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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/04/2014 CITY OF KENT Agenda City Council Meeting � m®roa ar March 4, 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 4, 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 B&O Project List Tim LaPorte 10 min Riverbend Golf Complex Jeff Watling 80 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. Oath of Office, Councilmember Fincher B. Public Recognition C. Community Events D. Legislative Update E. 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. Excused Absence for Councilmember Berrios D. B&O Tax Exemptions and Deductions Ordinance — Adopt E. New Water Superintendent I Classification - Approve F. Position Change from Supervisor to Special Projects Manager — Approve (Continued) COUNCIL MEETING AGENDA CONTINUED G. Consultant Agreement for the Green River Trail Projects from Veterans Drive to Three Friends Fishing Hole — Authorize H. Land 0' Frost Donation Agreement - Authorize I. 2014 Washington State Slo-Pitch Umpires Association Agreement - Authorize J. Fire Station #74 Data Center Remodel Agreement with Dutton Electric Company, Inc. — Authorize K. 2013 Fourth Quarter Fee-in-Lieu Funds — Accept L. Malik Ridge Final Subdivision Plat — Approve and Authorize M. Boeing Company - Release and Cancellation of Sanitary Sewer Easement — Approve N. Boeing Company - Release and Cancellation of Public Turnaround Easement — Approve 8. OTHER BUSINESS A. Consultant Services Contract with Karras Consulting — Authorize 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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COUNCIL WORKSHOP 1) B&O Project List 2) Riverbend Golf Complex 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) Oath of Office, Councilmember Fincher B) Public Recognition C) Community Events D) Legislative Update E) 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 N. 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 January 15 and paid on January 15 after auditing by the Operations Committee on February 18, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/14 Wire Transfers 5728-5745 $1,988,546.41 1/15/14 Regular Checks 67950-679925 $1,295,854.08 Void Checks $0.00 1/15/14 Use Tax Payable $6,499.05 $3,290,899.54 Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 18, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/14 Wire Transfers 5746-5765 $1,679,770.09 1/31/14 Regular Checks 679926-680427 $6,813,860.57 Void Checks ($2,303.88) 1/31/14 Use Tax Payable $193.46 $8,491,520.24 Approval of checks issued for payroll for January 1 through January 15 and paid on January 17, 2014: Date Check Numbers Amount 1/17/2014 Checks 334085-334221 $71,832.03 Voids and Reissues 1/17/2014 Advices 324082-324704 $1,454,329.89 $1,526,161.92 Approval of checks issued for payroll for January 16 through January 31 and paid on February 5, 2014: Date Check Numbers Amount 2/5/2014 Checks 334222-334364 $82,221.41 Voids and Reissues 2/5/2014 Advices 324705-325324 $1,301,452.12 $1,383,673.53 11 � KENT WASH IMJ T0N Kent City Council Workshop February 18, 2014 The workshop meeting was called to order at 5:00 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Berrios, and Ranniger (arrived at 5:34 p.m.) Council President Ralph noted that Councilmembers Thomas and Higgins were excused from the meeting. Council Retreat 2014 - Council President Ralph discussed the Council Retreat. She highlighted that it will consist of the Comprehensive Plan and the RESPECT training. She also stated that there may be a discussion concerning information technology. Councilmember Berrios communicated that he would like discussions tied to the Berk Study and what the taxpayers have paid for. He added that he would like some discussions on what has been done with the study. Council President Ralph communicated that the session would be 2:00 p.m. to 6:00 p.m. on Friday and possibly beginning on 8:30 a.m. on Saturday. Councilmember Boyce stated it would be nice to revisit the strategic goals and Tom Brubaker, Interim Chief Administrative Officer said he would contact Mr. Andrew Ballard concerning the Berk Study. Council President Ralph communicated that the Department Director Top Issues discussion was done to set up a framework. Councilmember Berrios said he would also like to look at the unfilled positions in the City and Brubaker communicated that it should be looked at in respect to the budget and staffing needs. 2014 Top Departmental Issues - Jeff Watling, Parks, Recreation and Cultural Services Director presented his departments top issues. He noted that they were shared with the Parks and Human Services Committee and that the issues are: Park Infrastructure, the Green River Corridor, the Riverbend Golf Complex, and how to initiate some recreation facilities planning with the public. Watling stated that parks are aging and there isn't enough funds to correct all of the shortcomings. He noted that the funding sources to address these issues are dwindling and some things can't be continued in the future. He noted that the public and the Council will be kept abreast of things that may or will be cut. Councilmember Boyce discussed the failed levy and stated that the City needs to communicate with the community early and often on those assets that may need to be purged. Watling continued and said there are a number of projects planned along the Green River Corridor. He added that having a river/trail system is an opportunity in the future, but prioritizing all of the different ideas is key. Kent City Council Workshop Minutes February 18, 2014 Council President Ralph stated that having a unified front as a city between Parks and Public Works is very important. Watling said that dealing with the core Riverbend Golf Complex problem is difficult and that there is a meeting on March 4. Councilmember Berrios noted the importance of ensuring something gets done instead of letting another 20 years go by. Watling continued and said initiating some recreation facilities planning discussions with the public needs to occur. He added that there are facillities that have served a wonderful life and within 5 years