final terms and
conditions acceptable to the City Attorney and the Parks Director.
J. Fire Station #74 Data Center Remodel Agreement with Dutton Electric
Company, Inc. — Authorize. The Mayor was authorized to sign the contract with
Dutton Electric Company, Inc. to perform all work for the new city-wide Data Center at
Fire Station #74 in the amount of $53,232.33, including WSST, subject to final terms
and conditions acceptable to the City Attorney and the Parks Director.
K. 2013 Fourth Ouarter Fee-in-Lieu Funds — Accept. The Mayor was authorized to
accept $7,875.00 for fourth quarter 2013 fee-in-lieu funds and authorizing the
expenditure of funds in the Garrison Creek Park Budget.
L. Malik Ridge Final Plat — Approve. The Mayor was authorized to approve the final
plat for Malik Ridge and authorize the Mayor to sign the mylars.
M. Boeing Company — Release and Cancellation of Sanitary Sewer Easement —
Approve. The Mayor was authorized to approve a Release and Cancellation of the
Sanitary Sewer Easement with the Boeing Company, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
N. Boeing Company — Release and Cancellation of Public Turnaround
Easement — Approve. The Mayor was authorized to approve the Release and
Cancellation of the Public Turnaround Easement with the Boeing Company, subject to
final terms and conditions acceptable to the Public Works Director and City Attorney.
OTHER BUSINESS
A. Consultant Services Contract with Karras Consulting — Authorize. - Lorraine
Peterson, Human Resources Director discussed the item. She noted that this item was
brought to the Operations Committee in September and $3,700 was spent in
advertising the position. She noted that the City received some responses, but yielded
no fully qualified applicants. Additionally, she stated that the three reasons Karras can
do this recruitment are first, the Human Resource Department isn't staffed to do
executive searches. She noted that executive searches utilize a lot of resources and
entail doing full candidate profiles, having an executive database, and doing
background checks. She pointed out that Karras utilizes its database and contacts
possible highly qualified executive candidates about vacant positions. She
communicated that another positive in using Karras Consulting is that they have had
very successful recruitments in the State of Washington. She communicated that
Karras also limits the number of recruitments they handle at one time in order to give
their clients the attention they deserve. Patterson explained that Karras has great
references and they are experienced in networking and finding the right candidate.
5
From: Lamp,Craig [CLamp@kentwa.gov]
Sent: Tue, 25 Aug 2015 11:12:01 -0700
To: Police Sex Registrant [PoliceSexRegistrants@kentwa.gov]
Subject: 15-33
CITY OF KENT
City Council Meeting
Agenda
I�� mt U r rt
m
March 18, 2014
Mayor Suzette Cooke
Darla Ralph, Council President
Couneilr embers
Jim Berrios
Bill Boyce
Brenda Fir7cher
Dennis Higgins
Deborah Ranniger
w,
Les Thomas
homas C,-ry CLERK
y �
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KENT CITY COUNCIL AGENDAS
KENT March 18, 2014
w s v ro Council Chambers
Mayor Suzette Cooke
Council President Dana Ralph
Councilmember Jim Berrios Councilmember Bill Boyce
Councilmember Brenda Fincher Councilmember Dennis Higgins
Councilmember Deborah Ranniger Councilmember Les Thomas
*********************************************************************
COUNCIL WORKSHOP AGENDA
5:00 P.M.
Subiect Speaker Time
Councilmember Orientation Pat Mason, MRSC 30 min
Kent Branding Program Tom Brubaker/Ben Wolters 60 min
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. Danny and Julia Pierce Tribute
B. Public Recognition
C. Community Events
1. Adopt A-Street Program
D. Introduction of Civil Service Commission Appointee, Jeff Piecewicz
E. Introduction of Human Service Commission Appointee, Amelia Drake
F. Public Safety Report
G. Legislative Update
H. Intergovernmental Reports
5. PUBLIC HEARING
6. PUBLIC COMMENT
7. CONSENT CALENDAR
A. Minutes of Previous Meetings and Workshop — Approve
B. Payment of Bills — Approve
C. Appointment to Kent Civil Service Commission — Confirm
(Continued)
COUNCIL MEETING AGENDA CONTINUED
D. Appointment to Kent Human Service Commission - Confirm
E. Cumulative Contributions-Traffic School and Target Zero Teams Funds
— Accept
F. $15,000 State Farm Grant — Citywide Illegal Street Racing
Enforcement/Education Campaign— Accept
G. Ordinance Amending KCC 9.02 Correcting Code Sections for Menacing
and Lewd Conduct - Adopt
H. Ordinance Amending KCC 13.05.050 - Fireworks Penalty - Adopt
I. Boeing Company - Release and Cancellation of Sanitary Sewer
Easement — Approve
J. Boeing Company - Release and Cancellation of Public Turnaround
Easement — Approve
K. 2013 Consolidated Annual Performance Evaluation Report — Approve
L. First Amendment to the 2014 Community Development Block Grant
Annual Action Plan — Approve
M. First Amendment to the 2013-2017 Consolidated Plan for Housing and
Community Development — Approve
N. Goods & Services Agreement with TMG Services for Chlorination
Equipment for Kent Springs - Approve
0. Kent Regional Trails Connector Project Grant - Accept
P. Consultant Services Agreement with Tetra Tech, Inc. for 2014 Lakes
Water Quality Monitoring — Approve
Q. Panther Lake Substation License Agreement — Authorize
8. OTHER BUSINESS
9. BIDS
10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
11. EXECUTIVE SESSION
A. To consider the acquisition or sale of real property, as per RCW
42.30.110 (b) & (c)
12. ACTION AFTER EXECUTIVE SESSION
13. 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) Councilmember Orientation
2) Kent Branding Program
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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
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PUBLIC COMMUNICATIONS
A) Danny &Julia Pierce Tribute
B) Public Recognition
C) Community Events -Adopt A-Street Program
D) Civil Service Commission Appointee, Jeff Piecewicz
E) Human Service Commission Appointee, Amelia Drake
F) Public Safety Report
G) Legislative Update
H) Intergovernmental Reports
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PUBLIC HEARING
This page intentionally left blank.
PUBLIC COMMENT
This page intentionally left blank.
Agenda Item: Consent Calendar 7A - 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through Q.
Discussion
Action
7A. Approval of Minutes.
Approval of the minutes of the workshop and regular Council meeting of
February 18, 2014 and the special Council meeting of February 25, 2014.
7B. Approval of Bills.
Approval of payment of the bills received through February 15 and paid on
February 15 after auditing by the Operations Committee on March 4, 2014.
Approval of checks issued for vouchers:
Date Check Numbers Amount
2/15/14 Wire Transfers 5766-5780 $1,762,487.43
2/15/14 Regular Checks 680428-680712 $1,872,838.98
Void Checks ($72,634.23)
2/15/14 Use Tax Payable $3 023.48
$3,565,715.66
Approval of checks issued for payroll for February 1 through February 15 and
paid on February 20, 2014:
Date Check Numbers Amount
2/20/2014 Checks 334366-334502 $71,038.56
Voids and Reissues
2/20/2014 Advices 325325-325943 $1,210,221.87
$1,281,260.43
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11 � KENT
Kent City Council Workshop
March 4, 2014
The workshop meeting was called to order at 5:00 p.m. by Council President Ralph.
Councilmembers present: Ralph, Boyce, Berrios, Fincher, Higgins, and Thomas.
Councilmember Ranniger arrived at 5:20 p.m.
Council President Ralph welcomed everyone and new Councilmember Brenda Fincher.
B&O Proiect List - Tim LaPorte, Public Works Director introduced the item and
distributed a list of the proposed utilization of B&O funds for 2014. He noted that
there were two items that were removed from the list from the Public Works
Committee. He communicated that the primary project on the list is the overlay of
North Central Avenue from Smith Street to Novak Lane. He noted that there is repair
work on Gowe Street going on now.
Council President Ralph communicated that in keeping with the spirit of the
conversation with the business community the neighborhood traffic calming program
was removed and Councilmember Higgins noted that it is important for the Council to
find funding for the program.
Councilmember Boyce inquired about the North Central Avenue overlay and LaPorte
replied why the project was chosen. LaPorte continued and discussed the "in-house"
projects and that a contractor would be hired to handle the North Central Avenue
project because of its size.
Councilmember Higgins thanked the City staff for the list. He stated that the staff
knows the priorities and what needs to be fixed. He added that he doesn't blame the
Chamber of Commerce for pointing out that the B&O tax wouldn't exist if it weren't
for their support. He stated that he made a mistake two years ago and neglected to
ensure some non-B&O funds were maintained for street maintenance. He
communicated that he will be striving this fall to find some funds to take care of
street maintenance because the City is behind with it.
Councilmember Boyce verified that the projects on the list would be completed in
2014. LaPorte added that the City is using the leftover funds from 2013 and the funds
from the first three quarters of 2014 for these projects. Boyce also verified that the
current progress on 256th Avenue is undergrounding of power lines and there should
be paving going on in July.
Council President Ralph communicated that this list was presented to the Council as a
menu and it has helped her identify that the Council needs to find some funds to
address these needs.
Riverbend Golf Complex - Tom Brubaker, Interim Chief Administrative Officer
communicated that the golf course has been in existence for 25 years and run as an
enterprise. Over the years there have been some successes and failures and the bond
has been paid off. He stated that a main issue is that golf in the country has hit a
plateau and courses are struggling nationally. The other reality, he pointed out, is that
Kent City Council Workshop Minutes March 4, 2014
the City went through a five-year recession and doesn't have general fund monies to
play with. As a result of these challenges, the golf complex is $2.6 million in debt and
in sore need of infrastructure improvements and the total amount needed to fix the
course and pay off the debt is $8 to $9 million. He stated that over the years this
Council and previous Councils have tried to find a way to right the downward trend at
the golf course. He added that the Council, Administration, and the Parks and
Community Services Director, Jeff Watling have attempted to come up with a solution
and the only one they have come up with is to sell the Par 3 course in order to pay
the debt and begin to make improvements on the rest of the complex. He said
Watling will discuss the history, outline the options, and discuss solutions.
Additionally, he said Colin Lund will then speak, a developer, who will communicate
concepts and ideas and what his firm would like to do at the site. Finally, he noted
that Economic and Community Development Director, Ben Wolters and Economic and
Community Development Manager, Kurt Hanson will then discuss what the City needs
to do to move forward if the option to sell is chosen.
Watling discussed three challenges. First, capital reinvestment is needed to keep
Riverbend Golf Course competitive. Second, the $2.6 million in operational debt needs
to repaid. And third, how to create a sustainable annual operating budget for the
complex. He noted that there have been numerous operating models that have been
tested and none of them have worked as the capital constraints are still looming. He
communicated that there three options in regards to the entire complex have been
explored. These options are, first, The Riverbend Golf Complex stays an enterprise
with the management and operations functions outsourced, second, Keep Riverbend
as an enterprise, but resize the operation, and third, Transition Riverbend into the
General Fund Budget. The problem with all of these, he stated, is that the debt isn't
taken care of with either of them. Additionally, with the General Fund option there
would be a $650,000 - $1 million or more burden on the General Fund.
Councilmember Higgins confirmed with Watling that a $1 million burden would
represent five years and the $650,000 would be over a ten year period.
Councilmember Boyce also verified that these three options only pay the debt and
don't include the maintenance problem.
Watling continued and noted that the General Fund isn't presently able to absorb this
without some decisions on other cuts needing to be made. He communicated that the
enterprise option would entail reducing the size of the complex, thus reducing
operational costs. Proceeds from this sale or lease, he pointed out, would pay off debt
and fund capital improvements. This would take mitigation to ensure the golf complex
remains accessible for people of all ages and all abilities. Watling displayed what the
resizing option would look like on a satellite map of the complex. He added that some
of the considerations are what is the pattern of use, where does the City generate
revenues, and how might the City replicate the services currently offered? He noted
that the golf course generates 50 percent of the golf complex revenues, the driving
range generates 40 percent, and the Par 3 generates the remaining 10 percent. He
communicated that the resize would include a training/learning center with a smaller
footprint and a putting area that could be used for junior golfers and those who want
training. He discussed the 18-hole golf course and possibly including "Tee-It Forward
Yardages" to make the distances shorter which lessens the intimidation factor for
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Kent City Council Workshop Minutes March 4, 2014
senior and youth golfers, thus maximizing the 18-hole course. He displayed the
advantages and disadvantages of the re-size option. He said the disadvantages are
the loss/re-use of public property and change. However, he noted that the
advantages are improving operational sustainability, paying off the interfund loan,
funding current and capital investments, and the Riverbend Golf Course remains a
public facility for all ages and abilities. Watling added that the policy implications are
whether there is commercial interest in the property, how does the City and
community work through the change, and how does the City ensure an appealing
project that will benefit the community.
Councilmember Boyce inquired about how this would work with people using short
tees and those playing regular tees. Watling replied that all of the players would have
the same tee times, but even the people using the shorter tees would be expected to
play at a normal golf pace.
Brubaker introduced Colin Lund and noted that the City is in a tough financial bind
with Riverbend. However, he felt the property is a jewel, it's next to the Green River
and trail, an ecological restoration site, has access to Interstate 5 and if it is
redeveloped there would be an exciting and new redevelopment in that part of the
City. He added that there are wonderful opportunities that may present itself if the
City sells the Par 3.
Colin Lund, Yarrow Bay Holdings, stated that this site would be a great place for
people. He stated that he was asked to give his opinion and agreed there would be
interest in the development community for the property. Lund communicated that the
proximity to the trail, Interstate 5, and REI make the property very attractive. He said
this property offers a great opportunity to connect neighborhoods, revitalize the area,
and offers shopping and recreation opportunity. He discussed potential uses of the
property and said the site is well-suited for higher density residential with ground
floor retail and living units above. He added that it has great potential for restaurants,
bike shops, and has a signature corner for an inviting business. Also, there is a great
opportunity to integrate the trail and an open area for entertainment. Lund continued
his presentation and discussed specific amenities that the area could have. He
discussed Juanita Village in Kirkland as an example of what this site could resemble
and highlighted several streetscape concepts. Lund discussed water features and
spaces for larger gatherings that could be located on the site. However, he
communicated that all of these things are hard to achieve unless the City is a
"regulator' and enters into a private/public partnership to ensure that the City gets
what it wants on the site. He said the City may also want to consider a lease option to
pay down the debt on the property.
Councilmember Boyce verified with Watling that the three options presented were
derived from the Parks and Human Services Committee meeting. He further
communicated that there are many other options, like marketing, etc. However, there
aren't any that individually address all three of the issues. He stated that two of the
three solutions presented won't take care of the debt nor the improvements and that
the City's back is up against the wall and can't continue to take funds out of the
General Fund to keep the Par 3. Watling added that the funds don't come directly
from the General Fund.
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Kent City Council Workshop Minutes March 4, 2014
Councilmember Boyce verified that Watling has shared these options with several of
the groups who are concerned with the Par 3. However, Watling pointed out that the
junior golf community doesn't see this new facility as adequate because there are
only three holes planned not nine.
Councilmember Ranniger verified that the new facility would be in conjunction with
retrofitting the 18-hole course.
Watling pointed out that the resizing option was investigated by him and he is
struggling with how the City can afford the entire golf complex. Consolidating the
property so the City can still run the golf complex, creating the three tee course and
adjusting the 18-hole course makes this a more affordable package, he summarized.
Councilmember Higgins said he is fairly confident in the City's ability to solve the
operational piece. However, that won't solve the debt and verified with Watling that
capital reinvestment can't wait. He added that the facility needs water, structural
improvements, new turf, irrigation repairs, equipment upgrades, and all of this has
been deferred. He asked about putting together a small bond issue for the voters and
Watling verified that it would take 60% approval for a bond of $8 million. Watling
questioned where this would rank compared to the rest of the City's needs. He
communicated that there will be discussion at the Council retreat about the City's
other reinvestment issues such as streets, needing a new police headquarters, etc.
and bringing a bond forward would need to be considered along with the rest of the
infrastructure needs of the City. Councilmember Higgins announced that he wants to
keep the Par 3, if he can, but pointed out that several Puget Sound cities have closed
or sold their golf courses. He noted that it has been pointed out that Riverbend is a
regional facility, but when he discussed obtaining funds for the complex with a King
County Councilmember, he was laughed at and they stated that they are having to
reduce human services funding.
Councilmember Thomas communicated that if this is sold it needs to be a very well
done development. He said he would be very interested in seeing a very detailed
contract or document in place to ensure the development is done properly.
Brubaker discussed the DevCo development and communicated that the City staff has
also worked on very successful developments like Kent Station and Springboard. He
stated that the City staff is very capable of doing this right.
Ben Wolters, Economic and Community Development Director, communicated that the
first step in moving forward if the Council directs the City staff to do so is asking for
statements of qualification from potential developers. The RFPs would then be paired
down to two or three finalists and a rigorous RFP process would begin which would
lead to the City determining who their partner would be. If the process goes in this
manner there would be a financial goal to draw down the debt. Additionally, this
would have to be a marquee project with many different ways the agreement could
be structured to create flexibility in order ensure the City's milestones were met as
the project progressed.
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Kent City Council Workshop Minutes March 4, 2014
Council President Ralph asked that once the property is sold does the Council have
the option to determine what the retail property would become. Wolters responded
that there was a tremendous amount of interest at Kent Station and there can be
some phasing to ensure certain businesses go there. If the property is marketed
jointly, there is more direct intelligence about what is going on. However, only to a
certain point. The tenant mix, incentives, and other options to include financial, would
need to be included in the agreement between the City and the developer.
Councilmember Boyce confirmed with Wolters that the City can withdraw the sale in
Phase I if there isn't any interest in the property. Additionally, if there are two or
three finalists and the City can't come to an agreement with any of them, the sale can
be terminated. Also, the property sale and development can be phased and clauses
can be built into the negotiations. The goal, he said, is to find a developer who's
interest aligns with the City's. Councilmember Boyce confirmed with Watling that if
there was another recession the City would need to determine what it could afford. He
added that the worst case would be to close the golf complex and possibly lease the
18 hole course to a golf management company.
