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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/18/2014 CITY OF KENT Agenda City Council Meeting � m®roa � � ar March 18, 2014 Mayor Suzette Cooke Darla Ralph, Council President Councilmembers Jim Berrios Bill Boyce Brenda Fir7cher Dennis Higgins Deborah Ranniger w, Les Thomas homas C,-ry CLERK yy This page intentionally left blank. 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. !. -i Tnv D Oa � 1D a _0 < nD d n N ;aa -0o-o O N co m oo 0oi` 3m mQ � � °- T mm oo0 mm3 0 � o m 'm m1° x 0 m ? ry p ui� m v a 0 � m 0 ^ rt n 0 0 n a m a m -n o [ 4 S m c m 0 m J- rt - O m m 1D O -° n m n n rt m, o4 v M D aM O m m r m 4 n 33 0n < m a ,ET j w n mm 0 m n m aJ a 0 • o m 0 a j N (D in m � m � � n mn im a o Si+ m n0 rt p J O G m n O W 0 O W n A rt " S d n 2 In C In O n N m rt T 0� 0 =. � J D� O m w M o on .V- =. o � a 0 m n•Ul m d r N N Qn m O o o D< SN y m • o O n E ti : m ti 0 o = m 4� ; 3 rt z• dU4 m � V m v o � CD o n 0 J 3 0 v 3 9 3 0 W m a�0J 0�J c 3"m n s oo o o m oon D0 Dm n m m m 0 0 ma O ° osm s - O m J 3 < m C ^ 3 3 m 3 ° a m -m ; J 0p Jm m O 0 0 ° 3 3 a m 2 C� °Qs Lo e p 3Cmo3gp o 3m •a3 a� m3 m mmmm 5 mm m m D - W' n � Q � m0 nr <r N mo a N _ � Mm m �.? a JN CD 7rtJ- . 1a a � m. am ° Omm � mm ;n o oo30UD n 0 ° D3 3 � D � a ° Om ° 2 °o 0m O- n3 J C O n nd p TO O 0 0 , p - 3 � °O < O O a0 v N C° m O �n 3 3 O ° ^ a °� n 33oo m 3 d p f a Ua ° clmn o DwFamm '+. 30001a m mm dam � J a rt ^mo � ° m m ° m ° 0 1D 0J ; 0m0 = o 0mm (D „ m s < rtrt non m o m m _ 3 3 n 0 ,+ a ; z -o J--o -o W m m a a 'o n D Ol c m m 1a° a u ^ u-n c 3 aa3 m m a m, m mm cn m c am ° v 3 o oo 2 �. 3m o3 U m 3a , (D • O om • � ,�' a � � mSN CCJm Nm J < pnmmnmm °iS mS0 "O 111 x'o C O S n ( N` p m : m m v' 3 j '0 "O d N d N m C o C W = a m C s J j n C D �. O rt 0 J m n n m m 10 S J a J N N ur � Qd an dW o m O a a a-m0m n OoO J d mm S.r ,+ O 4 ° � g pd a aomm Jn m m omo - � n OW m c M2a - OJ Da , ra C - d O C w d ° ° °. N S a - p m m O J - ,n m T N This page intentionally left blank. COUNCIL WORKSHOP 1) Councilmember Orientation 2) Kent Branding Program This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 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 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 This page intentionally left blank. • 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 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 ji i 1^ 1 : I �. Lof 6 y® 8<:'{,1)N'87PEET _ i I 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. O w n 0 'o z 0 N U O O O J N a 0 J W N O U o rn < rn Z 0 o w O r T C czn CD r+ O D z z n rn rn p Z v — D W G) X 0 = ° p 3 I () O (D (D iv (� -00 m O 70 of n O- O p W -O Ga Z co :r C N l!1 o O m a S C J ,J. 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Cl fD (D D p p w S < p ? m o r < o0 w v ^+ — (D O s (D �' = m (D rt 7 a O° O n 00 s N ID Q S iL ID 5 ,. in' fD O 3 O o O or O -p m C v�i m a m n 0 O cn rt m = O m' rD o' N v0i N O .�+ 7 m N M m m � a (D n ID m X M w '0 7 .ID O Et n �^ a n o m g' (D „ o o m s Sl mm < rD w (D a m 0 'O 07 or _O •+ � n or o � � Q n 5 p� a p •+ � or N 7 M X s N o w ? 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 \ \ \ 00 � � i & ■ \ \ CD 0 / } - f7 \ '0 �} } \ � \ \ ( _ - J a ƒ @ OQ \ " . _ pr / % § & , E � t « 0 _ ° - ; !; e } �/ } X kk � ƒ LCL 0 } � \ C f _ eD 03X 7 � 0 � k ) ; § 0 \ 0 03 \ a CL }� ) 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) This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. BIDS This page intentionally left blank. 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 This page intentionally left blank. EXECUTIVE SESSION A. Property Acquisition and/or sale- ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. 