some decisions need to be made on some aging facilities. He discussed changes in the City such as a growth in population and the fact that the YMCA has interest in having a center in Kent. Another question, he said, is what the Kent vision for the recreation facilities will be. Council President Ralph noted that there are some great things going on in Kent and the issue is how to keep that momentum going when the facillities are aging. Councilmember Boyce confirmed that there is still a shared-use agreement in place between the school district and the City. Tim LaPorte, Public Works Director discussed his top issues. The first issue he discussed was levee accreditation. He discussed the funding statuses thusfar. He noted that the reach north of James Street is awaiting funds from the King County Flood Control District and they should be released in the spring. He noted that obtaining full accreditation for the full 12 miles will require working with the Washington State Department of Transportation (WSDOT). He added that they are also working with the railroad. Council President Ralph inquired if the Systemwide Improvement Framework (SWIF) work will have any impact on the levee accreditation or is it a separate process. LaPorte replied that the SWIF process is separate of the accreditation. He noted that SWIF looks at the entire system, not just the levees. He added that the King County Council has acknowledged the City's accreditation process and that the total amount is about $70 millon and the City has spent about $40 to $50 million. LaPorte discussed the next item on his list, water system sustainability. He discussed the replacement of the Guiberson Reservoir and the construction of a pressure zone. He noted the key endeavors for 2014 are to pursue more water customers and review the City's rate structure, preparing for a system based on cost of service versus consumption. He added that without larger customers, the City will need to raise rates. LaPorte discussed the sanitary sewer system sustainability. He noted that there have been system backups and that Horeshoe Acres needs to be replaced. He stated that two areas need to be totally replaced. He proposed basin charges to replace the pump stations and system hookup fees for new sewer connections. He added that Kent is the only City in the area that doesn't charge for new service. 2 Kent City Council Workshop Minutes February 18, 2014 LaPorte continued and discussed transportation system sustainability. He said the City has 320 miles of streets, 200 miles of sidewalks, and 200 signals. Key endeavors, he explained, are to implement B&O projects after Council approval, determine additional funding sources for deteriorated streets and possibly set up a franchise fee on the solid waste utility. He discussed developing a comprehensive policy regarding street trees in conjunction with road and sidewalk rehabilitation. Initial areas to address, he stated, would be James Street (hill), West Meeker Street, North Central Avenue, and South Central Avenue. Brubaker summarized about the city's debt and staffing needs. He stated that the City has more needs than revenues. He said that within three to four years things should start looking better and it will be very difficult to address all of these needs. B&O Proiect List - Tim LaPorte, Public Works Director discussed the B&O Project list. He noted that staff needs direction in the winter to get going with the projects in the spring. He stated that the remaining B&O funds are $5.8 million and if Council moves forward with the proposed project there will be $4 million available to be used. He stated that the list was shown to the Public Works Committee. He highlighted some of the in-house projects that were done in 2013, such as West James Street, 4th Avenue South, and 64th Avenue South. He reviewed the projects that staff has identified as being able to be done in house this summer and communicated that sidewalk projects equal about $75,000. Those projects would include upgrading wheelchair locations for ADA requirements. He discussed asphalt replacements that are needed to be done on E. Gowe Street on March 1 if the Council approves. Councilmember Berrios inquired if the trees that have been removed and have caused damage are going to be replaced. Brubaker confirmed that the trees that were chosen were the issue and due diligence will be done to have the right tree placed in the right location. LaPorte communicated the list of sidewalk projects that were chosen by staff and sidewalk work can be done year-round. Councilmember Berrios confirmed that some of the sidewalk work would need to be contracted out. However, if it is smaller work it could be done in house. LaPorte added that the ADA work is done in-house. LaPorte communicated that striping needs to be done every year through a contract with King County and that the City is in the middle of replacing all of the signs with the Federal standard. LaPorte continued and discussed guardrails and added that they also need to be paid for or replaced due to accidents. He noted that they run about $20,000 per year. Chad Bieren, Assistant Public Works Manager added that the $20,000 is a part of the expenditure on the consent calendar today. 3 Kent City Council Workshop Minutes February 18, 2014 Councilmember Boyce discussed the temporary sign workers and inquired if kids can do the work during the summer months and LaPorte communicated that they had to be 18 years or older. LaPorte noted that there are 16 street lights on Benson that aren't connected to the City's system, because during the Panther Lake annexation they weren't released by King County. Additionally, the inclusion of the interconnection system and cameras on Canyon Drive would be a significant improvement to the system. He added that it would be a backbone to a future system allowing people to see Kent traffic online. He noted that the cost of this would be $100,000 and having a UPS backup system to the signal lights would be $75,000. The loops need to be maintained because they fall apart when the sidewalks fail, he said. He discussed the Neighborhood Traffic Calming Progam, traffic