Councilmember Higgins confirmed with Watling that the cost to add the Par 3 into the
parks system would be about $250,000 annually. He communicated that the
enterprise would then consist of the 18 hole course and driving range it would still be
millions of dollars of debt. He also asked if there is any way Top Golf or some other
company could come in and throw their ideas into developing the property. Wolters
communicated that there is a way to create a hybrid, but it might lessen the amount
of prospective investors who want to develop the property.
Watling communicated that Top Golf is to golf what Acme Bowl is to bowling. He
noted that it would turn the Par 3 into a food and beverage, go there with your
buddies on a Friday or Saturday night, lights, beer, with special balls and special
targets, almost a party type of establishment. These are key operational questions.
Councilmember Fincher inquired about the walkability of the 18-hole golf course.
Watling communicated that you can play 9 holes with the forward tees. It is a longer
walk, he explained, but there may be an option to have reduced carts. He said those
three holes would be good for those with mobility concerns.
Councilmember Thomas communicated that the Council has been discussing this for
years now and he doesn't think any of the Council wants to sell the Par 3 course.
However, he said if something isn't done a future council will possibly have to close or
sell the entire golf complex, to include the 18 hole course. The Council needs to do
something, he said.
Council President Ralph said something needs to be done and her biggest struggle is
every reason to sell it is every reason not to. It has a view, the river, and the access
are reinforcing why this property is important to the City. She said this is her hardest
decision in her two years on the Council.
Councilmember Boyce communicated that he doesn't think the City can continue
going down this path. He felt Watling and Wolters should investigate options to make
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Kent City Council Workshop Minutes March 4, 2014
this work and the Council should begin investigating alternative options if there isn't a
way to keep the Par 3.
Councilmember Ranniger agreed with Councilmember Boyce and said this has been a
long process. She communicated if the debt, the need to invest, and the ongoing
operations issues weren't there this would be easier to find a solution. Going down
this path still allows for a golf experience for those of varying ages and abilities by
having a 3-hole course and shortened tees on the 18-hole golf course. However, the
concerns about losing the access can be mitigated by careful controls in the
development. She said this would allow for more people to be able to use the
property. This type of development option broadens the amount of usage people
within Kent can share. She summarized that having clear controls in place will be
pivotal to anything that is done and doesn't favor moving forward until those controls
are in place.
Councilmember Fincher communicated that she favors public lands and wants to see if
there are any management companies out there to look at this and see if it can be
saved. However, the City needs to pull itself out of the debt.
Councilmember Boyce added that any type of company that can help with this issue is
preferred.
Councilmember Ralph also pondered if there is any golf management company that
can offer the City a plan. Watling communicated that there are several golf consultant
companies out there which offer those services. However, there is a financial cost to
it, he said.
Brubaker said he is skeptical that there is any company that can offer a solution to
take over, clear the debt, and operate the course. They would also need to address
the improvements that are needed, he pointed out. He warned that the repairs on the
course are not small and the issue is complex. He concluded that the entire complex
is losing money and the only way to fix it is to sell the Par 3.
Councilmember Higgins requested proposals or qualifications from golf consultant
firms in an RFP/RFQ process to be outside operators of the course.
Brubaker questioned if the City staff should also move to also look at buyers of the
property at the same time because if the Council doesn't express a serious interest in
selling the course there won't be any development interest.
Councilmember Higgins said that the Council is obviously interested in selling the
property or this discussion wouldn't be occurring. He also noted that he isn't
foreclosing the idea of coming up with a solution to solve all three of the issues,
either.
Councilmember Ranniger inquired if it would be best to look for an operator to solve
the three issues first, then if no one is found, move to find a buyer.
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Kent City Council Workshop Minutes March 4, 2014
Wolters confirmed that it makes sense to exhaust all possible opportunities to find an
operator to manage the property, then if none surface, look to any developers who
would want to develop it.
Councilmember Thomas communicated that no one would want to take over $2.6
million in debt. He felt the development of the property and working on the controls is
the way to go.
Councilmember Ranniger restated that its best to first determine if there are any golf
management operators who could offer a solution, then look for possible developers if
there are none who would be interested.
Watling communicated that the process would take six months to determine if there is
a golf management company who would handle the course.
Councilmember Boyce agreed with determining if there is a golf management
company out there first, then moving forward with the sale if there isn't.
Councilmember Ranniger communicated that while a management company is being
sought, the controls which would go along with the possible sale could be determined.
However, she felt that an outside operator could handle one, but not all three of the
problems that exist with the complex.
Councilmember Fincher felt that a last look is warranted and if a management firm
doesn't take this over, it would be a good time to look at what the City wants to see
in this new space that might be developed.
Watling said he would want it clearly stated in the RFP what the state of the current
golf complex is.
Councilmember Ralph summarized that the consensus is to go forward with the RFP
for a golf management company to handle the golf complex.
Watling stated that his goal is to find a sustainable solution to the golf complex.
Councilmember Ralph said this is something that the Council takes extremely
seriously and this is a step forward.
The meeting adjourned at 6:51 p.m.
Ronald F. Moore, MMC
City Clerk
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KENT
Kent City Council Meeting
March 4, 2014
The regular meeting of the Kent City Council was called to order at 7:01 p.m. by
Mayor Cooke.
Councilmembers present: Boyce, Fincher, Ralph, Ranniger, and Thomas.
Councilmember Higgins arrived at 7:02 p.m.
CHANGES TO THE AGENDA
A. From Council, Administration, Staff. Council President Ralph removed items M
and N from the Consent Calendar.
B. From the Public.
PUBLIC COMMUNICATIONS
A. Oath of Office, Councilmember Fincher. City Clerk, Ronald F. Moore,
administered the Oath of Office to Councilmember Fincher who was appointed to
Council Position No. 6. Councilmember Fincher introduced her family and friends who
were in the audience.
Council President Ralph communicated that Councilmember Fincher will serve on the
Public Works Committee and the Parks and Human Services Committee.
B. Public Recognition. Council President Ralph communicated that she attended
Sarafina! last Friday which was put on by the teens at the Kent Community Center
Phoenix Academy. She said it was a great production. Mayor Cooke also added that a
City volunteer, Ty Whitfield assists the youth in the community and she worked with
them to make this play happen.
Council President Ralph also applauded the Kentridge Robotics Team for winning the
Innovation Award at the robotics competition at the Auburn Mountainview Academy.
She added that her son is a member of the team. She also thanked the Parks and
Recreation Department for the Kent Kids Arts Day.
Councilmember Boyce wished Councilmember Higgins a happy birthday and the
Council and audience sang "Happy Birthday" to him. Councilmember Higgins
introduced his wife and daughter in the audience.
Mayor Cooke thanked Acting City Attorney Fitzpatrick for his great work and testimony
in the Washington State Court of Appeals on February 24. She stated that he handled
the questions from the judges very well.
Interim Chief Administrative Officer Brubaker communicated that Fitzpatrick is a very
talented attorney and his testimony and work is unparalleled.
Kent City Council Meeting Minutes March 4, 2014
Acting City Attorney Pat Fitzpatrick thanked Kim Komoto, Legal Analyst and Robert
Goehring, City Auditor. He noted that it will take three to six months for the City to get
a response on the appeal.
Mayor Cooke pointed out that our case is a civil case.
Mayor Cooke stated that Bob Nelson, the director of the Oscar-nominated film
"Nebraska" graduated Kentridge High School.
Councilmember Higgins recognized the Kentridge Girls basketball team and Kentwood
Boys basketball team for their participation in the Washington State basketball
tournament and wished them luck.
Mayor Cooke recognized all high school seniors who are preparing for their oral
presentations this week at Kent-Meridian and Kentridge high schools.
C. Community Events. None.
D. Legislative Update. Michelle Wilmot, Public Information Officer, reported on the
session in Olympia. She stated the session is slated to end on March 13. She said
there hasn't been a lot of activity on our top priority items. Yesterday, she noted that
the deadline for the items to pass out of the budget and transportation committees,
otherwise they would be considered dead for this session. Wilmot highlighted that this
Friday is the last day for the house to consider bills from the senate and for the senate
to consider bills from the house, unless they are budget related. She noted the senate
passed their operating and capital budgets last week and the house passed its
operating and capital budgets out of committee, not the house floor. The
transportation budget has passed both the senate and house. However, this has
nothing to do with the transportation investment package. She communicated that a
multi-billion legislative transportation package was introduced last week for major
projects, but it has some issues with moving forward, such as an 11.5 cent sales tax
on gas. She also noted that another challenge is that this legislation calls for sales tax
collected for transportation projects to go to transportation funding, instead of the
general fund. She communicated that there is $9 million in streamlined sales tax and
annexation sales tax credits and those funds are needed by Kent and look to be
untouched in both of the budgets. As far as liquor revenues, the City's lobbyist noted
that it looks like there will be a battle between how liquor revenues and future
marijuana revenues are distributed. She noted that the City receives about $920,000
in liquor revenues per year and both the senate and house budgets don't offer any
restoration of those revenues. She reported that the City's capital budget request for
the remaining $600,000 for the 228th connection is included in the house capital
budget. Additionally, she said the house and senate capital budgets include flood
control funding for $25 million. Wilmot discussed the statewide gangs database and
reported that those funds aren't in any of the budgets, but Senator Fain is supportive
of this item. The house operating budget has about a $500,000 grant program for
gang intervention. She noted the measure to have cities have more public works
projects brought in-house was approved by the house and is in the senate.
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Kent City Council Meeting Minutes March 4, 2014
Mayor Cooke communicated that in 2009 the bill lowered the cap for in-house projects
from $90,000 to $65,000. She added that the request is to increase the limit to
$125,000.
E. Intergovernmental Reports. Council President Ralph communicated that the
Regional Law Safety and Justice committee met last Thursday and a discussion
occurred about public defense and a finding that cities have been preventing indigent
people from adequate counsel. This has generated a lot of discussion and a limit has
been set to 400 cases per year. She noted that there is more to come and will have a
budget impact in the future as this will lead to move defense staff being required in
the City's jails.
Acting City Attorney noted that Brubaker, Human Services, and himself have met. He
said they are going to make revisions to their process to ensure they comply with the
new rules.
Councilmember Higgins highlighted that the Sound Cities Association Board of
Directors approved to hire a replacement for Monica Whitman who was hired by the
City of Kent and to create a subcommittee to determine how to fund one additional
staff member. He added that the Regional Transit Committee met and discussed the
actions of the King County Council to create a Transportation Benefit District (TBD)
and move forward to the ballot in April an issue to implement a $60 car tab fee and a
one-tenth of 1% sales tax for transportation. The split would be 60% to King County
and 40% to cities with Kent receiving $3.1 million. Additionally, a low income fare
would be implemented. He noted that the King County Council acting as the TBD
passed this by a 9-0 vote.
PUBLIC HEARINGS
None.
PUBLIC COMMENT
1. Heidi Wills, Seattle - Spoke on behalf of First Tee, Inc. She noted that it is a national
organization to serve the youth through the game of golf. This organization serves the
needs of children. She stated that First Tee works with 35 physical education teachers
in the schools and serving 14.000 students who use Riverbend Golf Course. She said it
seems to be an easy solution to sell the course, but safe places are needed for the
youth to use.
2. Evan Johnsen, Seattle - Spoke as the program director of First Tee. Johnsen said his
interest is in the youth and taking care of those in the general community. The needs
of the youth can't be met in schools or in family and their education is supplemented
by the golf course, he said. He said they have done their due diligence and Riverbend
is the only location for them to do their training. He asked the Council to do everything
in its power, but either keep the Par 3 or the training facility that was discussed in the
workshop.
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Kent City Council Meeting Minutes March 4, 2014
Councilmember Ranniger communicated that this isn't an easy decision and that this is
very difficult. She said this decision is still on hold for at least another six months so
the Council can find a solution for all users and the community to work on it.
3. Zachary Lockhart, Des Moines - Discussed the possible sale of the Par 3 golf course.
He communicated that he has met many friends there and that the course is great.
CONSENT CALENDAR
Council President Ralph moved to approve Consent Calendar Items A through
L, seconded by Councilmember Thomas.
A. Minutes of the workshop and regular Council meeting of February 18, 2014
and special meeting of February 25, 2014 — Approve. The minutes of the
workshop and regular Council meeting of February 18, 2014 and special meeting of
February 25, 2014 were approved.
B. Payment of Bills — Approve. The Council approved the payment of the bills
received through January 15 and paid on January 15 after auditing by the Operations
Committee on February 18, 2014.
C. Excused Absence for Councilmember Berrios - Approve. The Mayor was
authorized to approve an excused absence for Councilmember Berrios who is unable to
attend the March 4, 2014 Council meeting.
D. B&O Tax Exemptions and Deductions Ordinance - Adopt. Ordinance No.
4106, amending Chapter 3.28 of the Kent City Code, to adopt additional exemptions
and deductions and to clarify a portion of the square footage tax component of the
City's B&O tax.
E. New Water Superintendent I Classification - Approve. The Mayor was
authorized to add the Water Superintendent I classification as a recognized
classification within budget documents subject to final terms and conditions acceptable
to the Human Resources Director and Public Works Director.
F. Position Change from Supervisor to Special Proiects Manager - Approve.
The Mayor was authorized to approve a position change in the Public Works
Department from Supervisor to Special Projects Manager subject to final terms and
conditions acceptable to the Human Resources Director and Public Works Director.
G. Consultant Agreement for the Green River Trail Proiects from Veterans
Drive to Three Friends Fishing Hole — Authorize. The Mayor was authorized to
sign the Consultant Agreement with the Berger Partnership, P.S. for $161,555.00 to
provide landscape architectural services for two projects along the Green River Trail,
subject to final terms and conditions acceptable to the City Attorney and the Parks
Director.
H. Land O' Frost Donation Agreement - Authorize. The Mayor was authorized to
accept the $19,000 donation from Land 0' Frost for the 2014 season of youth sports
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Kent City Council Meeting Minutes March 4, 2014
programs and authorize the Mayor to sign the donation agreement, subject to final
terms and conditions acceptable to the City Attorney and the Parks Director.
I. 2014 Washington State Slo-Pitch Umpires Association Agreement -
Authorize. The Mayor was authorized to sign the Washington State Slo-pitch Softball
Umpires Association Agreement for the 2014 season, subject to final terms and
conditions acceptable to the City Attorney and the Parks Director.
J. Fire Station #74 Data Center Remodel Agreement with Dutton Electric
Company, Inc. — Authorize. The Mayor was authorized to sign the contract with
Dutton Electric Company, Inc. to perform all work for the new city-wide Data Center at
Fire Station #74 in the amount of $53,232.33, including WSST, subject to final terms
and conditions acceptable to the City Attorney and the Parks Director.
K. 2013 Fourth Ouarter Fee-in-Lieu Funds — Accept. The Mayor was authorized to
accept $7,875.00 for fourth quarter 2013 fee-in-lieu funds and authorizing the
expenditure of funds in the Garrison Creek Park Budget.
L. Malik Ridge Final Plat — Approve. The Mayor was authorized to approve the final
plat for Malik Ridge and authorize the Mayor to sign the mylars.
M. Boeing Company — Release and Cancellation of Sanitary Sewer Easement —
Approve. The Mayor was authorized to approve a Release and Cancellation of the
Sanitary Sewer Easement with the Boeing Company, subject to final terms and
conditions acceptable to the Public Works Director and City Attorney.
N. Boeing Company — Release and Cancellation of Public Turnaround
Easement — Approve. The Mayor was authorized to approve the Release and
Cancellation of the Public Turnaround Easement with the Boeing Company, subject to
final terms and conditions acceptable to the Public Works Director and City Attorney.
OTHER BUSINESS
A. Consultant Services Contract with Karras Consulting — Authorize. - Lorraine
Peterson, Human Resources Director discussed the item. She noted that this item was
brought to the Operations Committee in September and $3,700 was spent in
advertising the position. She noted that the City received some responses, but yielded
no fully qualified applicants. Additionally, she stated that the three reasons Karras can
do this recruitment are first, the Human Resource Department isn't staffed to do
executive searches. She noted that executive searches utilize a lot of resources and
entail doing full candidate profiles, having an executive database, and doing
background checks. She pointed out that Karras utilizes its database and contacts
possible highly qualified executive candidates about vacant positions. She
communicated that another positive in using Karras Consulting is that they have had
very successful recruitments in the State of Washington. She communicated that
Karras also limits the number of recruitments they handle at one time in order to give
their clients the attention they deserve. Patterson explained that Karras has great
references and they are experienced in networking and finding the right candidate.
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Kent City Council Meeting Minutes March 4, 2014
Councilmember Fincher questioned if the salary range here in Kent would be sufficient
to attract a candidate who is currently comfortable in their present position and
Peterson commented that our package is very acceptable. Furthermore, she
communicated that it would take about 12 weeks to identify a proper candidate for the
Chief Administrative Officer (CAO) position.
Councilmember Higgins inquired if the funds for this executive recruitment were
budgeted and Peterson said it wasn't and it would need to come out of the general
fund. Assistant Finance Director Paula Barry added that budget funds from vacant
positions could be used for this expenditure.
Mayor Cooke highlighted that normally an organization doesn't know when an
executive search would be needed. Councilmember Thomas added that the Council did
know when the CAO position was vacated and when the Finance Director was retiring,
so it could have been budgeted.
Councilmember Boyce moved to authorize the Mayor to execute a Consultant
Services Agreement with Karras Consulting to conduct searches for the Chief
Administrative Officer and Finance Director, in an amount not to exceed
$60,212, plus limited travel costs, upon approval of final terms and conditions
by the Human Resources Director and City Attorney, seconded by Council
President Ralph.
Councilmember Boyce communicated that he approves of this. He said he wanted
Patterson to do an initial recruitment and she did that did a great job at explaining
how this works in the human resource environment. He stated that it is important at
this level that the City gets the right people for the right job. He noted that Karras
Consulting has done a great job at filling positions throughout the state and that these
are two critical positions in the City that need to be filled.