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 This page intentionally left blank. 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. 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O rt 0 J m n n m m 10 S J a J N N ur � Qd an dW o m O a a a-m0m n OoO J d mm S.r ,+ O 4 ° � g pd a aomm Jn m m omo - � n OW m c M2a - OJ Da , ra C - d O C w d ° ° °. N S a - p m m O J - ,n m T N This page intentionally left blank. COUNCIL WORKSHOP 1) Councilmember Orientation 2) Kent Branding Program This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 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 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 This page intentionally left blank. • 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 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 ji i 1^ 1 : I �. Lof 6 y® 8<:'{,1)N'87PEET _ i I 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. O w n 0 'o z 0 N U O O O J N a 0 J W N O U o rn < rn Z 0 o w O r T C czn CD r+ O D z z n rn rn p Z v — D W G) X 0 = ° p 3 I () O (D (D iv (� -00 m O 70 of n O- O p W -O Ga Z co :r C N l!1 o O m a S C J ,J. 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Cl fD (D D p p w S < p ? m o r < o0 w v ^+ — (D O s (D �' = m (D rt 7 a O° O n 00 s N ID Q S iL ID 5 ,. in' fD O 3 O o O or O -p m C v�i m a m n 0 O cn rt m = O m' rD o' N v0i N O .�+ 7 m N M m m � a (D n ID m X M w '0 7 .ID O Et n �^ a n o m g' (D „ o o m s Sl mm < rD w (D a m 0 'O 07 or _O •+ � n or o � � Q n 5 p� a p •+ � or N 7 M X s N o w ? 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 \ \ \ 00 � � i & ■ \ \ CD 0 / } - f7 \ '0 �} } \ � \ \ ( _ - J a ƒ @ OQ \ " . _ pr / % § & , E � t « 0 _ ° - ; !; e } �/ } X kk � ƒ LCL 0 } � \ C f _ eD 03X 7 � 0 � k ) ; § 0 \ 0 03 \ a CL }� ) 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) This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. BIDS This page intentionally left blank. 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 This page intentionally left blank. EXECUTIVE SESSION A. Property Acquisition and/or sale- ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. 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 This page intentionally left blank. 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. !. -i Tnv D Oa � 1D a _0 < nD d n N ;aa -0o-o O N co m oo 0oi` 3m mQ � � °- T mm oo0 mm3 0 � o m 'm m1° x 0 m ? ry p ui� m v a 0 � m 0 ^ rt n 0 0 n a m a m -n o [ 4 S m c m 0 m J- rt - O m m 1D O -° n m n n rt m, o4 v M D aM O m m r m 4 n 33 0n < m a ,ET j w n mm 0 m n m aJ a 0 • o m 0 a j N (D in m � m � � n mn im a o Si+ m n0 rt p J O G m n O W 0 O W n A rt " S d n 2 In C In O n N m rt T 0� 0 =. � J D� O m w M o on .V- =. o � a 0 m n•Ul m d r N N Qn m O o o D< SN y m • o O n E ti : m ti 0 o = m 4� ; 3 rt z• dU4 m � V m v o � CD o n 0 J 3 0 v 3 9 3 0 W m a�0J 0�J c 3"m n s oo o o m oon D0 Dm n m m m 0 0 ma O ° osm s - O m J 3 < m C ^ 3 3 m 3 ° a m -m ; J 0p Jm m O 0 0 ° 3 3 a m 2 C� °Qs Lo e p 3Cmo3gp o 3m •a3 a� m3 m mmmm 5 mm m m D - W' n � Q � m0 nr <r N mo a N _ � Mm m �.? a JN CD 7rtJ- . 1a a � m. am ° Omm � mm ;n o oo30UD n 0 ° D3 3 � D � a ° Om ° 2 °o 0m O- n3 J C O n nd p TO O 0 0 , p - 3 � °O < O O a0 v N C° m O �n 3 3 O ° ^ a °� n 33oo m 3 d p f a Ua ° clmn o DwFamm '+. 30001a m mm dam � J a rt ^mo � ° m m ° m ° 0 1D 0J ; 0m0 = o 0mm (D „ m s < rtrt non m o m m _ 3 3 n 0 ,+ a ; z -o J--o -o W m m a a 'o n D Ol c m m 1a° a u ^ u-n c 3 aa3 m m a m, m mm cn m c am ° v 3 o oo 2 �. 