studies, speed humps, and traffic circles. Councilmember Berrios discussed the striping and verified that $200,000 is for striping and reflectorization of streets in the City. He added that there was striping done in September 2013. Councilmember Boyce communicated that this is a very good list and communicating this to businesses and showing them where their funds are being used is good. Councilmember Ranniger communicated that she felt the list was balanced and doesn't want to recommend cutting an entire area, like removing all sidewalks or any geographical area of projects. LaPorte explained that the worst area is North Central Avenue from Smith to James Streets. Thompson added that that area is slated to be reconstructed. Clarification came from Chad Bieren, City Engineer that the southern section of North Central Avenue was worked on by the state. Councilmember Berrios agreed with Ranniger and said the critical sections need to be looked at and that the business community believes the streets only will be repaired, not sidewalks, etc. He said the City needs to be clear on their communication in the future. LaPorte communicated that a plan for tree replacement will need to be brought to the Parks and Human Services Committee and these projects need to be done all at once. He also stated that a plan for determining what trees will be replaced with concrete will need to be developed. LaPorte communicated that Councilmember Higgins wanted the Council to add guardrail to this list. Council President Ralph inquired if a wood guardrail could be used instead of metal and verified that a part of the analysis will be what materials should be used. Brubaker suggested, that LaPorte and his group review the numbers and bring them back to the Council. 4 Kent City Council Workshop Minutes February 18, 2014 LaPorte confirmed with Councilmember Berrios that none of the projects include concrete, however, there are very good candidates for it. He stated that a new asphalt street is only good for 12 years. Brubaker suggested a discussion at the retreat on what to be done on this. Council President Ralph communicated that either the City needs to fully rebuild North Central Avenue or provide a temporary fix Councilmember Berrios confirmed that LaPorte would come back with a suggestion for North Central Avenue from James to Smith. Furthermore, he wants to know what the B&O fund estimates are in the future. Brubaker repled that in a good year $5.5 million per year will be derived from the B&O tax. Council President Ralph added that there is a possiblility of $3.1 million coming from the proposed King County Transportation Benefit District. Mayor Cooke pointed out that the $300,000 set aside for the auditors isn't sufficient and the staff costs for the administration will be more. Mayor Cooke communicated that the correct amount won't be determined until it goes to the Committee. Brubaker communicated that in 2013 the $300,000 was underspent, but in Customer Service they are having to respond to a quantity of phone calls and getting the B&O system running properly has turned into a heavy burden for Robert Goerhering, the head auditor. The meeting adjourned at 6:36 p.m. Ronald F. Moore, MMC City Clerk 5 This page intentionally left blank. KENT Kent City Council Meeting February 18, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Ralph, and Ranniger. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Ralph removed item 7D, Legislative Update and added Consent Calendar Items I and J, excused absence of Councilmember Higgins and excused absence of Councilmember Thomas. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. None. B. Community Events. Councilmember Ranniger announced the Kids' Art Day event on March 1 at the Kent Commons. C. Introduction of Human Service Commission Reappointees, Mike Heinisch, Bill Hallerman and Wade Schwartz. Mayor Cooke announced the reappointments to the Human Service Commission. Mike Heinisch and Bill Hallerman were absent. Wade Schwartz stated he has been on the commission for the past two years. D. Legislative Update. Removed from the agenda. E. Economic and Community Development Report - Ben Wolters, Economic and Development Director noted that there were over 4,000 permit applications issued in 2013 with a value of over $154 million dollars in building valuation. He stated that there have been $10 million in permits issued in January this year. He communicated there is significant potential for development in 2014 to increase REET and sales tax returns. He stated that aerospace is a large part of the city's growth. He noted that housing growth has also increased with 1,000 homes being built over the past five years. Additionally, there are thirty new plat applications going on now, concluding that Trader Joe's is here and is scheduled to open in October 2014. Kurt Hanson, Economic and Development Manager discussed how the City tells its' story to the marketplace. He communicated about Trader Joe's opening up at the Marketplace in Kent Meridian. He discussed how retail will be attracted to Kent in the future and noted that the work done to locate a Trader Joe's in Kent will be used as a case study going forward. Hanson discussed grocery store vacancies in the future and the reduction in size of grocery stores. However, he noted that grocery sales are estimated to go up 13 percent. Therefore, there is opportunity for a new grocer here, especially since Top Foods vacated their lease on East Hill. He noted that he and Ben will be working on this in the next twelve months. He discussed The Platform and the excitement that is being generated in this development and that Airways Brewing has a plan related to that project. He reviewed some of the amenities involved in the Kent City Council Minutes February 18, 2014 project. He discussed the Meeker Street Revitalization Project to spur on investment in that area and that it will be going to the Economic and Development Committee in the next few months. Mayor Cooke verified that Josh Hall is leaving the City and taking a position with the City of Seattle Human Service Division. F. Public Safety Report. Ken Thomas, Police Chief communicated