Council President Ralph communicated that she has some concerns, but respects the
authority of the Mayor and will approve this contract.
A vote was taken on the motion on the table which carried 5-1.
Councilmember Thomas opposed.
Mayor Cooke thanked the Council in helping her find the best persons to perform in
these positions.
BIDS
REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES
A. Council President. Council President Ralph noted that at the workshop the B&O
List was discussed and consensus was obtained from the Council. There was also
discussion on the Par 3 Golf Course at the workshop and the Council received a
presentation from Brubaker and Watling. She noted that after a painful conversation
the decision was to put out an RFP for a golf management company who could operate
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Kent City Council Meeting Minutes March 4, 2014
the site. She said there are three issues debt, reinvestment, and repair of the facility.
She said the RFP could take up to six months.
B. Mayor. Mayor Cooke discussed the Puget Sound Regional Council meeting and coal
and oil trains. She said that she will send the notes out and report from the future
special meeting to the Council. She said she will also have the Public Works Committee
to go into more depth to educate the local population on the trains that will be over a
mile long. She added that she wants to have the communication include congestion
and possible health effects. She noted that Washington has a responsibility to prepare
cities for the emergency management part of this.
Councilmember Higgins confirmed he will bring the issue up in his Public Works
Committee meeting.
Council President Ralph communicated that she has been speaking with the
Emergency Management Planning Department and they are onboard with the potential
hazards this brings and getting the City prepared for this in the future.
Mayor Cooke added that preparing for this scenario doesn't mean the City won't be
opposing this.
C. Administration. No report.
D. Economic & Community Development Committee. Councilmember Boyce said
there will be a meeting on Monday at 5:00 p.m. He is attending the first Regional Air
Quality Board meeting tomorrow at 2:00 p.m.
E. Operations Committee. In the minutes.
F. Parks and Human Services Committee. Councilmember Ranniger
communicated that the Riverbend Golf Complex will be brought to a future committee
meeting.
G. Public Safety Committee. Council President Ralph noted that there was no
meeting last month and the meeting is next Tuesday, March 11 at 4:30 p.m.
H. Public Works Committee. No report.
I. Regional Fire Authority. No report.
Mayor Cooke reopened public comment.
1. Drew Romine, Kent — Romine communicated that he is a member of First Tee and
uses the Par 3. He said he uses it a lot. He added that his family also loves the course.
2. Hayden Myers, Kent — Myers communicated that he also loves the Par 3 golf course.
He noted that a 77-year old golfer got a 2 with his hybrid club on the fifth hole.
EXECUTIVE SESSION
7
Kent City Council Meeting Minutes March 4, 2014
No executive session was held.
ADJOURNMENT
The meeting adjourned at 9:01 p.m.
Ronald F. Moore, MMC
City Clerk
8
KENT Agenda Item: Consent Calendar - 7C
TO: City Council
DATE: March 18, 2014
SUBJECT: Appointment to the Kent Civil Service Commission - Confirm
MOTION: Confirm Mayor Cooke's appointment of Jeff Piecewicz to the
Kent Civil Service Commission for the remainder of Jim Berrios' six- year
term.
SUMMARY: I am delighted to recommend appointment of Jeff Piecewicz to the vacant
position on the Civil Service Commission. The vacancy was created when Jim Berrios
was elected to the City Council. The remainder of his term will expire on April 30,
2018.
Mr. Piecewicz has varied interests in the Kent community. He currently serves on the
Kent Public Facilities District Board, Citizens' Police Academy, Society for Human
Resource Management, Habitat for Humanity, Children's Ministries and the Special
Olympics, to name a few.
Jeff served 20 years in the United States Air Force. He received his B.S. in
Mathematics & Physical Science from Troy State University, his M.S. in Human
Services Management from Chapman University, and an MBA in Project Management
from City University of Seattle. His wealth of education, training and experience will
add value to his role on the Civil Service Commission.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
This page intentionally left blank.
40.
•
KENT Agenda Item: Consent Calendar — 7D
TO: City Council
DATE: March 18, 2014
SUBJECT: Appointment to the Kent Human Services Commission — Confirm
MOTION: Confirm appointment of Amelia Drake to the Kent Human
Services Commission to fill the vacant youth position for a two—year term
expiring January 1, 2016.
SUMMARY: Confirm appointment of Amelia Drake to the Kent Human Services
Commission to fill the vacant youth position for a two-year term — ending January 1,
2016.
I am pleased to recommend appointment of Amelia Drake to the Human Services
Commission.
Amelia is a freshman at Kent-Meridian High School where she holds a 4.0 GPA. She is
a member of the varsity soccer team, plays violin in the orchestra and is involved with
the Interact club — a service club at Kent Meridian that works with the Rotary club of
Kent.
Amelia cherishes Kent Meridian High School's diversity and feels fortunate to have the
opportunity to serve on the Human Services Commission representing youth, and
hopes that her service will make a difference in our community.
EXHIBITS: None
RECOMMENDED BY: Mayor Cooke
BUDGET IMPACTS: None
This page intentionally left blank.
KENT
° Agenda Item: Consent Calendar - 7E
TO: City Council
DATE: March 18, 2014
SUBJECT: Cumulative Contributions - Traffic School and Target Zero Teams
Funds - Accept
MOTION: Authorize the Mayor to accept current Traffic School contribution
fund balance of $79,600 and the Target Zero Teams grant fund balance of
$62,708, authorize amending the budget and authorize expenditure of the
funds in accordance with the grant terms and conditions acceptable to the
Police Chief and City Attorney.
SUMMARY: The city of Kent Police Department receives contributions and grant
donations for both the Traffic School and Target Zero Teams (impaired driving
enforcement) funds throughout the year. The donations range from $100 to $25,000.
Since the cumulative contributions received into these two accounts have not
previously been approved and accepted by the council and the combined total exceeds
$5,000, the Police Department seeks approval and acceptance of the funds in order to
maintain compliance with current Finance Department requirements.
EXHIBITS: None
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: Unanticipated Income
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•
Nl- KENT Agenda Item: Consent Calendar- 7F
TO: City Council
DATE: March 18, 2014
SUBJECT: $15,000 State Farm Grant - Citywide Illegal Street Racing
Enforcement/Education Campaign - Accept
MOTION: Authorize the Mayor to accept the $15,000 grant from State Farm
Insurance to implement a citywide illegal street racing campaign including
enforcement and community outreach, and authorize amending the budget
and expenditure of the funds in accordance with the grant terms and
conditions acceptable to the police chief and city attorney.
SUMMARY: The Kent Police Department received a $15,000 grant from State Farm
Insurance to implement a citywide illegal street racing program to include
enforcement and education components. The Police Department will implement the
high visibility enforcement model which has been successful in other areas of traffic
safety. The grant will fund enforcement by officers and a media/community outreach
component.
EXHIBITS: Acknowledgement of Contribution
RECOMMENDED BY: Public Safety Committee
BUDGET IMPACTS: Unanticipated Income
This page intentionally left blank.
i
ACKNOWLEDGMENT OF CONTRIBUTION
Internal Use Only By
Corporate Public Affairs
Please complete ALL sections.
ThePAR Kent
K.erit Police Departn-ienf Kent J1A
(name of organization as filed, no abbreviations) (city) (state)
acknowledges the receipt of State Farm Mutual Automobile Insurance Company's charitable contribution of
$15.000,00 which was received on Nlarc,h 4 2014 . (date)
PART B.
(Our records indicate that$15,000.00 is a charitable gift to your non-profit organization. Was any portion of this
contribution a direct,tangible benefit back to State Farm? For example: booth, table, or advertising. Please verify below.)
Were any goods or services provided to State Farm in consideration of this contribution?
V
No
Yes(if yes, on the line below, give a description and the value of the goods or services)
i
$
PART C.
Please indicate whether your organization is qualified or non-qualified as described in IRC
Section 601(c)(3), 170(c)(1) or 115(1). See note below.
X h <�rr7vntnunt
Qualified Non-Qualified N/A or Other: Specify' '
Note: In general, an organization qualifies under section 501(c)(3) if it Is a nonprofit group that meets the definition of a
charitable organization as prescribed in the Internal Revenue Code. An organization seeking recognition of exempt status
under section 501(c)(3) must file Form 1023 with the district director for the IRS district in which the organization is
located, Organizations may qualify under section 170(c)(1) if they are a governmental unit of the state or a political
subdivision of the state. Political subdivisions of a state are entities with one or more of the sovereign powers of the state
such as the power to tax. Typically they include counties or municipalities and their agencies or departments.An entity
that is not a political subdivision but that performs an essential government function may qualify under section 115(1).
PART D.
By signing below, I hereby agree that the above statements are correct regarding the amount and receipt of the
contribution, the value of goods or services provided, and the organization's status according to Section 501(c)(3),
170(c)(1)or 115(1).
Su efte CookF JI<rvr)r
Name(printed) Title
Signature Date
Kent Police Department
Kent, WA
Request ID 11616727
2014 DO
You may mail completed form OR fax to: (309) 766-2314
This page intentionally left blank.
KENT
Agenda Item: Consent Calendar - 7G
TO: City Council
DATE: March 18, 2014
SUBJECT: Ordinance Amending KCC 9.02 Correcting Code Sections for Menacing
and Lewd Conduct - Adopt
MOTION: Adopt Ordinance No. amending Chapter 9.02 correcting
code sections for menacing and lewd conduct.
SUMMARY: On September 3, 2013, Council adopted ordinance No. 4087,
establishing the crime of menacing in the city of Kent. That ordinance was codified in
Section 9.02.295 of the Kent City Code.
On January 21, 2014, the Council adopted ordinance No. 4102 aimed at criminalizing
lewd conduct. This ordinance contained three new code sections. One of the code
sections was a definition section that was also codified in Section 9.02.295.
The two ordinances were codified in the same section of the Kent City Code due to the
fact that, at the time the lewd conduct ordinance was prepared, the code book had not
been updated to show the addition of the menacing ordinance in KCC 9.02.295. This
technical error requires the passage of an ordinance to recodify the crime of menacing
and reenact the code sections relating to the crime of lewd conduct.
This ordinance clarifies that the crime of menacing is recodified at section 9.02.293 of
the Kent City Code. The code sections relating to lewd conduct, which include a
definition section, the crime of lewd conduct, and the crime of facilitating lewd
conduct, will be reenacted in KCC sections 9.02.295, 9.02.296, and 9.02.297
respectively.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, recodifying the crime of
menacing and reenacting the code sections related
to the crime of lewd conduct.
RECITALS
A. On September 3, 2013, Council adopted ordinance No. 4087,
establishing the crime of menacing in the city of Kent. That ordinance was
codified in Section 9.02.295 of the Kent City Code.
B. On January 21, 2014, the Council adopted ordinance No.
4102 aimed at criminalizing lewd conduct. This ordinance contained three
new code sections. One of the code sections was a definition section that
was also codified in Section 9.02.295.
C. The two ordinances were codified in the same section of the
Kent City Code due to the fact that, at the time the lewd conduct ordinance
was prepared, the code book had not been updated to show the addition of
the menacing ordinance in KCC 9.02.295.
D. This technical error requires the passage of an ordinance to
recodify the crimes of menacing and reenact the code sections relating to
the crime of lewd conduct.
1 Recodify/Reenact KCC 9.02
Ordinance
E. This ordinance clarifies that the crime of menacing is
recodified at section 9.02.293 of the Kent City Code. The code sections
relating to lewd conduct, which include a definition section, the crime of
lewd conduct, and the crime of facilitating lewd conduct, will be reenacted
in KCC sections 9.02.295, 9.02.296, and 9.02.297 respectively.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — RecodifY. Section 9.02.295 of the Kent City Code
entitled "Menacing," as passed in Ordinance 4087, is hereby recodified as
KCC 9.02.293 as follows:
Sec. 9.02.293. Menacing. A person is guilty of the crime of
menacing when he or she intentionally follows or surveils another person
and/or engages in a course of conduct that is intended to place a person in
reasonable fear of bodily injury as that phrase is defined in RCW
9A.04.110.
"Follows", as used in this section, means deliberately maintaining
visual observation and/or physical proximity of a specific person or persons
over a continuous period of time.
Violation of this section is a misdemeanor, the maximum penalty of
which is ninety (90) days in jail and a one-thousand dollar ($1,000.00)
fine.
2 Recodify/Reenact KCC 9.02
Ordinance
SECTION 2. — Reenact. Section 9.02.295 entitled "Definitions,"
Section 9.02.296 entitled "Lewd conduct," and Section 9.02.297 entitled
"Facilitating lewd conduct" of the Kent City Code, all enacted in Ordinance
4102, are reenacted as follows:
Sec. 9.02.295 Definitions. The following words and phrases,
wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300
and 9.02.310, shall have the meanings ascribed to them in this section
except where otherwise defined and unless the context shall clearly
indicate to the contrary:
A. Expressive conduct means any dance, opera, musical, dramatic
work, or other exhibition or performance, whether or not part of an
organized or formal event that constitutes protected speech under the
federal or state constitution.
B. Known prostitute, a person known to patronize prostitutes, or a
person known to advance prostitution means a person who within one (1)
year previous to the date of arrest for violation of this section has, within
the knowledge of the arresting officer, been convicted of an offense of
prostitution, patronizing a prostitute, prostitution loitering, permitting
prostitution, or promoting prostitution whether or not such conviction
occurs under the Revised Code of Washington or comparable laws of
municipalities in the state of Washington.
C. Patronizing a prostitute shall have the same meaning as set forth in
RCW 9A.88.110 as now enacted or later amended or recodified.
D. Prostitution means to engage or agree or offer to engage in sexual
conduct for a fee, reward, exchange of any item or service, or promise, but
3 Recodify/Reenact KCC 9.02
Ordinance
does not include sexual conduct engaged in as part of any stage
performance, play, or other lawful and properly licensed entertainment
open to the public.
E. Public place means an area generally visible to public view including
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not) and any place in which the general
public has a right to be present or view, whether or not conditioned upon
payment of a fee, and includes, but is not limited to, buildings open to the
general public, including those which serve food or drink or provide
entertainment or sell product, and the windows, doorways and entrances
to buildings or dwellings and the grounds enclosing them, and structures
from which customers can be served through a drive-up or walk-up
window, door, or other means, whether or not access is restricted
according to age.
F. Public place provided or set apart for nudity means an enclosed
public restroom, an enclosed functional shower or locker room facility, an
enclosed sauna, a motel room or hotel room designed and intended for
sleeping accommodations, the location of a bona fide private club whose
membership as a whole engages in social nudism or naturalism (a nudist
resort or camp), and any similar public places in which nudity is
necessarily and customarily expected outside of the home.
G. Sexual conduct shall mean "sexual intercourse" or "sexual contact"
as defined in RCW 9A.44.010 as currently enacted or later amended or
recodified.
H. Walking or otherwise conducting oneself in a sexual manner shall
mean the swaying of hips, drawing attention to one's buttocks, legs, or
4 Recodify/Reenact KCC 9.02
Ordinance
breasts, grabbing oneself in the genitals or breasts, blowing kisses, or
using one's body or any part thereof to simulate sexual conduct.
Sec. 9.02.296. Lewd conduct
A. A person is guilty of lewd conduct if, in a public place and under
circumstances where such conduct is likely to be observed by a member of
the public, the person intentionally:
(1) Exposes any of his or her body parts without a full and
opaque covering:
(a) Any part of the male or female genitals, pubic hair,
pubic area, perineum, anus, or bottom one-half of the anal cleft;
(b) Any part of the areola or nipple of the female breast; or
(c) More than one-half of the part of the female breast
located below the top of the areola;
(2) Exposes the male genitals in a discernibly turgid state, even if
fully and opaquely covered;
(3) Touches, caresses, or fondles the genitals or female breast,
whether clothed or unclothed with the intention of sexual arousal or one's
self of others;
(4) Masturbates; or
(5) Engages in sexual intercourse or sexual contact as those
terms are defined in chapter 9A.44 RCW.
5 Recodify/Reenact KCC 9.02
Ordinance
B. Body paint, body dye, tattoos, latex, tape, or any similar substance
applied to the skin surface, any substance that can be washed off the skin,
or any substance designed to simulate or by which by its nature simulates
the appearance of the anatomical area beneath it, is not full and opaque
covering within the meaning of this section.
C. This section shall not be construed to prohibit:
(1) The act of breastfeeding or expressing breast milk;
(2) Classes, seminars, and lectures held for serious scientific or
educational purposes;
(3) Expressive conduct that is not obscene, subject to the time,
place, and manner restrictions contained in chapter 5.10 KCC or other law;
(4) Conduct of licensed adult entertainers within adult
entertainment dance studios operating pursuant to chapter 5.10 KCC;
(5) Conduct of licensed employees working in adult businesses
operating pursuant to chapter 5.10 KCC, provided the conduct is not
exposed to a person under 18 years of age; or
(6) Conduct of a child under 10 years of age.
D. Lewd conduct is a misdemeanor.
Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee,
manager, operator, or other person in charge of a public place is guilty of
facilitating lewd conduct if the person knowingly permits, encourages, or
6 Recodify/Reenact KCC 9.02
Ordinance
causes to be committed lewd conduct as defined in KCC 9.02.296.
Facilitating lewd conduct is a misdemeanor.
SECTION 3. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4. — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTIONS. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY
7 Recodify/Reenact KCC 9.02
Ordinance
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civi1\0rdinance\9.02Amend Reenact Docx
8 Recodify/Reenact KCC 9.02
Ordinance
KENT
Agenda Item: Consent Calendar - 7H
TO: City Council
DATE: March 18, 2014
SUBJECT: Ordinance Amending KCC 13.05.050 - Fireworks Penalty - Adopt
MOTION: Adopt Ordinance No. amending KCC 13.05.050, entitled
"Penalty," amending the penalty for the unlawful sale, possession, or
discharge of fireworks from a criminal offense to a class 1 civil infraction.