3m o3 U m 3a , (D • O om • � ,�' a � � mSN CCJm Nm J < pnmmnmm °iS mS0 "O 111 x'o C O S n ( N` p m : m m v' 3 j '0 "O d N d N m C o C W = a m C s J j n C D �. O rt 0 J m n n m m 10 S J a J N N ur � Qd an dW o m O a a a-m0m n OoO J d mm S.r ,+ O 4 ° � g pd a aomm Jn m m omo - � n OW m c M2a - OJ Da , ra C - d O C w d ° ° °. N S a - p m m O J - ,n m T N This page intentionally left blank. COUNCIL WORKSHOP 1) Councilmember Orientation 2) Kent Branding Program This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 � / 'r This page intentionally left blank. 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. !. -i Tnv D Oa � 1D a _0 < nD d n N ;aa -0o-o O N co m oo 0oi` 3m mQ � � °- T mm oo0 mm3 0 � o m 'm m1° x 0 m ? ry p ui� m v a 0 � m 0 ^ rt n 0 0 n a m a m -n o [ 4 S m c m 0 m J- rt - O m m 1D O -° n m n n rt m, o4 v M D aM O m m r m 4 n 33 0n < m a ,ET j w n mm 0 m n m aJ a 0 • o m 0 a j N (D in m � m � � n mn im a o Si+ m n0 rt p J O G m n O W 0 O W n A rt " S d n 2 In C In O n N m rt T 0� 0 =. � J D� O m w M o on .V- =. o � a 0 m n•Ul m d r N N Qn m O o o D< SN y m • o O n E ti : m ti 0 o = m 4� ; 3 rt z• dU4 m � V m v o � CD o n 0 J 3 0 v 3 9 3 0 W m a�0J 0�J c 3"m n s oo o o m oon D0 Dm n m m m 0 0 ma O ° osm s - O m J 3 < m C ^ 3 3 m 3 ° a m -m ; J 0p Jm m O 0 0 ° 3 3 a m 2 C� °Qs Lo e p 3Cmo3gp o 3m •a3 a� m3 m mmmm 5 mm m m D - W' n � Q � m0 nr <r N mo a N _ � Mm m �.? a JN CD 7rtJ- . 1a a � m. am ° Omm � mm ;n o oo30UD n 0 ° D3 3 � D � a ° Om ° 2 °o 0m O- n3 J C O n nd p TO O 0 0 , p - 3 � °O < O O a0 v N C° m O �n 3 3 O ° ^ a °� n 33oo m 3 d p f a Ua ° clmn o DwFamm '+. 30001a m mm dam � J a rt ^mo � ° m m ° m ° 0 1D 0J ; 0m0 = o 0mm (D „ m s < rtrt non m o m m _ 3 3 n 0 ,+ a ; z -o J--o -o W m m a a 'o n D Ol c m m 1a° a u ^ u-n c 3 aa3 m m a m, m mm cn m c am ° v 3 o oo 2 �. 3m o3 U m 3a , (D • O om • � ,�' a � � mSN CCJm Nm J < pnmmnmm °iS mS0 "O 111 x'o C O S n ( N` p m : m m v' 3 j '0 "O d N d N m C o C W = a m C s J j n C D �. O rt 0 J m n n m m 10 S J a J N N ur � Qd an dW o m O a a a-m0m n OoO J d mm S.r ,+ O 4 ° � g pd a aomm Jn m m omo - � n OW m c M2a - OJ Da , ra C - d O C w d ° ° °. N S a - p m m O J - ,n m T N This page intentionally left blank. COUNCIL WORKSHOP 1) Councilmember Orientation 2) Kent Branding Program This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 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 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 This page intentionally left blank. • 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 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 ji i 1^ 1 : I �. Lof 6 y® 8<:'{,1)N'87PEET _ i I 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. O w n 0 'o z 0 N U O O O J N a 0 J W N O U o rn < rn Z 0 o w O r T C czn CD r+ O D z z n rn rn p Z v — D W G) X 0 = ° p 3 I () O (D (D iv (� -00 m O 70 of n O- O p W -O Ga Z co :r C N l!1 o O m a S C J ,J. 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Cl fD (D D p p w S < p ? m o r < o0 w v ^+ — (D O s (D �' = m (D rt 7 a O° O n 00 s N ID Q S iL ID 5 ,. in' fD O 3 O o O or O -p m C v�i m a m n 0 O cn rt m = O m' rD o' N v0i N O .�+ 7 m N M m m � a (D n ID m X M w '0 7 .ID O Et n �^ a n o m g' (D „ o o m s Sl mm < rD w (D a m 0 'O 07 or _O •+ � n or o � � Q n 5 p� a p •+ � or N 7 M X s N o w ? 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 \ \ \ 00 � � i & ■ \ \ CD 0 / } - f7 \ '0 �} } \ � \ \ ( _ - J a ƒ @ OQ \ " . _ pr / % § & , E � t « 0 _ ° - ; !; e } �/ } X kk � ƒ LCL 0 } � \ C f _ eD 03X 7 � 0 � k ) ; § 0 \ 0 03 \ a CL }� ) 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) This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. BIDS This page intentionally left blank. 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 This page intentionally left blank. EXECUTIVE SESSION A. Property Acquisition and/or sale- ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.