that vehicle prowls are higher this month and auto theft is slightly going up. He said that he has recalled one of his officers from the King County Task Force to work the City of Kent theft cases. He continued and noted that robberies have bounced up a little in the statistics, but have reduced over the past two weeks. He stated that commerical and residential burglaries continue to go down. Council President Ralph communicated that there is a Community Meeting hosted by Police Chief Thomas on March 13 and he explained what topics would be discussed at the meeting. Mayor Cooke suggested having police statistics concerning if the suspects are repeat suspects, if they are tied to more than one crime, and if they are from Kent. Thomas repled that he would get that information to the Council at the next meeting. Councilmember Berrios communicated that the arrest information should be tied to the crimes for each month. He said it would be good to see how many arrests go along with the offenses. G. Council Appointment Process Update. Council President Ralph communicated that there is was a special Council meeting for reviewing the thirty-eight applicants. She stated that the interview process will take place next Tuesday and the Council will have an Executive Session and hopefully name the next Councilmember that evening. H. Intergovernmental Reports. Council President Ralph attended the WRIA-9 Watershed meeting and the highlights were that Colonel Bruce Estok, Commander of the U.S. Army Corps of Engineers gave an overview of the projects going on at the Boeing Levee. She added that there was conversation concerning stormwater and what cities can do to continue preventing runoff and make the project better. She also communicated that there was a South County Area Transportation Board meeting and 2040 transportation was discussed and there would be some federal dollars coming and work on creating a list to obtain some of those funds. Councilmember Boyce said the Water Quality District meeting was cancelled and will be held next month. He noted that he attended the Sound Cities Association meeting and the 60/40 proposal was adopted. He noted that since the Council took a neutral position he had to recuse himself from the vote. PUBLIC HEARINGS None. 2 Kent City Council Minutes February 18, 2014 PUBLIC COMMENT 1. Danny Miller, Kent - Miller stated that he is here on behalf of his daughter. He communicated that he contacted the police and was told that his daughter had to park three blocks away from her home. He said there should be parking permits or a zoned parking area. Mayor Cooke communicated that this issue has been brought to light and there is a parking study going on right now. 2. R.C. Sample, Kent - Sample stated that he tried to speak to the Council last week and it is a shame that citizens have to speak to the media to get the Council to respond. He said that the committee to "Save the Par 3" has a meeting scheduled with Councilmember Higgins and Jeff Watling. Councilmember Boyce thanked Sample for coming. He said the Council takes public comment seriously and added that no decision has been made. Council President Ralph communicated that she takes this part of the meeting seriously and is greatful for what Sample has done with Veteran's Drive and what he is doing with Par 3. 3. Richard Wilkinson, Kent - Wilkinson communicated that the City will miss Josh Hall and he has been an asset to the City. He noted that he was surprised when Bailey Stober wasn't chosen as one of the candidates to move forward in the Council vacancy interview process. He added that Bailey received 46% of the vote for Position #6 and the Council ignored this. He wants the Council to reconsider how the process is being done. He stated that Councilmember Boyce communicated in the last meeting that the Council is following the process of the state and felt his vote as a resident has been ignored. He inquired if there will ever be a "Meet your Council" type of process in the future. Pat Fitzpatrick, Acting City Attorney communicated that state law doesn't prescribe any specific process. He communicated that in both of the previous processes when a councilmember vacancy occurred it was done this way. He added that the process was deliberative and publicly noticed in several manners. 1. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through J, seconded by Councilmember Boyce. A. Minutes of the workshop and regular Council meeting of February 4th 2014 and special meeting of February 11, 2014, The minutes of the workshop and regular Council meeting of February 4, 2014 and special meeting of February 11, 2014 were approved. 3 Kent City Council Minutes February 18, 2014 B. Public Disclosure Administrator Position — Approve. The Mayor was authorized to add a Public Disclosure Administrator position to the City Clerk's Office, including a budget adjustment of $11,408, and freeze the position of Deputy City Clerk until further notice. C. Ordinance changing Council Workshop meeting time - Adopt. The Council adopted Ordinance No. 4104 , amending Section 2.01.020 of the Kent City Code to change the Council workshop meeting time to 5:00 p.m. on all regular Council meeting days except when the regular Council meeting occurs at 5:00 p.m. D. Emergency guardrail repair service contract with Peterson Brothers, Inc. — Authorized. The Mayor was authorized to sign a service agreement with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Lab sampling agreement with Am Test, Inc. — Approved. The Mayor was authorized to sign a Goods and Services Agreement with Am Test, Inc. for coliform sampling and testing in an amount not to exceed $43,392.