SUMMARY: Currently, under the Kent City Code, the unlawful possession, sale or
discharge of fireworks constitutes a criminal offense. Each year, the City receives
numerous complaints regarding the unlawful discharge of fireworks. However, unless
a commissioned officer views the actual discharge or possession of the fireworks, the
officer is unable to issue a criminal citation. This results in very few prosecutions of
fireworks violations.
In addition, the investigation and preparation of a criminal case can be quite time
consuming. This puts pressure on officers who deal with high call volumes during the
days preceding, including, and following July 4.
It is the Police Department's desire to have a better tool to enforce regulations
regarding the discharge, possession and sale of fireworks. Changing the violation of
these regulations from a criminal offense to a class 1 civil infraction will result in a
more efficient use of police resources, and should make it easier for commissioned
officers to make a real impact by increasing the number of violations prosecuted by
the City.
This ordinance will reduce the offense relating to the sale, purchase, possession or
discharge of fireworks from a misdemeanor carrying a maximum penalty of 90 days in
jail and a $100 fine, to a class 1 civil infraction carrying a maximum penalty of $250.
EXHIBITS: Ordinance
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
ORDINANCE NO.
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
13.05.050, entitled "Penalty," amending the
penalty for unlawful possession of fireworks from a
criminal offense to a class 1 civil infraction.
RECITALS
A. Currently, under the Kent City Code, the unlawful possession,
sale or discharge of fireworks constitutes a criminal offense. Each year,
the City receives numerous complaints regarding the unlawful discharge of
fireworks. However, unless a commissioned officer views the actual
discharge or possession of the fireworks, the officer is unable to issue a
criminal citation. This results in very few prosecutions of fireworks
violations.
B. In addition, the investigation and preparation of a criminal
case can be quite time consuming. This puts pressure on officers who deal
with high call volumes during the days preceding, including, and following
July 4.
C. It is the Police Department's desire to have a better tool to
enforce regulations regarding the discharge, possession and sale of
fireworks. Changing the violation of these regulations from a criminal
1 Amend KCC 13.05.050
Ordinance
offense to a class 1 civil infraction will result in a more efficient use of
police resources, and should make it easier for commissioned officers to
make a real impact by increasing the number of violations prosecuted by
the City.
D. This ordinance will reduce the offense relating to the sale,
purchase, possession or discharge of fireworks from a misdemeanor
carrying a maximum penalty of 90 days in jail and a $100 fine, to a class 1
civil infraction carrying a maximum penalty of $250.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Amendment. Section 13.05.050 of the Kent City
Code, entitled "Penalty," is hereby amended as follows:
Sec. 13.05.050. Penalty. ns of
KCC 15.05.010 shall be deemed to have committed a class 1 civil
infraction as set forth in RCW 7.80.120. An infraction issued pursuant to
this section shall be filed in the Kent Municipal Court and aracessed in the
same manner as other infractions filed in the Kent Municipal Court. Any
person violating the provisions of KCC " '.^�.^"^, 13.05.020, or
13.05.030 shall be guilty of a misdemeanor, and shall be punished by
imprisonment not to exceed ninety (90) days and a fine not to exceed one
thousand dollars ($1,000). Any person violating the provisions of KCC
13.05.040 shall be guilty of a gross misdemeanor and shall be punished by
imprisonment not to exceed one (1) year and a fine not to exceed five
thousand dollars ($5,000). A person is guilty of a separate offense for each
2 Amend KCC 13.05.050
Ordinance
day during which he or she commits, continues, or permits a violation of
the provisions of this chapter.
SECTION 2. — Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 3. — SeverabilitY. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, that
decision shall not affect the validity of the remaining portion of this
ordinance and that remaining portion shall maintain its full force and
effect.
SECTION 4. — Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, as
provided by law.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR FITZPATRICK, ACTING CITY ATTORNEY
3 Amend KCC 13.05.050
Ordinance
PASSED: day of 2014.
APPROVED: day of 2014.
PUBLISHED: day of 2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civi1\0rdinance\13.05 Hremrk.Wcx
4 Amend KCC 13.05.050
Ordinance
KENT
Agenda Item: Consent Calendar - 7I
TO: City Council
DATE: March 18, 2014
SUBJECT: Boeing Company - Release and Cancellation of Sanitary Sewer
Easement - Approve
MOTION: Authorize the Mayor to approve a Release and Cancellation of the
Sanitary Sewer Easement with the Boeing Company, subject to final terms
and conditions acceptable to the Public Works Director and City Attorney.
SUMMARY: The Public Sanitary Sewer Easement entered into between the City and
the Boeing Company on February 5, 2003 is no longer needed and both parties desire
to release and cancel the Easement.
EXHIBITS: Draft Release and Cancellation of Sanitary Sewer Easement
RECOMMENDED BY: Operations Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
AFTER RECORDING RETURN TO:
Engineering Department
City of Kent
400 West Gowe St.
Kent, Washington 98032
Attn: Property Services
Reference Number of Related Document: 20030213000922
GRANTOR: CITY OF KENT
GRANTEE: THE BOEING COMPANY, a Delaware corporation
SHORT LEGAL: Lot 5 of LL Seg. 20021224002059
ASSESSOR'S PROPERTY TAX PARCEL: 022204-9065
Project: Pacific Gateway
RELEASE AND CANCELLATION OF EASEMENT
This Release and Cancellation of Easement is made this day
of , 2014, by the City of Kent, a Washington municipal corporation
("City").
RECITALS
A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered
into that certain Public Sanitary Sewer Easement dated February 5, 2003, and
recorded under King County Auditor's Recording Number 20030213000922
("Easement"), which granted an easement for the installation, operation,
maintenance, extending, construction, altering, reconstructing and repair of a
sanitary sewer, including necessary appurtenances.
B. Boeing has requested cancellation of the Easement and City has determined
that the Easement is no longer necessary.
C. City and Boeing have determined that it is in their mutual best interest to
cancel the Easement.
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 1 of 4
RELEASE AND CANCELLATION
1. The parties have signed this Release and Cancellation of Sanitary Sewer
Easement effective as of the last date signed below. The Easement is hereby
recognized as cancelled and terminated, and City releases all of its right, title and
interest in the Easement, recorded as Document Number 20030213000922, and
encumbering the following real property in King County, Washington, legally
described in Exhibit "A" and depicted in Exhibit "B" attached hereto and
incorporated herein by this reference.
2. Once canceled and terminated, the rights and responsibilities of both parties
to the Easement, under the terms of said Easement agreement, have no further
force or effect.
3. The terms, covenants and conditions of this Release and Cancellation of
Easement shall be binding on and inure to the benefit of Boeing, its successors and
assigns.
GRANTOR:
CITY OF KENT
BY:
ITS:
DATE:
ACCEPTED BY GRANTEE:
THE BOEING COMPANY
BY:
ITS:
DATE:
(Notary Acknowledgements Appear on Next Page)
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 3 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of _ to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P�,vffla�pa F,l�„622 oan9Paafi,G,taw.Ma1a ofP till,«n,taryS—rE—mamd—
City of Kent
Release of Sanitary Sewer Easement - Pacific Gateway
Page 4 of 4
r
1EXHIMT"A„
LEGAL DESCRIPTION
rrr ?• 20-FOOT PUBLIC SANITARY SEWER EASEMENT
NI Ih65e:portipna of Ne•.v Lots 5 and 6 of Large Lot Segregation,as recorded under Recording
a', of Lofa 7 arrct 6 of Largo Lot Segregation,as recorded under Recording
""' 'No 2002087§pd1040, R$cords gfKtng County, Washington, more particularly descnhed as
foltbwa ,: o
strip'of Ia a,2 fee(in w fin,ly n 10 igat on each side of the following described easement
COtdM6NCENG at iha f4'oultiwesl.r;p>titer 0Y Yr4a"A of Pacific Gateway Business Park, as
recorded under Recordto Np.20Qtb;(17000fiQ4,Ro rds of IQng County,Washington;
THENCE Sou0r.00°OOf O6'Weft to' the West NU of said New Lot 6 and East margin of 591h
Place South,a d,nitaa'ce of,604.02
THENCE South 00, 16'!05",,@est 'Ion `s'airt WBst line end East margin 735.79 feet to the
SouthwestcomerofsaM;NewCat S; �, " r
THENCE South 89°57"62'r"Fzst Ion g the'S0., Iide lherQof, a dlsta'ijce of 7184 feel to the
POINTOFDEGINNING and poI tther as orr.6tened toas Point A"
THENCE North00°g0'42"East,793.92 fef;
THENCE North 90°00,00'East;: 1 .29.feetlo.! a idmitnuslof¢iA:f7erein described easement
centerline.
TOGETHER WITH a sin p of land,20 fe€tan VPdtht:lylig 10 feet oh each si3e:,of the folloi-ring
described aa8ement centerline:
BEGINNING atth6'aforementloned Point"A",
THENCi South 00°00' 42"West, 1619.32 feet to Ina NPrtheCfy sitletine'"BP a emit&y Avower
easement as}r,.cord9d under Recording No 20000624000237f anif the,teOnmus ofi the{herein
described easer4enteented1ne.
EXCf'Pt'ally potion hereof lying within a building
j Is
t
{
3
+f.
Project Name: Pacllo.eatewey utlnes ParK.,
December12,2002
Revised Jaouery 2,2009
Revised January 10,2003
Revised 4anuary20,2003
RWG/Iss
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100591.625doc
r.
.r
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r ® EXHIBIT R NO --
(erlw�l
,0
LOT 3 r
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r
18-24
,<7 F .. Bi 20 h ST;REEy"
to
Al
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18-21
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Scale: ®f: Job Humber
Hor7:ohPur t"=�q0' ve�tkal,=F> BOEING REALTY i®®se
QaNAGs i82116.T72ND AS2nVe soUiN ' OORPORATION
Sheet
((426>)25I-6222
(426)261-8T8z apx
$ CMLENGINEERING. IAN PUBLIO,''S'ANITARY
ENVIR04M'ENTAL sSFRwcEs = SEWER EAS.ER9EidT 5 of 1
Oesl n Oraw Cha eb roved Dote
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This page intentionally left blank.
KENT Agenda Item: Consent Calendar - 73
TO: City Council
DATE: March 18, 2014
SUBJECT: Boeing Company - Release and Cancellation of Public Turnaround
Easement - Approve
MOTION: Authorize the Mayor to approve the Release and Cancellation of
the Public Turnaround Easement with the Boeing Company, subject to final
terms and conditions acceptable to the Public Works Director and City
Attorney.
SUMMARY: The Public Turnaround Easement entered into between the City and the
Boeing Company on April 30, 2003 is no longer needed and both parties desire to
release and cancel the Easement.
EXHIBITS: Draft Release and Cancellation of Public Turnaround Easement
RECOMMENDED BY: Operations Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACT: None
This page intentionally left blank.
AFTER RECORDING RETURN TO:
Engineering Department
City of Kent
400 West Gowe St.
Kent, Washington 98032
Attn: Property Services
Reference Number of Related Document: 20030213000922
GRANTOR: CITY OF KENT
GRANTEE: THE BOEING COMPANY, a Delaware corporation
SHORT LEGAL: Por Lot 4 and Lot 7, LL Seg Sec 2 & 11, TWP22N, RGE4E
ASSESSOR'S PROPERTY TAX PARCEL: 112204-9088, 022204-9019
Project: Pacific Gateway Business Park Project No. 2
RELEASE AND CANCELLATION OF EASEMENT
This Release and Cancellation of Easement is made this day
of , 2014, by the City of Kent, a Washington municipal corporation
("City").
RECITALS
A. City and The Boeing Company, a Delaware corporation ("Boeing"), entered
into that certain Public Temporary Turnaround (ingress/egress) Easement dated
April 30, 2003, and recorded under King County Auditor's Recording Number
20030502002419 ("Easement"), for the installation, operation, maintenance,
extending, construction, altering, reconstructing and repair of a public temporary
turnaround for ingress/egress.
B. Boeing has requested cancellation of the Easement and City has determined
that the Easement is no longer necessary.
C. City and Boeing have determined that it is in their mutual best interest to
cancel the Easement.
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 1 of 4
RELEASE AND CANCELLATION
1. The parties have signed this Release and Cancellation of the Public
Temporary Turnaround (ingress/egress) Easement effective as of the last date
signed below. The Easement is hereby recognized as cancelled and terminated,
and City releases all of its right, title and interest in the Easement, recorded as
Document Number 20030502002419, and encumbering the following real property
in King County, Washington, legally described in Exhibit "A" and depicted in
Exhibit "B" attached hereto and incorporated herein by this reference.
2. Once cancelled and terminated, the rights and responsibilities of both parties
to the Easement, under the terms of said Easement agreement, have no further
force or effect.
3. The terms, covenants and conditions of this Release and Cancellation of
Easement shall be binding on and inure to the benefit of Boeing, its successors and
assigns.
GRANTOR:
CITY OF KENT
BY:
ITS:
DATE:
ACCEPTED BY GRANTEE:
THE BOEING COMPANY
BY:
ITS:
DATE:
(Notary Acknowledgements Appear on Next Page)
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 2 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Suzette Cooke is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 3 of 4
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it as the
of _ to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This 8ox-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
P�,vffla�pa F,l�„622 oan9Paafi,G,taw.Ma1a ofP bl,,T pao T,mar,,ndEma d—
City of Kent
Release of Public Temporary Turnaround - Pacific Gateway
Page 4 of 4
Exhibit A
i'
LEGAL DESCRIPTION
PUBLIC TEMPORARY TURNAROUND EASEMENT
rAII that porhoh gYlot'4:;and Lot 7 of Large Lot Segregation of a portion of Sections 2 and 11,
Townsi?fp 22 North, Range ";Nllld 4 East; tnette Meridian, according to Segregation recorded under
t;ecordIng,,Np 200208.,1300104G', to Kthg County, Washington, more particularly described as
follows
CONifV1dONG atJoe Npfthvlest cothoftf saidLat°4
THENCE South 000 0.}r00''Wag.Niong the.Wsst 116 thereof, a distance of 75844 feet to the
POINT OF BLQINNING and the'begirfntng of,a�Q Od'-foot-radius curve to the left,
THENCE along lh6 arc 4f said curve, pp,;tmg fhrough a central angle of 36W 00' 00°, an are
distance of 31416 feet tfi the;P01NT OF$EQINNiNG
1,IAM ..
It
' ExPep�s""s7te.r 03 ..
Project Name Pacific Gateway Business Park
November13,2002
RWG11ss
7745E 019 doc -- x x
it
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Exhibit B
is
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PUBLIC
TEMPO AR Y f"
TURNP,RUUND
EASEM T `
50 "
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N
LL
Scale SOP: ' " ;' '"•.:Job Number
Horizontal1zontc! 1°=200' Vertical O 4NO REALI`:�i �. �°'_�
KENTS WA 950 2NUE SOUTH CORP-ORrf`'1 I, � :::,."'a' Shbet': ,
((425 251-5222
(425�251-8782 FAX Title; it
CML ENGINEERING, WO PUBLIC TEMPORARY�" ��'`..���.�`
�r✓ceNGRY�R� ENVIROINM`ENTAR SEWCES TURNAROUND EAS M'EN7 , of_.—
Desi ned_.« Drown— Checked oved W Dafe ': 2:
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KENT
Agenda Item: Consent Calendar — 7K
TO: City Council
DATE: March 18, 2014
SUBJECT: 2013 Consolidated Annual Performance Evaluation Report - Approve
MOTION: Move to approve the 2013 Consolidated Annual Performance and
Evaluation Report and authorize the Mayor to submit the report to the
Department of Housing and Urban Development.
SUMMARY: The 2013 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: 2013 Consolidated Annual Performance and Evaluation Report
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger — Higgins (by concurrence) NAY:
BUDGET IMPACT: None
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CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
Data to be entered
CDBG HOME HOPWA
White 0 0 0
Black or African American 0 0 0
Asian 0 0 0
American Indian or American Native 0 0 0
Native Hawaiian or Other Pacific Islander 0 0 0
Hispanic 0 0 0
Not Hispanic 0 0 0
Total 0 0 0
Table 1—Table of assistance to racial and ethnic populations by source of funds
Narrative
CAPER 7
OMB Control No:2506-0117(exp.07/31/2015)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Expected Actual
Amount Available Amount Expended
Program Year X
CDBG $914,499.00 $607,578.46
Table 2—Resources Made Available
Narrative
Identify the geographic distribution and location of investments
Target Area Planned Percentage of Actual Percentage of Narrative Description
Allocation Allocation
City of Kent 100% 100% Funds were distributed
to programs serving
Kent residents or for
businesses located in
Kent
Table 3—Identify the geographic distribution and location of investments
Narrative
The City distributed CDBG funds to programs serving Kent residents or to business owners with
businesses located in Kent.
CAPER 8
OMB Control No:2506-0117(exp.07/31/2015)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
In addition to allocating$914,499 in CDBG funds,the City leveraged $848,320 in resources from
General Funds. The Kent Cultural Diversity Initiative Group also received a $5,000 grant to
support the Refugee Employment Summit. The fiscal sponsor of the grant was World Relief-
Seattle.
N/A-The City does not allocate HOME funds.
Fiscal Year Summary—HOME Match
1. Excess match from prior Federal fiscal year
2. Match contributed during current Federal fiscal year
3 .Total match available for current Federal fiscal year(Line 1 plus Line 2)
4. Match liability for current Federal fiscal year
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4)
Table 4—Fiscal Year Summary-HOME Match Report
CAPER 9
OMB Control No:2506-0117(exp.07/31/2015)
fom n ( o ƒ
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Minority Business Enterprises and Women Business Enterprises—Indicate the number and dollar value
of contracts for HOME projects completed during the reporting period
N/A Total Minority Business Enterprises White Non-
Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Contracts
Number
Dollar
Amount
Sub-Contracts
Number
Dollar
Amount
Total Women Male
Business
Enterprises
Contracts
Number
Dollar
Amount
Sub-Contracts
Number
Dollar
Amount
Table 7—Minority Business and Women Business Enterprises
Minority Owners of Rental Property— Indicate the number of HOME assisted rental property owners
and the total amount of HOME funds in these rental properties assisted
N/A Total Minority Property Owners White Non-
Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number
Dollar
Amount ff]
Table 8—Minority Owners of Rental Property
CAPER 11
OMB Control No:2506-0117(exp.07/31/2015)
Relocation and Real Property Acquisition—Indicate the number of persons displaced, the cost of
relocation payments, the number of parcels acquired,and the cost of acquisition N/A
Parcels Acquired
Businesses Displaced
Nonprofit Organizations
Displaced
Households Temporarily
Relocated, not Displaced
Households Total Minority Property Enterprises White Non-
Displaced Alaskan Asian or Black Non- Hispanic Hispanic
Native or Pacific Hispanic
American Islander
Indian
Number
Cost
Table 9—Relocation and Real Property Acquisition
CAPER 12
OMB Control No:2506-0117(exp.07/31/2015)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of homeless households to be 0
provided affordable housing units
Number of non-homeless households to 122* 143
be provided affordable housing units
Number of special-needs households to
be provided affordable housing units
Total 122 143
Table 10-Number of Households
*One year goal in 2013 Annual Action Plan should have been 122.
One-Year Goal Actual
Number of households supported 42 147
through rental assistance
Number of households supported 0 0
through the production of new units
Number of households supported 80 111
through the rehab of existing units
Number of households supported 0 0
through the acquisition of existing units
Total 122 258
Table 11-Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
Outcomes exceeded goals; the City was extremely pleased with the performance of its sub-
recipients; i.e., organizations that the City contracted with to provided services.
Discuss how these outcomes will impact future annual action plans.
The City estimates that it will receive level funding in 2014; therefore, it will negotiate similar
outcomes with organizations delivering services after factoring in cost of living adjustments.
CAPER 13
OMB Control No:2506-0117(exp.07/31/2015)
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to determine
the eligibility of the activity.
Data to be entered
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 12-Number of Persons Served
Narrative Information
CAPER 14
OMB Control No:2506-0117(exp.07/31/2015)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The Health Point Healthcare for the Homeless Project included an outreach component to
ensure that the homeless are aware of healthcare services. The City also invested in outreach to
the homeless through a General Fund-supported project.
Addressing the emergency shelter and transitional housing needs of homeless persons
Two programs funded by the City addressed emergency shelter and transitional housing needs
of homeless persons: YWCA: Anita Vista Transitional Housing Program and Catholic Community
Services-Katherine's House (CCC). Anita Vista provided transitional housing for domestic
violence survivors and their families and CCS provided shelter and case management services to
single women in recovery.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
Through its homeless continuum, which was funded by General Funds and CDBG, Multi-Service
Center (MSC) provided responsive services to target the needs of homeless individuals.
Services provided along the continuum consisted of shelter with supportive services, a hotel
voucher, a referral to permanent housing, etc. The YWCA and Refugee Women's Alliance
(ReWA) provided case management services to the homeless and helped them find permanent
housing.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
CAPER 15
OMB Control No:2506-0117(exp.07/31/2015)
Rental assistance to prevent homelessness was provided by MSC and ReWA. Most of the
women that received shelter through CCS were women who were released from the King
County Regional Justice Center.
CAPER 16
OMB Control No:2506-0117(exp.07/31/2015)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City worked collaboratively to address the needs of public housing by advocating for and
investing in affordable housing stock, providing supportive services to prevent homelessness
(this kept additional people off the King County Housing Authority waitlist rolls), and sitting on a
number of committees and application review teams that directed funds to organizations
managing affordable housing stock.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The King County Housing Authority (KCHA) increased resident involvement through a number
of mechanisms; e.g., the Resident Advisory Council was created as a forum for residents to
provide feedback to assist KCHA with the development of policies and procedures that impact
Housing Authority residents, etc. The City was rarely in a position to have direct impact on
resident involvement.
Actions taken to provide assistance to troubled PHAs
The KCHA is not considered a "troubled" PHA.
CAPER 17
OMB Control No:2506-0117(exp.07/31/2015)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 0); 91.320 (i)
The City of Kent is committed to maintaining the affordable housing stock in our community.
Using CDBG funds for the Home Repair Program allowed home owners to maintain their homes
and preserve housing stock.
The City also provides limited assistance to individuals and families that are behind on utility
payments due to circumstances like temporary job loss due to illness, reduced income due to a
financial emergency, etc.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.3200)
Several planning meetings with providers and representatives who specialize in providing
services to refugee and immigrant clients were convened to develop an action plan to locate a
facility in which to co-locate services. The City will continue working on this issue in 2014.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
No actions were taken.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.3200)
The City of Kent continued to work to reduce the number of families in poverty. Through its
Kent Micro-enterprise Initiative (Washington CASH was the sub-recipient), the City provided
business training classes to low-income individuals, especially women, People of Color, and
disabled individuals. The City also worked to increase jobs to individuals and families by
sponsoring and investing in the Refugee Employment Summit and encouraging businesses to
hire low-income residents.
In addition, the City maintained relationships with local training schools and community
colleges that work to reduce poverty through education and training programs.
CAPER 18
OMB Control No:2506-0117(exp.07/31/2015)
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City continued to work with King County, suburban cities, the City of Seattle, United Way of
King County and other entities to develop Family Housing Connection, a countywide program
committed to the goal of reducing the burden on families experiencing homelessness in King
County by providing a single access point for shelter and housing resources. The change in the
definition of homelessness led to an increase in the number of families that needed housing,
and the City is worked to mitigate the effect on the homeless by developing programs and
mechanisms to assist people while they waited for permanent housing.
Staff also joined The Seattle Foundation Center for Community Partnerships Advisory
Committee. The purpose of the Center is to advance collaborative, systemic change to achieve
greater economic and racial equity in King County. This will be accomplished by working across
various interconnected issues with diverse partners including community members,
government representatives, funders and business leaders. It is anticipated that this work will
have a positive impact on institutional structure.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.3200)
The City was instrumental in developing relationships between these entities and continued to
foster and participate in these collaborations, including the Homeless Forum, a monthly
meeting of housing and support service providers, South King Council of Human Services, South
King County Housing Development Group, and the King County Housing Development
Consortium.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
Recommendations from the City's Analysis of Impediments to Fair Housing Choice included:
Recommendation 1: Expand current education and outreach efforts
The City continued to work on this recommendation by:
• Posting fair housing materials on its website ;
• Providing fair housing articles/information/notices in electronic communications to the
Kent Cultural Diversity Initiative Group;
• Providing fair housing materials to apartment complexes through its police department;
and
• Distributing a Fair Housing Equity Assessment Survey to protected groups.
CAPER 19
OMB Control No:2506-0117(exp.07/31/2015)
Recommendation 11: Continue ongoing enforcement activities
The City does not have enforcement authority; the Washington State Human Rights
Commission and the King County Office of Civil Rights investigates complaints.
Recommendation HI:Target homeownership and lending marketing to African Americans and
Hispanics households
The City used Neighborhood Stabilization to purchase and rehabilitate three foreclosed homes,
which were then sold to income-eligible homebuyers. The homebuyers were families of African
American descent that had been on the Habitat for Humanity waitlist for an extended period of
time; the families received zero-interest loans. A fifteen-year covenant of affordability was
signed by each homebuyer.
Mortgage payments received from the homebuyers were entered into a fund that will allow
Habitat for Humanity to purchase, rehabilitate, and sell additional houses. These payments
will allow the City and Habitat for Humanity to target additional homeownership to African
American and Hispanic households.
CAPER 20
OMB Control No:2506-0117(exp.07/31/2015)
CR-40 - Monitoring 91.220 and 91.230
Description of the standards and procedures used to monitor activities carried out in
furtherance of the plan and used to ensure long-term compliance with requirements of the
programs involved, including minority business outreach and the comprehensive planning
requirements
Standards and Procedures for Monitoring
The City monitored its CDBG program throughout the year. Programs funded by the City were
expected to maintain high standards. Organizations were informed that the failure to comply
with contractual requirements and regulations could result in remedial actions and/or the
termination of funding. Quarterly performance reports were reviewed by the Human Services
Commission. Standards and procedures are further outlined below:
• The City funded one new project in 2013, The Emergency Feeding Program, Food for all
Around Kent. The CDBG Program Coordinator met with project staff before and during
the contract year. In addition, the Coordinator met with sites that expressed interest in
distributing food through the Food for all Around Kent Project to review income-
eligibility guidelines and answer CDBG eligibility questions.
• All projects were monitored closely to ensure that staff has a good understanding of
program administration, program performance standards, fiscal administration,
contractual requirements, and recordkeeping and reporting. Issues that needed
clarification were addressed.
• Projects received quarterly monitoring. Programs that needed guidance in achieving
performance measures or adhering to contractual requirements received technical
assistance, were required to attend a meeting with City staff, and/or received an on-site
monitoring visit.
• Monitoring concerns/finding were reviewed with agency staff and documented in
writing.
• When applicable, timely corrective action was required.
• Agencies were required to provide supporting documentation or written
communication verifying that deficiencies were corrected.
• Agencies were informed that failure to take corrective action could lead to the
withholding or the loss of funding.
Citizen Participation Plan 91.105(d); 91.115(d)
The Kent community, including regional stakeholders, received a 30-day period to review and
comment on the CAPER. Notices were provided via the following mechanisms:
CAPER 21
OMB Control No:2506-0117(exp.07/31/2015)
• A Public Notice was posted on the City of Kent website on Thursday, February 13, 2014.
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.
• The Kent community and stakeholders were invited to provide comments at a public
hearing held at the Kent Human Services Commission meeting on February 20, 2014.
CAPER 22
OMB Control No:2506-0117(exp.07/31/2015)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
There were no changes in the City's program objectives. The City does not anticipate major
changes in programs.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No.
CAPER 23
OMB Control No:2506-0117(exp.07/31/2015)
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KENT
Agenda Item: Consent Calendar — 7L
TO: City Council
DATE: March 18, 2014
SUBJECT: First Amendment to the 2014 Community Development Block Grant
Annual Action Plan - Approve
MOTION: Move to approve the proposed First Amendment of the 2014
Community Development Block Grant Annual Action Plan.
SUMMARY: The 2014 CDBG Annual Action Plan was approved by City Council on
November 5, 2013. The deadline for submitting the Plan to the Department of Housing
and Urban Development (HUD) was November 15th. However, HUD issued new
guidance mandating that the City delay submission of the Plan to HUD for approval up
to 60 days after HUD announces FY 2014 formula allocations, or until August 16, 2014
(whichever comes first). This guidance also requires the following amendments:
a) A statement that the CDBG allocation listed in the 2014 Annual Action
Plan is an estimate;
b) A statement that once HUD announces FY 2014 CDBG formula
allocations, the City will post its actual CDBG allocation on the City of
Kent Parks Department, Human Services Division website, and
electronically notify the public of this posting (this will include an update
in allocations among projects);
c) A statement that in the event the City receives an increase or decrease
in funds, funds will be allocated as follows:
Public Services
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, funds will be deducted
proportionally among projects-all projects will receive at least
$10,000
Capital
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, the Home Repair Program will
receive a $69,424 decrease, which will leave its allocation at
$500,000
d) A statement that the City will incur pre-award costs necessary to develop
the Action Plan and administer the CDBG Program;
e) Incurred pre-award costs could impact the 2014 grant in the event the
City does not receive the estimated Planning and Administration
allocation and has to limit its P & A activities; in the event this happens it
should have a minimum or zero impact on future grants;
f) A statement that the City will take advantage of a waiver of the
provisions of 24 CFR 570.200(h) and will treat the effective date of the
grant agreement as the program year start date (January 1, 2014);
g) A statement that the City will keep written documentation of the
conditions requiring a waiver of 24 CFR 570.200(h); and
h) A statement that this waiver allows funded projects to begin services
retroactive to 1/1/2014, although projects are prohibited from receiving
CDBG funds until the City signs its contract with HUD.
The Public was notified of this amendment through a public notice and provided an
opportunity to comment on the amendment.
EXHIBITS: First Amendment of the 2014 Annual Action Plan
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger — Higgins (by concurrence) NAY:
BUDGET IMPACTS: None
CITY OF KENT
Parks, Recreation & Community Services
Housing and Human Services Division
FIRST AMENDMENT
of the
2014 ANNUAL ACTION PLAN
A. BACKGROUND
1. The 2013-2017 CDBG Consolidated Plan for Housing and Community
Development provides a framework for implementing housing, human
services and community development activities from 2013-2017.
2. Each year the City of Kent executes specific-actions to implement the
objectives and strategies of the five-year Consolidated Plan, which are
outlined in an Annual Action Plan.
3. The City's Annual Action Plan is due to HUD on November 15th of each
year; this deadline is usually before HUD issues fiscal year allocations
based on the Congressional budget.
4. The City projected a CDBG allocation of $914,499 for 2014.
5. The 2014 Annual Action Plan was approved by Kent City Council on
November 5, 2013.
6. Although CDBG regulations mandate a November 15th submission date,
the local HUD office asked the City to delay submission pending further
notice.
7. On December 13, 2013, the City received notice that the HUD national
office issued new guidance for submitting the 2014 Annual Action Plan.
8. The thrust of this guidance is to require that jurisdictions delay
submission of the 2014 Annual Action Plan until up to 60 days after HUD
announces FY 2014 formula allocations, or until August 16, 2014
(whichever comes first). This will ensure that Annual Action Plans
submitted to HUD include the City's actual CDBG allocation.
9. The City will ensure that the public is also notified of its actual allocation.
10.HUD guidance states that a citizen participation process conducted before
formula allocations are announced, should include a contingency provision
explaining how the City will adjust its funding among projects if there is
an increase or decrease in estimated funding; the City's draft Action Plan
did not include a contingency plan.
11.13ecause HUD is extending the period for submission of Action Plans,
jurisdictions are granted a waiver of the provisions of 24 CFR 570.200(h)
and may treat the effective date of the grant agreement as the program
7 I ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 ua in I1$ 11 wYa in
year start date (January 1, 2014), or the date that the Action Plan is
received by HUD (whichever is earlier).
12.This waiver allows agencies that the City funds to begin services
1/1/2014, although they cannot receive payment until the City signs its
contract with HUD.
13. Jurisdictions using this waiver must keep written documentation of the
conditions requiring such a waiver.
14.The activity for which pre-award costs are being incurred must be
included in the draft Action Plan arior to the costs being incurred and the
public must be informed of how these costs will affect future grants.
B. AMENDMENT
1. Amend the 2014 Annual Action Plan pursuant to HUD guidance issued on
December 13, 2014.
2. The amendment shall include the following provisions:
a) A statement that the CDBG allocation listed in the 2014 Annual Action
Plan is an estimate;
b) A statement that once HUD announces FY 2014 CDBG formula
allocations, the City will post its actual CDBG allocation on the City of
Kent Parks Department, Human Services Division website, and
electronically notify the public of this posting (this will include an
update in allocations among projects);
c) A statement that in the event the City receives an increase or
decrease in funds, funds will be allocated as follows:
Public Services
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, funds will be deducted
proportionally among projects-all projects will receive at least
$10,000
Capital
• In the event of a funding increase, funds will be allocated
proportionally among projects
• In the event of a funding decrease, the Home Repair Program
will receive a $69,424 decrease, which will leave its allocation at
$500,000
d) A statement that the City will incur pre-award costs necessary to
develop the Action Plan and administer the CDBG Program;
e) Incurred pre-award costs could impact the 2014 grant in the event the
City does not receive the estimated Planning and Administration
2 1 ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 o in I1$ 11 wYa in
allocation and has to limit its P &A activities; in the event this happens
it should have a minimum or zero impact on future grants;
f) A statement that the City will take advantage of a waiver of the
provisions of 24 CFR 570.200(h) and will treat the effective date of the
grant agreement as the program year start date (January 1, 2014);
g) A statement that the City will keep written documentation of the
conditions requiring a waiver of 24 CFR 570.200(h); and
h) A statement that this waiver allows funded projects to begin services
retroactive to 1/1/2014, although projects are prohibited from
receiving CDBG funds until the City signs its contract with HUD.
3 1 ` ". A umm c in irll urm c in t ua 1 F2 0 1 1 A in in iun wYa 11 A c t 11 ua in I1$ 11 wYa in
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KENT
Agenda Item: Consent Calendar - 7M
TO: City Council
DATE: March 18, 2014
SUBJECT: First Amendment to the 2013-2017 Consolidated Plan for Housing and
Community Development - Approve
MOTION: Move to approve the proposed First Amendment of the 2013-2017
Community Development Block Grant Consolidated Plan for Housing and
Community Development, including funding allocations.
SUMMARY: The 2013-2017 CDBG Consolidated Plan for Housing and Community
Development was submitted to HUD via an online template that did not allow the City
to include a substantive Community Participation Process specifying what
circumstances would constitute a substantial amendment of the Consolidated Plan and
Annual Action Plan. The City wishes to amend its 2013-2017 Consolidated Plan so
that it can add a Community Participation Guide that includes a definition for
substantial amendment.
In addition, the City originally allocated $100,000 in funding to the City of Kent-Grow
Kent Fund to provide below-market rate financing to grow small businesses in Kent
through the City of Kent's 2013-2017 CDBG Consolidated Plan for Housing and
Community Development. When this project was not launched in 2013 and funds
were recaptured, the City of Kent Economic Development Division asked the CDBG
Program to re-purpose the funds and invest in a downtown storefront facade
rehabilitation project. The City wishes to reallocate funds for this purpose.
Pursuant to HUD regulations, the city of Kent proposes to amend the 2013-2017
CDBG Consolidated Plan for Housing and Community Development to include the
following provisions:
1. Amend the 2013-2017 Annual Action Plan to allow for the addition of a
Community Participation Guide, which states that a substantial amendment is defined
as:
a) any proposed change in the use of CDBG funds that exceeds 10% of the
total annual entitlement;
b) any change in the purpose, a major change in the scope of an activity, or
a change in the beneficiaries; or
c) the addition of a new activity or deletion of an approved activity.