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. East Hill Well Motor Control Center & Generator upgrade proiect completion — Accept. The Mayor was authorized to accept the East Hill Well Motor Control Center & Generator Upgrades Project as complete and release retainage to Gary Harper Construction, Inc., upon receipt of standard releases from the state and the release of any liens. G. Zoning code landscape provision amendment ordinance — Adopted. The Council adopted Ordinance No. 4105, amending Section 15.07.060 of the Kent City Code to correct an error in Ordinance No. 4074. H. Reappointments to Human Services Commission — Confirmed. The Council confirmed Mayor Cooke's reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms. OTHER BUSINESS A. None. BIDS REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph noted that the Top Issues from the Parks, Recreation and Cultural Services and Public Works was discussed. She added that the B&O Project list was also discussed during the workshop. She highlighted that this would be brought to the Council at the first meeting in March. 4 Kent City Council Minutes February 18, 2014 B. Mayor. Mayor Cooke communicated that she has expressed her opinion on the liquor control board marijuana process as the Mayor which the Council hasn't taken a position on. She noted that she testified in Olympia that a portion of the taxes from marijuana sales be distributed to cities. She reaffirmed that the position she has taken is that of the Mayor and not as the Council. Mayor Cooke also stated that she, as the Mayor, also has verbally supported the King County establishment of a Transportation Benefit District. Mayor Cooke brought up Councilmember Boyce's previous comment in that he had to recuse himself from the vote at the Sound Cities Association on this issue because the Council put forth a neutral vote. She urged the Council to move forward on these issues and look at the alternatives. Mayor Cooke continued and discussed cooperation between the departments, to include the collaboration between Public Works and the Parks Department working on street maintenance, parks areas, levees, and other projects in the City. She also noted that the police are delving into what needs to be done in order to reduce crime. She also stated that the staff is moving forward with its RESPECT training. C. Administration. No report. D. Economic & Community Development Committee. Councilmember Boyce stated that the report is in the minutes. E. Operations Committee. Councilmember Boyce communicated that the B&O Tax is going into its second year and the process of omitting non-profits in the future was discussed. F. Parks and Human Services Committee. Councilmember Ranniger stated that the next Parks and Human Services meeting is February 20 at 5:00 p.m. G. Public Safety Committee. No report. H. Public Works Committee. Council President Ralph communicated that the next Public Works Committee meeting is on February 24th and they will be reviewing the B&O project list. I. Regional Fire Authority. No report. Councilmember Boyce communicated that there was a Lodging Tax Advisory Board meeting and the branding effort the City will be going through was discussed. He noted the meetings will be February 24 and 25, and a report out by the consultant on February 26. EXECUTIVE SESSION No executive session. ACTION AFTER EXECUTIVE SESSION Mayor Cooke introduced Austin England, a Boy Scout. 5 Kent City Council Minutes February 18, 2014 England stated that he has never been to a Council meeting and would like to attend future meetings. He stated it is interesting to hear all the discussion on items that go through the Council. ADJOURNMENT The meeting adjourned at 8:07 p.m. Ronald F. Moore, MMC City Clerk 6 KENT Kent City Council Special Meeting February 25, 2014 The special meeting of the Kent City Council was called to order at 6:01 p.m. by Council President Ralph. Councilmembers present: Higgins, Berrios, Boyce, Ranniger, and Thomas. Mayor Suzette Cooke was excused from the meeting. CHANGES TO THE AGENDA A. Ooenina Remarks. Council President Ralph discussed the appointment process. B. Individual Interviews of Council Candidates. Tom Brubaker, Interim Chief Administrative Officer took the seven candidates into the lobby and determined what the order of interviews would be through a straw poll. Brubaker entered the Chamber and announced the candidates would be interviewed in the following order: Sarah Veele, Jed Aldridge, Barbara Phillips, Debra Raplee, David Wade Schwartz, Brenda Fincher, and Christine Budell. Each candidate responded to the same five questions posed by the Council and any follow-up questions that were presented. EXECUTIVE SESSION At 7:33 p.m., Council President Ralph announced that the Council would recess into an Executive Session for thirty minutes to discuss the qualifications of a candidate for appointment to elective office, as per RCW 42.30.110(1)(h). At 8:03 p.m., Council President Ralph extended the Executive Session for an additional twenty-five minutes. At 8:23 p.m., the Executive Session concluded and Council President Ralph reconvened the special meeting. ACTION AFTER EXECUTIVE SESSION Councilmember Higgins thanked the Council for a respectful, thorough, and well run process. He said it is a shame because of the time spent on the applications and preparing for this opportunity that all the thirty-eight applicants can't be chosen. However, he urged all of the applicants to stay involved in city government. Whether it is a compliment or complaint, he urged the residents to call or write the Council, come to the meetings and make public comment, get involved with the Neighborhood Councils, write a letter to the Kent Reporter, or start a blog. He noted that all of the applicants are needed and urged them to stay involved. He appreciated all of the applicants efforts. Council President Ralph echoed Councilmember Higgins' comments and said it was exciting to see the number of applicants for this position. She said this was a very Kent City Council Special Meeting February 25, 2014 talented pool and thanked the applicants for going through this for the benefit of the community. Councilmember Thomas moved to appoint Brenda Fincher to fill vacant Council Position No. 6, seconded by Councilmember Higgins. Motion carried 6- 0. Council President Ralph communicated that Councilmember Fincher was assigned to the Public Works Committee and the Parks and Human Services Committee which meets on Monday at 4:00 p.m. ADJOURNMENT The meeting adjourned at 8:31 p.m. Ronald F. Moore, MMC City Clerk KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: March 4, 2014 SUBJECT: Excused