2. Amend the 2013-2017 Consolidated Plan (the 2013 Annual Action Plan Section)
to allow for the reallocation of $100,000 in CDBG funds; funds shall be awarded as
follows:
a) Award $100,000 to the City of Kent Storefront Facade Rehabilitation
Project. Funds shall be used to rehabilitate storefront building facades in a
designated downtown area of Kent.
The Public was notified of this amendment through a public notice and provided an
opportunity to comment on the amendment.
EXHIBITS: a) The First Amendment of the 2013-2017 CDBG Consolidated Plan for
Housing and Community Development
b) City of Kent 2013-2017 Consolidated Plan for Housing and Community
Development: Community Participation Guide
RECOMMENDED BY: Parks and Human Services Committee
YEA: Ralph — Ranniger - Higgins (by concurrence) NAY:
BUDGET IMPACTS: Budgeted: City of Kent Grow Kent Fund: -$100,000
City of Kent Storefront Facade Rehabilitation Project: +$100,000
CITY OF KENT
Parks, Recreation & Community Services
Housing and Human Services Division
FIRST AMENDMENT
of the
2013 — 2017 CDBG CONSOLIDATED PLAN
for
HOUSING and COMMUNITY DEVELOPMENT
A. BACKGROUND
1. The 2013-2017 Consolidated Plan for Housing and Community
Development provides a framework for implementing housing,
human services and community development activities from 2013-
2017.
2. Each year the City of Kent executes specific-actions to implement
the objectives and strategies of the five-year Consolidated Plan,
which are outlined in an Annual Action Plan.
3. The 2013-2017 Consolidated Plan was submitted via an online
template that was mandated by HUD.
4. This template did not allow the City to include a substantive
Community Participation Process specifying what circumstances
would constitute a substantial amendment of the Consolidated Plan
and Annual Action Plan.
5. The City wishes to amend its 2013-2017 Consolidated Plan so that
it can add a Community Participation Guide.
6. The 2013-2017 Consolidated Plan also included the 2013 Annual
Action Plan
7. In the 2013 Annual Action Plan, the City allocated $100,000 of
CDBG to the City of Kent-Grow Kent Fund to provide below-market
rate financing to grow small businesses in Kent.
8. The City did not launch this project in 2013; therefore, funds were
recaptured.
9. Instead of using these funds as initially allocated, the City has
decided to invest in a downtown storefront facade rehabilitation
project.
B. AMENDMENT
1. Amend the 2013-2017 Annual Action Plan to allow for the addition
of a Community Participation Guide, which states that a substantial
amendment is defined as:
• any proposed change in the use of CDBG funds that exceeds
10% of the total annual entitlement;
• any change in the purpose, a major change in the scope of
an activity, or a change in the beneficiaries; or
• the addition of a new activity or deletion of an approved
activity.
2. Amend the 2013-2017 Consolidated Plan (the 2013 Annual Action
Plan Section) to allow for the reallocation of $100,000 in CDBG
funds.
3. Funds shall be awarded as follows:
Award $100,000 to the City of Kent Storefront Facade
Rehabilitation Project. Funds shall be used to rehabilitate
storefront building facades in a designated downtown area of
Kent.
2013 CDBG Funds Awarded Amount: $100,000
Award to:
Ca ital Pro'ects Awarded Funds Change
City of Kent: Grow <$100,000> -$100,000
Kent Fund
City of Kent: $100,000 +$100,000
Storefront Facade
Rehabilitation Project
Total: J $100,000 1 $100,000
CITY OF KENT
2013 - 2017 CONSOLIDATED PLAN
for
HOUSING AND COMMUNITY DEVELOPMENT
COMMUNITY' PARTICIPATION GUIDE
Working to Improve Your Community
Through the Use of Community Development Block Grant Funds
i HUD refers to this as the Citizen Participation Process
COMMUNITY PARTICIPATION GUIDE
The City's Role
The City of Kent receives an annual allocation of Community Block Grant funds through
the U.S. Department of Housing and Urban Development(HUD). CDBG funds are
administered through the City's Department of Parks, Recreation and Community
Services, Housing and Human Services Division. In accordance with federal guidelines,
CDBG funds are provided to projects that meet a national objective and carry out an
eligible activity. The amount available for allocation is based on a federally mandated
formula; therefore, the amount varies from year to year.
After funds are allocated by HUD, the City's ten-member Human Services Commission
evaluates and makes recommendations on funding requests. The Commission was
established in 1986 to serve as an advisory organization to the City Council. In addition
to making recommendations on funding requests,it helps set priorities, evaluates and
reviews funded human services agencies and responds to the City's actions affecting the
availability and quality of human services in Kent.
This Community Participation Guide includes information on how residents can assist the
City with the process of distributing CDBG funds and also contains information about
the role of the Housing and Human Services Division in administering funds.
SOURCES, USE AND ADMINISTRATION OF FEDERAL AND LOCAL FUNDS
Funding Sources
• CDBG: CDBG is a federal program that is administered by HUD.
• General Funds: In addition to CDBG funds, the City uses local funds;i.e. general
funds, to address human services needs. General Funds are administered
through the City's Housing and Human Services Division.
How CDBG Is Used
CDBG applications are received from the community and subjected to a screening
process. After a screening process, the City uses 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 target? The City has
five(5)funding targets,which are as follows:
• Meeting Community Basics: Ensuring that people facing hardship have
access to resources to help meet immediate basic needs.
• Increasing Self-Reliance: Helping individuals break out of the cycle of
poverty by improving access to services and removing barriers to
employment.
• Strengthening Children and Families: Providing children, youth and
families with community resources needed to support their positive
development,including early intervention&prevention services.
• Building a Safer Community: Providing resources and services that reduce
violence, crime, and neglect in our community.
• Improving Health and Well-Being. Providing access to services that allow
individuals to improve their mental and physical health, overall well-being,
and ability to live independently.
• Improving and Integrating Systems: Leading efforts to ensure that human
services systems meet demands and expectations by increasing capacity,
utilizing technology, coordinating efforts, and sharing resources.
2. In addition, the City ensures that projects meeting one of the five funding targets
address one of the following CDBG objectives: (1)provide a suitable living
environment; (2)provide decent housing; and(3)provide economic opportunity.
3. Is the service or need an eligible activity?
4. 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. Over the five-year
period of the Consolidated Plan, all CDBG funds were used exclusively to meet
the national objective of benefiting low/moderate-income persons.
CDBG has been used for a myriad of activities to benefit low/moderate-income
members of the Kent community. The City reserves the full 20% that is legally allowed
for planning and administration and15% for public service projects. The remainder is
spent on capital projects. Project examples include the following:
• Providing nursing services to homeless individuals who reside in Kent-area
transitional and domestic violence shelters
• Providing shelter and case management services to homeless single women who
formerly resided in Kent
• Preventing homelessness by providing rent assistance grants to individuals
facing eviction
• Constructing a wheel chair ramp in the home of a disabled senior
• Constructing a new wall on a public facility that provides mental health services
to youth and their families
• Offering business classes and training to low-income women, people with
disabilities, and other under-served Kent residents to provide the skills to start a
micro-enterprise business
OPPORTUNITIES FOR COMMUNITY PARTICIPATION
Several opportunities exist for Kent residents, community members and stakeholders to
partner with the City to help it decide how to invest CDBG funds. Community
participation falls within the following five categories:
1. Planning
The City has written plans that outline its housing and community development
needs,priorities, and which programs it intends to invest in to address those needs.
The plans are updated periodically; Kent residents and stakeholders are invited to
participate in their development. This Guide contains information on who to contact
to request a free copy of the plans.
2. Public Meetings
In developing the Consolidated Plan and Annual Action Planz (hereinafter referred
to as the Plan, the City holds a series of meetings to discuss and solicit input from the
public. People of Color and organizations working with or who have contacts with
ethnic/racial minorities,non-English speaking persons, Limited English-speaking
persons (LEPs), and people with disabilities are encouraged to participate. In
addition,focus groups and/or surveys are conducted with these groups.
3. The Application Process
If sufficient funding is available to open up the application process,workshops are
held each spring to generate funding proposals and to inform non-profit and public
organizations that they may submit funding proposals to the City. City staff offer
technical assistance workshops to help organizations in the development of their
applications.
4. Public Hearings on Proposed Projects
After applications are reviewed by the Human Services Commission, projects are
selected and the Commission makes funding recommendations to the City Council.
An initial draft of funding recommendations is released to the public. In addition,
the Plan is posted on the City's website along with a public notice inviting Kent
residents and stakeholders to comment on the proposed plan. The public is given at
least 30 days to comment on the Plan. The Plan is posted in the City Clerk's Office,
and in the Housing&Human Services Office. Public hearings are held in the Fall
and both oral and written comments on proposed projects that are submitted within
the 30-day comment period are considered prior to final City Council approval.
5. Substantial Amendments
Substantial amendments to the plan will be published and distributed in the same
manner as outlined above. A"substantial amendment" is defined as:
• any proposed change in the use of CDBG funds that exceeds 10% of the total
annual entitlement;
• any change in the purpose, a major change in the scope of an activity, or a
change in the beneficiaries; and
• the addition of a new activity or deletion of an approved activity.
It is left to the discretion of the Human Services Commission and Human Services
Division staff to decide whether a change constitutes a substantial amendment.
6. Annual Performance Report to the Community
The City continuously reviews the performance of funded projects and makes an
annual report to the City on these projects. In addition, the City reports on its
overall progress in meeting the goals and strategies outlined in its five-year
Consolidated Plan.
CDBG CALENDAR-ESTIMATED DATES
z The City also follows the Community Participation Guide when developing its Fair Housing
Plans.
March CDBG& General Fund
application workshop
April Release applications
April Technical assistance
April Applications due
June Commission
recommendations
July Applicants notified that
they've been recommended
for funding
September Public Notice/Draft Action
Plan or Consolidated Plan
released3
September -October 30-Day public comment
period
October Public hearing
November City Council Adoption of
the Action/Consolidated
Plan
Action Plan is released annually and the Consolidated Plan is released every five years.
COMMUNITY PARTICIPATION GUIDE
CONTACT INFORMATION
Mailing Address:
City of Kent
Parks, Recreation& Community Services Department
Division of Housing and Human Services
220 Second Ave.South
Kent,WA 98032
Physical Address:
Kent City Hall,3rd Floor
220 Th Ave.South
Kent,WA 98032
Katherin Johnson, Housing and Human Services Manager
Dinah Wilson, CDBG Coordinator
Christine Cain, Home Repair Program Assistant
Contact Number: 253-856-5070
KENT Agenda Item: Consent Calendar — 7N
TO: City Council
DATE: March 18, 2014
SUBJECT: Goods & Services Agreement with TMG Services, Inc. for Chlorination
Equipment for Kent Springs - Approve
MOTION: Authorize the Mayor to sign a Goods and Services Agreement with
TMG Services, Inc. for purchase of chlorination equipment in an amount not
to exceed $22,499.00 subject to final terms and conditions acceptable to the
City Attorney and Public Works Director.
SUMMARY: Chlorine is used to kill bacteria and other microbes in the drinking water
supply. The chlorination equipment at our Kent Springs source is reaching the end of
its service life and needs to be replaced. This purchase would include equipment
similar to that used at our other four chlorination sites, which would reduce the
amount of repair parts maintained in stock. The purchase from TMG Services is for
parts only; Water staff will complete the installation of equipment.
EXHIBITS: Goods & Services Agreement with TMG Services, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Fincher — Higgins - Ralph NAY:
BUDGET IMPACTS: There is no unbudgeted fiscal impact as this cost was planned;
the ($22,499.00) would come from the Water Utility capital budget.
This page intentionally left blank.
GOODS & SERVICES AGREEMENT
between the City of Kent and
TMG Services, Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and TMG Services, Inc. organized under the laws of the
State of Washington, located and doing business at 3216 East Portland Avenue, Tacoma, WA
98404, Phone: (800) 562-2310/Fax: (253) 779-4165, Contact: Mary Gazdik (hereinafter the
"Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following
services for the City:
The Vendor shall provide two automatic chlorinators, two chlorine injectors, and
two automatic switchover vacuum regulators for one-ton chlorine containers for the
City's Kent Springs water facility. For a description and Vendor's quote, see Exhibit
A which is attached and incorporated by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these
goods, materials, or services and that the City maintains its unqualified right to obtain these
goods, materials, and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall
complete the work and provide all goods, materials, and services by June 30, 2014.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Twenty
Two Thousand, Four Hundred Ninety Nine Dollars ($22,499.00), including applicable Washington
State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The
City shall pay the Vendor the following amounts according to the following schedule:
GOODS & SERVICES AGREEMENT - 1
(Over$10,000.00, including WSST)
The Vendor shall be paid after delivery of chlorination equipment.
If the City objects to all or any portion of an invoice, it shall notify Vendor 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.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Vendor for any defective or unauthorized goods, materials or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City
may obtain the goods, materials or services from other sources, and Vendor shall
be liable to the City for any additional costs incurred by the City. "Additional costs"
shall mean all reasonable costs, including legal costs and attorney fees, incurred by
the City beyond the maximum Agreement price specified above. The City further
reserves its right to deduct these additional costs incurred to complete this
Agreement with other sources, from any and all amounts due or to become due the
Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT
SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE.
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 Vendor 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 Vendor maintains and pays for its own place of business from which
Vendor's services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the
City retained Vendor's services, or the Vendor is engaged in an
independently established trade, occupation, profession, or business of the
same nature as that involved under this Agreement.
D. The Vendor 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.
GOODS & SERVICES AGREEMENT - 2
(Over$10,000.00, including WSST)
E. The Vendor has registered its business and established an account with the
state Department of Revenue and other state agencies as may be required
by Vendor's business, and has obtained a Unified Business Identifier (UBI)
number from the State of Washington.
F. The Vendor 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.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the notice provision section of this Agreement,
section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that
the change increases or decreases the Vendor's costs or time for performance, the City will
make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from
the City before actually receiving the written amendment. If the Vendor fails to require an
amendment within the time allowed, the Vendor waives its right to make any claim or submit
subsequent amendment requests for that portion of the contract work. If the Vendor disagrees
with the equitable adjustment, the Vendor must complete the amended work; however, the
Vendor may elect to protest the adjustment as provided in subsections A through E of Section
VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that
is accepted by Vendor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first . Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
GOODS & SERVICES AGREEMENT - 3
(Over$10,000.00, including WSST)
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS
SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that
estimate was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred
as a result of the asserted events giving rise to the claim. The City shall have
access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall
proceed promptly to provide the goods, materials and services required by the City
under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Vendor also waives any additional entitlement and accepts from the City any
written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures
of this section, the Vendor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions,
interpretations, and determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM
THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT
SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
LIMITATIONS PERIOD.
IX. WARRANTY. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall correct all defects in workmanship and materials within one (1) year from the date of the
City's acceptance of the Contract work. In the event any part of the goods are repaired, only
original replacement parts shall be used—rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year
from the date such correction is completed and accepted by the City. The Vendor shall begin to
GOODS & SERVICES AGREEMENT - 4
(Over$10,000.00, including WSST)
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Vendor does not accomplish the corrections within a reasonable time as
determined by the City, the City may complete the corrections and the Vendor shall pay all costs
incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under
this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on
behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age,
sexual orientation, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
Vendor 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.
XI. INDEMNIFICATION. Vendor 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 Vendor'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 Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was
made pursuant to this indemnification clause, and if that refusal is subsequently determined by a
court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable
expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred
because there was a wrongful refusal on the Vendor's part.
The provisions of this section shall survive the expiration or termination of this
Agreement.
XII. INSURANCE. The Vendor 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.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Vendor's own risk, and Vendor 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.
GOODS & SERVICES AGREEMENT - 5
(Over$10,000.00, including WSST)
XIV. 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 XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the
parties at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days after the
date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written
consent of the non-assigning party shall be void. If the non-assigning party gives its consent to
any assignment, the terms of this Agreement shall continue in full force and effect and no
further assignment shall be made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of
the City and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together
with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable
to Vendor's business, equipment, and personnel engaged in operations covered by this
Agreement or accruing out of the performance of those operations.
GOODS & SERVICES AGREEMENT - 6
(Over$10,000.00, including WSST)
I. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. 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.
VENDOR: CITY OF KENT:
By: By:
(signature) (signature)
Print Name: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Mary Gazdik Timothy J. LaPorte, P.E.
TMG Services, Inc. City of Kent
3216 East Portland Avenue 220 Fourth Avenue South
Tacoma, WA 98404 Kent, WA 98032
(800) 562-2310 (telephone) (253) 856-5500 (telephone)
(253) 779-4165 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
7MG Services-Chlotlnetlon Equip/Bauer
GOODS & SERVICES AGREEMENT 7
(Over$10,000.00, including WSST)
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
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 of 3
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
EXHIBIT A
Scope of work:
Vendor shall provide to the City of Kent two automatic chlorinators, two chlorine
injectors, and two automatic switchover vacuum regulators for one-ton chlorine
containers, in an amount not to exceed $22,499.00 including sales tax. For a
detailed description of the scope of work, see the vendor quote which is attached as
Exhibit A and incorporated by reference into this agreement.
3216 E Portland Avenue
Quality Products- Excellent Service Tacoma, WA 98404
"TMIG253-779-4160
SERVICES tmginc@tmgservices.net
January 17, 2014
Ron Halverson
Kent, City of-Water
220 Fourth Avenue S.
5821 South 240th
Kent, WA 98032-5985
Reference: Wallace and Tiernan Clorinators
i
Dear Ron:
The quote includes two automatic chloinators and injectors and one pair of switchover vacuum regulators
for ton containers.Current lead time is 4-6 weeks.
i
1 Wallace and Tienan VI OK Chlorinator
-25 PPD Rotameter
-SFC-PC Controller
-Panel Mounted
1 Wallace and Tienan VI OK Chlorinator
-50 PPD Rotameter
-SFC-PC Controller
-Panel Mounted
1 Pair Wallace and Tiernan Vacuum Regualtors
-Auto Switchover
-200 PPD
-Heater and Drip Leg
2 Wallace and Tiernan %" Injectors
-Nozzle ?