Absence for Councilmember Berrios - Approve MOTION: Approve an excused absence for Councilmember Berrios who is unable to attend the March 4, 2014 Council meeting. SUMMARY: None EXHIBITS: None RECOMMENDED BY: Council President Ralph BUDGET IMPACTS: None This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: March 4, 2014 SUBJECT: B&O Tax Exemptions and Deductions Ordinance - Adopt MOTION: Adopt Ordinance No. , 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. SUMMARY: The City's business & occupation tax was effective January 1, 2013. The Association of Washington Cities (AWC) drafted both the model ordinance and the model ordinance guidelines, containing numerous exemptions and deductions that are optional for cities imposing a B&O tax. While not mandatory, a number of Washington cities imposing B&O taxes have adopted several of the same optional deductions and exemptions that the city of Kent has not. The Finance Department has found that this lack of uniformity has led to confusion and incorrect reporting for some taxpayers who pay B&O tax in Kent and in other jurisdictions. Now that the City and local taxpayers have had a year's worth of experience with the City's B&O tax, the Finance Department recommends that the City adopt certain of the optional deductions and exemptions as set forth in the AWC model ordinance guidelines to ensure that the City's tax is more fairly, equitably, consistently, and efficiently administered. Exemptions and deductions both result in a decrease in taxable B&O gross receipts; however, organizations are not required to report exemptions. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph, Boyce, Thomas NAY: BUDGET IMPACTS: Depends on the extent of additional activities eligible for exemption or deduction from the City's B&O tax. The Finance Department expects the financial impact to be relatively minimal. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.28 of the Kent City Code, pertaining to the business and occupation tax, to adopt further exemptions and deductions and to clarify a portion of the square footage tax component. RECITALS A. On November 20, 2012, the City Council passed Ordinance No. 4054, adopting a business and occupation (B&O) tax that included both a gross receipts component and a square footage component. That ordinance went into effect beginning January 1, 2013. B. Chapter 35.102 RCW required that the City implement its B&O tax based on a model ordinance that contained mandatory provisions applicable to all Washington cities. C. RCW 35.102.040(3) provides that except for certain deductions and exemptions prescribed in Chapter 35.102 RCW and the model ordinance, a city may adopt its own provisions for tax credits, tax exemptions and tax deductions. 1 Amend Chapter 3.28 KCC Ordinance D. The Association of Washington Cities (AWC) drafted both the model ordinance and the model ordinance guidelines, containing numerous exemptions and deductions that are optional for cities imposing a B&O tax. While not mandatory, a number of Washington cities imposing B&O taxes have all adopted several of the same optional deductions and exemptions that the city of Kent has not. The Finance Department has found that this lack of uniformity has led to confusion and incorrect reporting for some taxpayers who pay B&O tax in both Kent and in other jurisdictions. E. One of the most important considerations in setting and implementing tax policy is to strive for fairness, consistency, equity, and efficiency. F. Now that the City and local taxpayers have had a year's worth of experience with the City's B&O tax, the Finance Department recommends that the City adopt certain of the optional deductions and exemptions as set forth in the AWC model ordinance guidelines to ensure that the City's tax is more fairly, equitably, consistently, and efficiently administered. G. The City wishes to also amend a portion of the square footage tax component to clarify correct reporting requirements based on state law governing the taxability of certain rental income, and to include a new definition, "Artistic or cultural organization," to support one of the recommended deductions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Amend Chapter 3.28 KCC Ordinance ORDINANCE SECTION 1. Amendment. Section 3.28.030 of the Kent City Code, is hereby amended as follows: Sec. 3.28.030 Definitions. In construing the provisions of this chapter, the following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. A. Advance, reimbursement. 1. Advance means money or credits received by a taxpayer from a customer or client with which the taxpayer is to pay costs or fees on behalf of the customer or client. 2. Reimbursement means money or credits received from a customer or client to repay the taxpayer for money or credits expended by the taxpayer in payment of costs or fees of the customer or client. B. Agricultural product, farmer. 1. Agricultural product means any product of plant cultivation or animal husbandry including, but not limited to: a product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15.85.020; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.85.020, or a bird, or insect, or the 3 Amend Chapter 3.28 KCC Ordinance substances obtained from such an animal. "Agricultural product" does not include animals intended to be pets. 2. Farmer means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption. "Farmer" does not include a person selling any animal or substance obtained therefrom in connection with the person's business of operating a stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber. C. "Artistic or cultural organization". As used in this chapter: 1. The term "artistic or cultural organization" means an organization which is organized and operated exclusively for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs, as defined in subsection (10) of this section, for viewing or attendance by the general public. 2. The organization must be a not-for-profit corporation under chapter 24.03 RCW. 3. The organization must be managed by a governing board of not less than eight (8) individuals none of whom is a paid employee of the organization or by a corporation sole under chapter 24.12 RCW. 4. No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws. 4 Amend Chapter 3.28 KCC Ordinance 5. Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels comparable to the salary or compensation of like positions within the state. 6. Assets of the corporation must be irrevocably dedicated to the activities for which the exemption is granted and, on the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of any member or individual except a non-profit organization, association, or corporation which also would be entitled to the exemption. 7. The corporation must be duly licensed or certified when licensing or certification is required by law or regulation. S. The amounts received that qualify for exemption must be used for the activities for which the exemption is granted. 9. Services must be available regardless of race, color, national origin, ancestry, religion, age sex, marital status, sexual orientation, Vietnam or disabled veteran status, or the presence of any mental or physical disability, 10. The term "artistic or cultural exhibitions, presentations, or performances or cultural or art education programs" is limited to: a. An exhibition or presentation of works of art or objects of cultural or historical significance, such as those commonly displayed in art or history museums; b. A musical or dramatic performance or series of performances; or C. An educational seminar or program, or series of such programs, offered by the organization to the general public on an artistic, cultural, or historical subiect. 5 Amend Chapter 3.28 KCC Ordinance GD. Business includes all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly. BE. Business and occupation tax or gross receipts tax means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be, and that is the legal liability of the business. EF. Commercial or industrial use means the following uses of products, including byproducts, by the extractor or manufacturer thereof: 1. Any use as a consumer; and 2. The manufacturing of articles, substances, or commodities. FG. Competitive telephone service means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. GH. Consumer means the following: 1. Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal property irrespective of the nature of the person's business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, 6 Amend Chapter 3.28 KCC Ordinance or decorate real or personal property of or for a consumer other than for the purpose of: a. Resale as tangible or intangible personal property in the regular course of business; b. Incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers; C. Incorporating such property as an ingredient or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new product; or d. Consuming the property in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; 2. Any person engaged in any business activity taxable under KCC 3.28.050(A)(7); 3. Any person who purchases, acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of business; 7 Amend Chapter 3.28 KCC Ordinance 4. Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in this section, other than for resale in the regular course of business; 5. Any person who is an end user of software; 6. Any person engaged in the business of "public road construction" in respect to tangible personal property when that person incorporates the tangible personal property as an ingredient or component of a publicly owned street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing, or spreading the property in or upon the right-of-way of a publicly owned street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a publicly owned mass public transportation terminal or parking facility; 7. Any person who is an owner, lessee, or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business; S. Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business; 9. Any person engaged in "government contracting." Any such person shall be a consumer within the meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person. 8 Amend Chapter 3.28 KCC Ordinance Nothing contained in this or any other subsection of this section shall be construed to modify any other definition of "consumer." ++I. Delivery means the transfer of possession of tangible personal property between the seller and the buyer or the buyer's representative. Delivery to an employee of a buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer's representative first takes physical control of the property or exercises dominion and control over the property. Dominion and control means the buyer has the ability to put the property to the buyer's own purposes. It means the buyer or the buyer's representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a warranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself. A buyer's representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping company nor a seller can serve as a buyer's representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (RCW Title 62A) do not determine when or where delivery of tangible personal property occurs for purposes of taxation. B. Director means the finance director of the city or any officer, agent or employee of the city designated to act on the director's behalf. 9 Amend Chapter 3.28 KCC Ordinance 3K. Digital automated service, digital code, and digital goods have the same meaning as in RCW 82.04.192. KL. Digital products means digital goods, digital codes, digital automated services, and the services described in RCW 82.04.050(2)(g) and (6)(b). L.M. Eligible gross receipts tax. The term "eligible gross receipts tax" means a tax which: 1. Is imposed on the act or privilege of engaging in business activities within KCC 3.28.050; and 2. Is measured by the gross volume of business, in terms of gross receipts, and is not an income tax or value added tax; and 3. Is not, pursuant to law or custom, separately stated from the sales price; and 4. Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of property, property right, or a privilege; and 5. Is a tax imposed by a local jurisdiction, whether within or without the state of Washington, and not by a country, state, province, or any other nonlocal jurisdiction above the county level. MN. Engaging in business. 