-Tailway?
PRICE: $18,611 (Includes Freight)*
*Does not include Installation or Start-up
Terms&Conditions of Sale:
-F.O.B.: Kent,WA
-Payment Terms: Net 30 Days
-This price is in effect for 60 days. '..
-Submittals, if required,will be provided 2 weeks after receipt of all technical data at T M G Services.
-Delivery will be made in approximately 4 weeks after receipt of order and/or approvals and resolution of all necessary technical '..
data at T M G Services.
-Quotation prices do not include any sales taxes or any other taxes that may apply.
-This quotation is limited to the products and/or services as listed and excludes any item or service not specifically listed.
Sincerely,
T M G SERVICE'S, INC.
Dean Brown
"SIEMENS Siemens Water Technologies, LLC. 10300 Suncrest Drive
Brian F. Shugrue Leavenworth, WA 98826
Regional Sales Manager, Western USA PH: 509-548-6408
FAX: 509-548-2382
brian.shuorue(�siemens.corn
August 1, 2013
To Whom It May Concern:
This is to confirm that TMG Services is the exclusive authorized Manufacturer's Representative
for Siemens Wallace &Tiernan products in the States of Washington, Oregon, Idaho, Montana
and Alaska.
Brian Shugrue
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $2,000,000 per
accident.
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
This page intentionally left blank.
KENT
Agenda Item: Consent Calendar — 70
TO: City Council
DATE: March 18, 2014
SUBJECT: Kent Regional Trails Connector Project Grant - Accept
MOTION: Move to recommend Council accept a federal grant in the amount
of $1,125,368 for the Kent Regional Trails Connector Project and direct staff
to establish a budget for the funds to be spent within the Kent Regional
Trails Connector Project subject to final terms and conditions acceptable to
the City Attorney and Public Works Director.
SUMMARY: The Public Works Department competed for and was successful in
obtaining a $1,125,368 federal grant for the Kent Regional Trails Connector project.
This project will construct a new, east-west, multi-use trail connecting the existing
Green River Trail to the Interurban Trail. The trail location will be adjacent to the
Green River Natural Resources Area and will include the installation of rectangular
rapid flashing beacons at 64th Avenue and 72nd Avenue and a new "HAWK" signal at
the crossing of West Valley Highway. A new, non-motorized bridge will be constructed
across Mill Creek on the east end, connecting to the Interurban Trail.
EXHIBITS: Washington State Department of Transportation Local Agency Federal Aid
Project Prospectus #CM-0615(008) and WSDOT Local Agency Agreement #LA 81 28
RECOMMENDED BY: Public Works Committee
YEA: Fincher — Higgins - Ralph NAY:
BUDGET IMPACTS: Funding for this work will be provided by the Federal Highway
Administration ($1,125,368.00) which requires a 13.5 percent local match of
$176,635. The City's funding match will be provided through Parks' Trails and Open
Space funding that comes to the City via King County.
This page intentionally left blank.
AOL
Washington State ecal Agency Federal Aid
Department �ff �n��®�tatt®n 5. Project Prospectus
Date 5/9i2013
Prefix Route
Federal Aid \ Central Contractor
Project Number tst�A— Registration Exp.Date
Local Agency / WSDOTI Federal Employer
P )roject Number `Use only Tax ID Number 91-6001254
Agency Federal Program Title
CITY OF ICENT N 20.205 ❑ Other
Project Title Start Latitude N4.7.402423 Stan Longitude W 122.254867
KENT REGIONAL TRAILS CONNECTOR
End Latitude N47.406744 End Longitude _W 122.242169
Project Termini From--To Nearest City Name Project Zip Code
S.224th St&64th Ave S S.218th St&73rd Ave S. KENT 98032
From: To: Length of Project Award Type '....
64th Av S. Interurban 0.84 miles N Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number County Name I WSDOT Region
❑ FHWA N Others STP/CMA 0615 17 KING Northwest Region _
Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO
8 &9 11, 33 and 47 I
Total Local Agency Phase Start
Phase Estimated Cost Funding Federal Funds Date
Nearest Hundred Dollar Nearest Hundred Dollar Nearest Hundred Dollar Month Year
P.E. $247.566 ! $34 286 $213,280 6/2013
RNV
$0 �'� $0 $0_ na
Const. $1 054 437 _ _ $142 349 $_912,088 3/2014
Total $1,302.003 $176,635 $1125,368
Description of Existing Facile Existing Design and Present Condition
Roadway Width Number of Lanes
12 foot wide multi-use trail Not applicable
Both the Interurban Trail and the Green River Trail are used by thousands of people each year,but they are both north/south
corridors in Kent, with no opportunities to transfer from one trail system to the other, except by using the bike facilities in the
street or on sidewalks.
Descrip tit5n 2f P�sed Work
Description of Proposed Work(Attach additional sheet(s) if necessary)
The Kent Regional Trails Connector Project will expand the pedestrian and bicycle network by connecting two regional hails
within the City's street network. An approximately 4,430 long foot hail extension wilt be built comrecthng the Green Rivet-Trail
and the Interurban Trail. This 12-foot wide multi-use trail will include trail lighting, Rectangular Rapid Flashing Beacons,and a
new"HAWK"(a high intensity pedestrian activated crosswalk)Katlic signal to encourage year-round use and promore safe
crossings of city sheets.
Local Agency Contact Person Title - Phone
Mark Howlett Design En ineering Managc_r 253-856-5523
Mailing Address City State Zip Code
400 West Gowe St. Kent —AA-1 98032
Project Prospectus Approval ✓ " Approving Authority 1
L Title Director of Public Works Diat' j f'
DOT Form 140-101 EF Page 1 of 3 0 Previous Editions Obsolete j,
Revised 11110
Agency Project Title Date
CITY OF KENT KENT REGIONAL TRAILS CONNECTOR 5/9/2013
Type of Proposed Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
® New Construction ® Path /Trail ❑ 3-R 12 foot not applicable
❑ Reconstruction ❑ Pedestrian / Facilities ❑ 2-R
❑ Railroad ❑ Parking ❑ Other
❑ Bridge
Geometric Design Data
Description Through Route Crossroad
❑ Principal Arterial ❑ Principal Arterial
Federal ❑ Urban ® Minor Arterial ❑ Urban ® Minor Arterial
Functional ❑ Collector ❑ Collector
❑ Major Collector ❑ Major Collector
Classification ❑ Rural ❑ Minor Collector ❑ Rural ❑ Minor Collector
❑Access Street/Road ❑Access Street/Road
Terrain ® Flat ❑ Roll ❑ Mountain ® Flat ❑ Roll ❑ Mountain
Posted Speed n/a n/a '..
Design Speed n/a n/a
Existing ADT n/a n/a
Design Year ADT n/a n/a i
Design Year ma n/a
Design Hourly Volume(DHV) n/a n/a '...
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
City of Kent % 100
Construction Will Be Performed By Contract Agency
Contractor 100 % ! %
Environmental Classification
❑ Final ® Preliminary
❑ Class I- Environmental Impact Statement(EIS) Class II- Categorically Excluded ICE)
❑ Project Involves NEPA/SEPA Section 404 Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III-Environmental Assessment(EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
The trail improvements will be constructed along the surfaces of existing right of ways. Pervious asphalt is proposed along
sections of the trail adjacent to environmentally sensitive areas. The installations of the Rectangular Rapid Flashing Beacons,
marked crosswalks,traffic signals for pedestrians on West Valley Highway(SR 181), and a pedestrian bridge installed across
Mill Creek will be the bulk of the physical construction associated with this project.
DOT Form 140-101 EF Page 2 of 3
Revised 11/10
Agency Project Title Date
CITY OF KENT KENT REGIONAL TRAILS CONNECTOR 5/9/2013
Right of Way
® No Right of Way Required ❑ Right of Way Required
All construction required by the
❑contract can be accomplished No Relocation ❑ Relocation Required
within the existing right of way.
Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project
The trail will be constructed along the surface of the existing right of way, so no relocation of existing major
structures is anticipated. Should some existing utility structures be encountered, sufficient room exists to move the
trail in order to avoid conflict. Minor,adjustment to the rims of existing underground structures is expected.
Placement locations for the traffic signal pole and flashing beacon bases can be adjusted to avoid possible conflicts
with any existing structures.
FAA Involvement
Is any airport located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and
is not inconsistent with the agency's comprehensive plan for community development.
Agency City Of Kent i
Date By
!I Mayor/Chairperson
DOI Form 140-i01 EF Pagc 3 of 3 Previous Edltinns Obsolete
Revised 11/10
This page intentionally left blank.
r n i „apl
i I4arlo Palk
Olympia, niv 9350d-7300
Oynn Peterscn 360-705-7000
Secretary of Transportation T iY:t-coo-a33-6338
vdshw.msdoi:a,._gov ',,.
June 27, 2013
Mr. Tim LaPorte
Public Works Director
City of Kent
220 Fourth Avenue South
z
Kent, Washington 98032-5838
City of Kent
Kent Regional Trails Connector
CM-0615(008)
FUND AUTHORIZATION
Dear Mr, LaPorte:
We have received FHWA fund authorization, effective June 24, 2013, for this project as
follows:
PHASE TOTAL FEDERAL SHARE
Preliminary Engineering $247,566 $213,280
Enclosed for your information and file is a fully executed copy of Local Agency Agreement
LA-8128 between the state and your agency. All costs exceeding those shown on this
agreement are the sole responsibility of your agency.
FHWA requires projects utilizing federal funds for preliminary engineering or right of way to
advance to construction. Tf this project is unable to proceed to construction, any expended
federal funds must be repaid.
W SDOT authorization to proceed with right of way and/or construction is contingent upon
receipt and approval of your environmental documents.
You may proceed with the administration of this project in accordance with your W SLOT
approved Certification Acceptance agreement.
Sincerely,
Stephanie Tax
Manager, Program Management
Highways& Local Programs
ST:jg:ac
Enclosure
cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NE82-121
VrWashington Mate
Af Department off Transportation L®CalY Agency Agreement
Agency City of Kent CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
Address 220 - 4th Ave. S. ' "�
Project No. _ _ r "jam. _
Kent, Washington 98032 Agreement No. AA
_
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars A-102, and A-133, (5) the policies and
procedures promulgated by the Washington State Department of Transportation, and (6)the federal aid project agreement entered into between the
State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on '....
tine r, column 3, without written authority by the State, subject to the approval of the Federal I Highway Administration. All project costs not
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name (Cent Regional Trails Connector Length 0.84 miles
Termini From PSE Trail and 64th Ave. S. to S. 218th St. and Interurban Trail
Description of Work
The Kent Regional Trails Connector Project will expand the pedestrian/bicycle network,cormecting two regional trails
within the City's street network. An approx. 4,430 foot trail extension will connect the Green River and Interurban
Trails. This 12-foot wide multi-use trail will include trail lighting, Rectangular Rapid Flashing Beacons,and a new
"HAWK"traffic signal,to encourage year-round use and promote safe crossings of City streets.
Estimate of Funding
Type of Work (�) (2) (3)
Estimated Total Estimated Agency Estimated
Project Funds I Funds Federal Funds
PE a.Agency
86.5_ % b. Other Federal on 246 566.00 _ 33,28 213.280.00
c. Other
Federal Aid d. State _ 1,000.00 1,000.00
Participation -___—._ _._--_ --. .. _ -_.-
Ratio for PE e. Total PE Cost Estimate L+b+c+d 247 566.00 34 286.00 213 280.00
Right of Way f. Agency__
0 % _g._Other
Federal Aid —---__--h. Other
Participation i. State
Ratio for RW _j. Total R/W Cost Estimate L+po-h+l)
Construction k Contract
I. Other
m Other _
n. Other
o. Agency
Federal Aid p State
Participation
Ratio for clv ...c.Total CN Cost Estimate(k+l+m+n+o+
r. Total Project Cost Estimate(e+j+ql 247 '566.00 34286.001 213 280.00
Agency Offi6 al",F, -, Washington State ep tment of Tranflr'portation
By By
�f
Title T)u estm of PuhIic_WP[lts Director of Highways and Local Progi arn�
g �1UN '2s`01�a
a g f? j_� Date Executed _
DOT Form 140-039 EF 'I
Revised 09/2011
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award)
❑ Method B-Withhold from qas tax the Agency's share of total construction cost(line 4,column 2)in the amount of
$ at$ per month for months.
Local Force or Local Ad and Award
® Method C-Aoencv cost incurred with oartial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as
a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set
.forth below. Adopted by official action on
Resolution/Ordinance No,
Provisions
1. Scope of Work
The Agency shall provide all the work,labor,materials, and services necessary to perform the project which is described and set forth in detail in
the`Project Description"and"Type of Work." '.......
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described
and indicated in"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved
by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work
subject to the ordinary procedures of the State and Federal Ifighway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project The Agency agrees that the State
shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid
reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the Stale will further act for the Agency in
all matters contenting the project as requested by the Agency,If the Local Agency advertises and awards the project,the State shall review the work
to ensm e conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work j
above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised
and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications,and
federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by Slate forces upon the project
will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls
and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local
government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the
Washington State Department of 1'ransportation.The records shalt be open to inspection by the State and Federal Government at all reasonable times
and shalt be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds
to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State
for each classification.The classifications of work for projects are:
1.Preliminary engineering.
2.Right of way acquisition.
3.Project construction.
In the event that right of way acquisition,or actual construction of the road,for which preliminary,engineering is undertaken is not started by the
closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of
federal funds paid to the Agency under the terns of this agreement(see Section IX),
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will
conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,even though such additional
work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages
relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the
contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the
Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFIt 225 and Office of
Management and Budget circulars A-102 and A-133. 'I he State shall not be ultimately responsible for any of the costs of the project. The Agency
shall be ultimately responsible tot all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this
agreement shall be construed as a promise by the State as to the amount or nature of federal participation In Ihis project.
DOT Fonn 140-039 EF 2
Revised 03/2011
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall
minimize the time elapsed between receipt of federal aid fiords and subsequent payment of incurred costs. Expenditures by the Local Agency for
maintenance,general administration, supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan
has been prepared in accordance with the regulations outlined in 2 CAR 225 - Cost Principles for State, Local, and Indian Tribal Government, and
retained for audit.
The State will pay for State incurred costs on the project.Following payment, the State shall bill the Federal Government for reimbursement of
those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the
Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of
the Agency's share of the total construction cost based on the contract award. The State will notify,the Agency of the exact amount to be deposited
with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such
payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is
substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the
amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund
from the State to the Agency.
Method B— The Agency's share of tine total construction cost as shown on the face of this agreement shall be withheld iiom its monthly fuel tax
allotments.The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each
month.The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the
contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings.
Method C—'The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate,not more than once per month for
those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project-Expenditures
by the Local Agency for maintenance, general administration,supervision, and other overhead shall not be eligible for Federal participation unless ,
claimed under apreviously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the
time of audit,the Agency will provide documentation of all costs incurred on the project.
The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid
costs on the project. The report of said audit shall he in the Agency's files and made available to the Stale and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as
issued by the United States General Accounting Office by the Comptroller General of tine United States; WSDOT Manual M 27-50, Consultant
Authorization, Selection,and Agreement Administration; memoranda of understanding between WSDOT and FIIWA; and Office of Management
and Budget Circular A-133, '..
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, (he Agency shall reimburse
the State for the amount of such overpayment or excess participation(see Section IX).
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as welt as all !,
applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or moic in federal awards from all sources during a
given fiscal year shall have a single or program-specific, audit performed for that year in accordance with the provisions of OMB Circular A-133.
Upon conclusion of the A-133 audit,the Agency shall be responsible for ensming that a copy of the report is transmitted promptly to the Slate.
IX. Payment of Milling
The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work, project
cancellation, overpayment, cost ineligible for federal participation,etc.) is not made to the State within 45 days after the Agency has been hillcd,the
State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of highways and Local
Programs-
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals, or markings not
in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense,maintain
the improvement covered by this agreement.
XI. indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process arid defend at its own expense all claims, demands,
or suits,whether at law or equity brought against(he Agency,State,or Federal Government, raising from the Agency's execution,
DOT Form 140-039 LF 3
Revised 0912011
performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or
arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to
reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from
the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted
contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all neuessary,
and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and
agreements. The WSD0'1's I)BE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this
agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement.
Upon notification to the Agency of its failure to cant'out its approved program, the Department may impose sanctions as provided for under Paul 26
and may, in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1996(31 U.
S.C.3801 etseq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as
defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained firm
the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or
understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for
Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided,that if the applicant so participating is a Stale or Local Government,the above equal
opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or
under the contract.
The Agency also agrees: '.....
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity
clause and rules,regulations,and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in
the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a
contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts
pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and
subcontractors by the State,Federal Highway Administration,or the Secretory of Labor pursuant to Part II,subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following
actions:
(a) Cancel,terminate,or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failme or refusal
occurred until satisfactory assurance of future conlpl iance has been received from the Agency;and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CPR Part 635. Subpart 127, as supplemented; relative to the amount of
Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure
to include liquidated damages provision will not relieve(lie Agency from reduction of federal participation in accordance with this Inn ag aph.
XIV. Termination for Public Convenience
the Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part,
whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the
prosecution of war or in the interest of national defense, or an Executive Order of the President at Governor of the State with respect to the
preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or pennanent restraining order of a
court of competent jurisdiction where the issuance of such order is primarily caused by the acts m omissions of persons or agencies other than
the contractm.
(4) The Secretary determines that such termination is in the best interests of the State.
XV. Vonue for Maims and/or Gauzes of Action
For the convenience of the parties to this contract, it is agreed that anv claims and/or causes of action which the Local Agency has against the
State of Wasiington, growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston
County.
DOT Form 140-039 EF 4
Revised 09/2011
;.VL Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
'fhe approving authority certifies,to the best of his or her knowledge and belief,that:
(1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting
to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member '.
of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan,the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan. or
cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in
connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL,
"Disclosure Form to Report Lobbying,"in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers
(including subgrants,acid contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all
such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission _
of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Additional Provisions
DOT Form 140-039 FF- 5
Revised 0912011
KENT
Agenda Item: Consent Calendar - 7P
TO: City Council
DATE: March 18, 2014
SUBJECT: Consultant Services Agreement with Tetra Tech, Inc. for 2014 Lakes
Water Quality Monitoring - Approve
MOTION: Authorize the Mayor to sign a consultant services agreement with
Tetra Tech, Inc. in an amount not to exceed $24,432.97 to monitor and
analyze surface water quality conditions and aquatic weeds in Lake Fenwick
and Lake Meridian during 2014, subject to terms and final conditions
acceptable to the City Attorney and the Public Works Director.
SUMMARY: Lake Fenwick and Lake Meridian are listed on the 303d list (the nation's
list of "impaired waters" compiled by the State Department of Ecology and the
Environmental Protection Agency) for a number of water quality parameters.
The City has enacted a number of measures to improve water quality at both lakes
including: Constructing stormwater treatment measures and requiring them on private
systems; educating residents about ways to reduce polluted runoff (e.g. natural yard
care and car washing); and in the case of Lake Fenwick, installing an in-lake aeration
system and introducing weed-eating fish (Grass Carp) to reduce non-native aquatic
plants. More improvements are proposed in the near future including increasing the
capabilities of the aeration system and treating Lake Fenwick with non-toxic, algae-
inhibiting chemicals.
Water quality and aquatic weed monitoring and analyses need to occur in order to
direct our management actions, to assess progress in improving water quality and in
meeting standards and to ensure safe conditions for swimming and fishing. This
contract will assist staff by providing the expert help and specialized equipment
necessary to accurately assess lake conditions.
EXHIBITS: Consultant Services Agreement with Tetra Tech, Inc.
RECOMMENDED BY: Public Works Committee
YEA: Fincher - Higgins - Ralph NAY:
BUDGET IMPACTS: No additional unbudgeted funds will be required. The contract
will be paid through the Stormwater Utility Fund.
This page intentionally left blank.
KENT
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
Tetra Tech. Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Tetra Tech, Inc. organized under the laws of the State of
Washington, located and doing business at 1420 5th Avenue, Suite 550, Seattle, WA 98101,
Phone: (206) 838-6261/Fax: (206) 728-9670, Contact: Harry Gibbons (hereinafter the
"Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the
following described plans and/or specifications:
The Consultant shall monitor environmental conditions at Lake Fenwick and Lake
Meridian. For a description, see the Consultant's Scope of Work which is attached
as Exhibit A and incorporated by this reference.
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. Consultant
shall complete the work described in Section I by May 31, 2015.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to
exceed Twenty Four Thousand, Four Hundred Thirty Two Dollars and ninety seven
cents ($24,432.97), 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 within the Consultant's possession pertaining to this project, which may be
used by the City without restriction. 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.
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
employment relates. Consultant shall execute the attached City of Kent Equal Employment
CONSULTANT SERVICES AGREEMENT - 2
(Over$10,000)
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.
In the event Consultant refuses tender of defense in any suit or any claim, if that tender
was made pursuant to this indemnification clause, and if that refusal is subsequently determined
by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the
Consultant's part, then Consultant shall pay all the City's costs for defense, including all
reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and
fees incurred because there was a wrongful refusal on the Consultant's part.
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 or created 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
CONSULTANT SERVICES AGREEMENT - 3
(Over$10,000)
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
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
the City and Consultant.
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
CONSULTANT SERVICES AGREEMENT - 4
(Over$10,000)
other representative of the City, and such statements shall not be effective or be construed as
entering into or forming a part of or altering in any manner this Agreement. All of the above
documents are hereby made a part of this Agreement. However, should any language in any of
the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms
of this Agreement shall prevail.
H. Compliance with Laws. The 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. City Business License Required. Prior to commencing the tasks described in Section
I, Contractor agrees to provide proof of a current city of Kent business license pursuant to
Chapter 5.01 of the Kent City Code.
J. 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: Print Name: Suzette Cooke
Its Its Mayor
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONSULTANT: CITY OF KENT:
Harry Gibbons Timothy J. LaPorte, P.E.
Tetra Tech, Inc. City of Kent
1420 5th Ave., Suite 550 220 Fourth Avenue South
Seattle, WA 98101 Kent, WA 98032
(206) 838-6261 (telephone) (253) 856-5500 (telephone)
(206) 728-9670 (facsimile) (253) 856-6500 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
Tet a Tech-2014 Lakes Monitoring/Knox
CONSULTANT SERVICES AGREEMENT 5
(Over$10,000)
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.
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.
By:
Fo r:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
EXHIBIT A
For
2013 Water Quality Monitoring
Lakes
Fenwick and Meridian
February 12,2014
Prepared for:
City of Kent
Prepared by:
Tetra Tech, Inc.
1420 5th Avenue, Suite 550
Seattle, WA 98101
Attn: Harry Gibbons
206.838.6261
Scope Overview
The City of Kent with the aid of Tetra Tech (Tt) has been monitoring the environmental
conditions at Lake Fenwick and Lake Meridian. The following scope of work for 2014 is
a continuation of the monitoring efforts perfonned since 2006. The scope of work
describes the specific activities that Tt will perform in order to aid the City's continued
effort to collect water quality data from its lakes for 2014.
The primary goals of this project are to:
1) Continue to collect baseline data for amoral assessment of the lakes' enviroranental
health and to provide a long-term database for potential management decisions in the
fahue. said
2) Provide compliance monitoring data for Lake Fenwick in support of the current TMDL
listing for phosphorus.
i
Therefore, the specific objective of this scope of work is to collect data from each of the
two lakes on phosphorus, temperature, dissolved oxygen (DO), pII, Secchi disk,
chlorophyl] a (chl a), and phytoplankton. Additionally at the City's request, sampling at 2
public beaches will be conducted on Lake Meridian. The collected dataset will be
suramaiized and a detailed assessment made as to the overall condition of the lakes for
2014. A specific scope of work is outlined below. Cost estimates for these tasks are
included.
This scope of work is for the cost associated with the collection of the samples orrly and
does not reflect any laboratory analysis. It is assrmred that all laboratory analysis will be
paid form fiill by the City. Transporting of the samples to the appropriate laboratory will
be provided by Tt and is included within this estimate. Allowing the City to directly pay
for the laboratory analysis is expected to save the City in direct fixed costs associated with
the monitoring of the proposed sites.
i
I
Detailed Work Tasks:
Task 1: Project Management
L l Tt will prepare monthly invoicing.
L2 Tt will perform monthly QA/QC analysis of field and laboratory data to
ensure the on-going validity of the collected data.
Deliverables:
• Monthly invoices
Task 2: Monitoring
Described below are the specific sampling tasks that will occur during the 2014
monitoring period. Sampling events will occur on or approximately on the following
dates:
May - 14
June - 11
July - 16
August-13
September -10
October - 15
November- 12
The following tasks will be performed during each sampling event:
Lake Meridian Monitoring
During each sampling event listed above water quality samples will be
taken at the deepest point of the lake at a depth of 1 meter below the lake
surface. The water sample will be analyzed for TP (total phosphorus), chl
a, and phytoplankton. Water transparency will be determined with a
Secchi disc on each sampling occasion. DO, pH, and temperature will be
determined at meter depth intervals on each sampling date. On one
sampling event, in September, additional samples will be collected for TP
and chl a analysis at mid depth and 0.5 meter above bottom sediments.
Lake Fenwick Monitoring
In-lake activities at Lake Fenwick will include water quality samples
taken during each sampling event listed above at the deepest point of the
lake at a depth of 1 meter below the lake surface and 0.5 meters above
bottom sediments for TP and chl a. Additionally, phytoplankton will be
collected at 1 meter below the lake surface once per month on the
proposed sampling dates. Water transparency will be determined with a
Secchi disc on each sampling occasion. DO, pH, and temperature will be
determined at meter depth intervals on each sampling date.
i
Fenwick Inlet Monitoring
The outflow from the Fenwick Wetland is Lake Fenwick's largest inflow
source other than direct precipitation and is delivered to Lake Fenwick
via an inlet channel on the west side of the park Water quality samples
will be taken during each sampling event listed above within the inlet
channel to Lake Fenwick for TP. When possible (depending on water
depth), flow will also be taken in this channel using a Marsh McBirney
Flo-Mate 2000 and USGS top-setting wading rod.
Lake Meridian Swimming Beaches
As a continuation from previous monitoring efforts if request by the City,
Fecal Coliform(FC) samples will be obtained from two designated sampling
locations within the swimming area at Lake Meridian. 'the events will
coincide with designated sampling dates in late July through early September
(July I Irh,August 0", and September 10"). A total of 6 FC samples will be
collected and analyzed.
Assmmiptions:
• Laboratory testing will be performed at Aquatic Research, Inc, and will be paid for
directly by the City. Phytoplankton samples will be analyzed at Water Envlrornnental
Services, Inc, and will be paid for directly by the City. It will be responsible for
transporting the samples to the laboratories mentioned above. Tt wilt provide QA/QC of
the results from samples delivered.
Deliverables
• Water quality data collected during the sampling events listed in Task 4 will be sent
to the city in hard copy and electronic form(Included within Monitoring Report)
Task 3: Lake Fenwick Macrophyte Survey
"the introduction of grass carp into Lake Fenwick to control invasive aquatic plant growth occurred
in 2009. To document the effectiveness of grass carp, a detailed survey for mapping and assessment
of grass carp impact on macrophytes will be conducted in August. A Trimble GeoXH GPS Receiver
will be used to map the spatial extent of macrophytes within Lake Fenwick Species type and
abrmclance will be recorded. The results of the survey, the comparison, and detailed mapping of the
macrophytes will be summarized in'the technical memorandum detailed in Task 4.
Deliverables:
• GIS Shapefiles of macrophyte mapping
Task 4: Water Quality Technical Memorandum
To determine if water quality trends exist, a technical memorandum presenting the data in tabular
and graphical form will be prepared. An assessment of the water quality for 2014 for the sites listed
in Task 2 and 3 will be included in this memorandum. Water quality and phytoplairkton data (•om
2014 will be assessed in the context of similar monitoring data from 2006 through 2013 to
i
determine if trends exist. This assessment will highlight observations and conclusions learned from
previous monitoring results acid focus on the interrelationships between water quality parameters
and phytoplankton production and species community structure. It will also identify potential
environmental risks to water quality or problems that require management response for each
lake.
i
Deliverables:
• Technical memorandum presenting the data in tabular and graphical form and relative
assessment of water quality for 2014 will be prepared. The memorandum will include
data collected by'1't. Two hard copies and one compact disk will be submitted.
Task 5: Record Water Levels
Tetra Tech will continue to maintain data loggers at the inlet(outlet of the wetland) to Lake
Fenwick and the lake itself near the Park Dock in order to collect information on temperature and
water levels.
In order to obtain outlet flow information at Lake Fenwick, a survey of the outlet channel will be
needed. Tt requests that the City provide survey points that will to include X/Y/Z coordinates
and can be delivered in either a CSV data file or an ESRI shapefile with all relevant survey
datums and coordinate systems specified. This survey should include detailed cross sections
across the outlet channel as close to the lake as possible and progressing down the outlet channel
to the south. Two or three sections within the first 100 feet oP the channel and another section
400-500 feet downstream would be best. Ideally, the survey should include a cross section (This
can be one of the 2-3 sections mentioned above) of the channel at its hydraulic control point or
the "tipping point" where the lalce level is high enough that water begins to flow out through the �
channel. It is important to take these sections up past any visible high water marks in the
vicinity on both sides of the channel to maximize the accuracy of any flow data subsequently
derived from this survey. Also, as part of this survey, a stream thalweg profile extending 500 feet
dowrrstrearn of the lake in 50-foot increments (i.e. 10 points) should be collected to determine
the typical slope for the outlet channel as well.
The survey should also include multiple water surface elevation(WSE)points around the edge of
the lake near the outlet, as well as near the lake level logger near the boat launch in the middle of
the park. These will serve as control points to link the level logger data for the day with the
survey data, and thus provide a way to measure the outlet flow in the channel using the lake level
logger data.
j
4 Tetra Tcch, Inc.
In summary:
• 2-3 sections within the first 100 feet of the stream channel, one of which is taken at the
"tipping point" of the stream channel; 1 section 400-500 feet downstream of the
beginning of the channel; Take sections up past high water marks on both sides of
channel;
• Strewn profile with points every 50 feet for 500 feet downstream along the thalweg;
• Multiple water surface elevation points near the stream inlet and near the lake level
logger the same day as the stream survey.
Data will be downloaded at the time of sampling and recorded ror water, TY budgets and
modeling.
Deliverables
• Hourly water level data for lake, inlet
2/12/2014
i
TETRA TFCD,NC. Surface Water Group _ _... ) Fee Estimate
;
C1'EY OP RUNT
)VA'1'FL2 QUALITY Il'ION ITORING FEEESl'NIAM
Principal 1'rolocl L m
a m Lab
r n kicld A:hn 'law Totnl or
ental Technician*
Scientist Scientist Dn 'n - Srpport Hems with OH
Direct Labor+OH +prpfit• S222.51 $16].13 $10'15 S77.25 W OD
7 T
4 Deacriprinn
I Plujocl Manancmmrt 2 2 6 10 $1,d 11.98
2 Ivfonitoriny 2 2 4 128 136 S11,08908
3 Lake I'm....k lvlacmphyte S:alev 4 16 20 $2,126.04
4 TcclutioalVerLdum 4 4 24 Ifi 2 50 $'5,425,36
5 Collect WatermoLm Ns t 10 16 27 $2513,01
1'otnl La bur 13 8 44 1i6 2 243 S22,565.47
°Picas e rate tall e below for DJW
_..- MATERIALS
Ducrip[fon Unit 1 Unit Cost Quantity Coal Notes
---.. ilycholab day I S80.00 7 $560.00
- Secchi Disk day $5.00 7 $35.00
Boat Rental day s50.00 '/ $350.00
Data Recorders far wxt er level - month $25.00 14 $350 00
_.... ceS Rcntat day $Iln.00 1 $11000
- TOTAL MATERIALS: $1,405.00
- -� RGPRODUCl'ION
Description L-it I/;nit Cos[1 Quantity Cost Votes
Nlorrtorir,rport and technic,menus pg $0.10 )DU $50.00
TD TAL REPRO:': $50.00 '..
_. (RAVEL
Description unrf I Unit Cost Qrmtity Cnst Notes
Mileage miles $0.550 750 1 $41250 JGS aarczgeraw
TOTAL UULV EL: $412.50
TO TALCO ST. $24,432.97
I
Labor Rate Table
"H1arR-op -Tabor,
;Staff/Labor Class DJR 'I (ovencca� Rate
Harry Gibbons/Principal Scientist 74.17 3 $222 51 I
Robert Plotnikoff/ProJ ect Scientist 55.71 3 $16713 i
-Shannon Brat telxi/Lnvixonmental Hbgmcer 3515 3 $lOc.45
-
AdamHaines/b'ield Technician" 3057 3 $ 9171 f
Jessica Rliyard/Field 1 echmcian^* 22.44 3 $ 67.32 j
Renec Vandeimause/Field Teclinicran** 24.24 3 $ 7272 j
**Field Technician rate of$77.25 blended bo weri j
Adani,dessica,and Renee;use torn of three on a
`given dale '
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSULTANT SERVICES AGREEMENTS
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.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the 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.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant's
profession.
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 and a $1,000,000 products-completed operations
aggregate limit.
3. Professional Liability insurance shall be written with limits no less
than $1,000,000 per claim and $1,000,000 policy aggregate limit.
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 Contractor 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 - 70
TO: City Council
DATE: March 18, 2014
SUBJECT: Panther Lake Substation License Agreement - Authorize
MOTION: Authorize the Mayor to sign the First Amendment to Shopping
Center License Agreement with PK I Panther Lake LLC, for the rental of
space in the Panther Lake Shopping Center for a three year term to be used
as a police substation, and subject to final agreement of terms and
conditions acceptable to the Police Chief and City Attorney.
SUMMARY: The city of Kent has occupied space in the Panther Lake Shopping Center
since 2011 for use as a police substation. The license fee for the initial three-year
term was waived by PK I Panther Lake, LLC in exchange for the police presence
afforded to the community. This initial term is set to expire on March 18, 2014.
Therefore, the City must decide whether to continue with or vacate the substation
located in the Panther Lake Shopping Center.
The substation is conveniently located in a shopping center in the recently annexed
portion of the city. Although this First Amendment does require the payment of
monthly rent, staff believes the benefit afforded to both police officers and the
community by officers remaining in the field while still completing necessary
paperwork, outweighs the budgetary impact of the rental fee. Without the substation,
officers would be required to leave their sector and return to the main police
department to complete necessary paperwork before the end of their shift.
If approved, the First Amendment extends the license for an additional three-year
term and sets the first year's monthly rental fee as $754.83. This monthly rental fee
will increase annually by 3%. While this First Amendment provides for a three-year
term, the terms of the original License Agreement provide that the license may be
terminated, by either party, upon 30 days' advance written notice. Therefore, should
budgetary concerns arise in the future, the City will have the option to terminate the
license.
EXHIBITS: a) Shopping Center License Agreement - Panther Lake
b) Proposed First Amendment to Shopping Center License Agreement
RECOMMENDED BY: Public Safety Committee
YEA: Berrios - Ralph - Thomas NAY:
BUDGET IMPACTS: Approximately $800 per month rent - General Fund/Patrol
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POLICE DEPARTMENT
� Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
w^ ° ° Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: March 11, 2014
TO: Public Safety Committee
SUBJECT: Panther Lake Police Substation — Information Only
Information Only
SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding the
Panther Lake Police Substation.
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OTHER BUSINESS
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BIDS
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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
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EXECUTIVE SESSION
A. Property Acquisition and/or sale-
ACTION AFTER EXECUTIVE SESSION
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