10 Amend Chapter 3.28 KCC Ordinance 1. The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. 2. This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to register and obtain a business license or pay city business and occupation taxes. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection fK)M(1) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. 3. Without being all inclusive, any one (1) of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker, or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license: a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city. C. Soliciting sales. 11 Amend Chapter 3.28 KCC Ordinance d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services, on or in connection with tangible personal property sold by the person or on its behalf. f. Installing, constructing, or supervising installation or construction of real or tangible personal property. g. Soliciting, negotiating, or approving franchise, license, or other similar agreements. h. Collecting current or delinquent accounts. i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports 12 Amend Chapter 3.28 KCC Ordinance organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, and veterinarians. I. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. M. Training or recruiting agents, representatives, independent contractors, brokers, or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. n. Investigating, resolving, or otherwise assisting in resolving customer complaints. o. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. P. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. q. Accepting or executing a contract with the city, irrespective of whether goods or services are delivered within or without the city, or whether the person's office or place of business is within or without the city. 4. If a person, or its employee, agent, representative, independent contractor, broker, or another acting on the person's behalf, 13 Amend Chapter 3.28 KCC Ordinance engages in no other activities in or with the city but the following, it need not register and obtain a business license and pay tax: a. Meeting with suppliers of goods and services as a customer. b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. C. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings, wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business, such as a member of a board of directors who attends a board meeting. d. Renting tangible or intangible property as a customer when the property is not used in the city. e. Attending but not participating in a "trade show" or ,'multiple vendor events." Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. f. Conducting advertising through the mail. g. Soliciting sales by phone from a location outside the city. 14 Amend Chapter 3.28 KCC Ordinance 5. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection kf+)u(4) of this section. 6. The city expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. 440. Extracting is the activity engaged in by an extractor and is reportable under the extracting classification. OP. Extractor means every person who from the person's own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes, or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral, or other natural resource product; or fells, cuts, or takes timber, Christmas trees, other than plantation Christmas trees, or other natural products; or takes fish, shellfish, or other sea or inland water foods or products. "Extractor" does not include persons performing under contract the necessary labor or mechanical services for others, or persons meeting the definition of "farmer." PQ. Extractor for hire means a person who performs under contract necessary labor or mechanical services for an extractor. 15 Amend Chapter 3.28 KCC Ordinance QR. Gross income of the business means the value proceeding or accruing by reason of the transaction of the business engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. RS. Gross proceeds of sales means the value proceeding or accruing from the sale of tangible personal property, digital goods, digital codes, digital automated services, or for other services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. ST. Manufacturing means the activity conducted by a manufacturer and is reported under the manufacturing classification. TU. Manufacturer, to manufacture. 1. Manufacturer means every person who, either directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale or for commercial or industrial use from the person's own materials or ingredients any products. When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, 16 Amend Chapter 3.28 KCC Ordinance materials or ingredients equal to less than twenty (20) percent of the total value of all materials or ingredients that become a part of the finished product, the owner of the equipment or facilities will be deemed to be a processor for hire, and not a manufacturer. A business not located in this city that is the owner of materials or ingredients processed for it in this city by a processor for hire shall be deemed to be engaged in business as a manufacturer in this city. 2. To manufacture means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as a result thereof a new, different or useful product is produced for sale or commercial or industrial use, and shall include: a. The production of special made or custom made articles; b. The production of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; C. Crushing and/or blending of rock, sand, stone, gravel, or ore; and d. The producing of articles for sale, or for commercial or industrial use, from raw materials or prepared materials by giving such materials, articles, and substances of trade or commerce new forms, qualities, properties, or combinations including, but not limited to, such activities as making, fabricating, processing, refining, mixing, slaughtering, 17 Amend Chapter 3.28 KCC Ordinance packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and vegetables. "To manufacture" shall not include the production of digital goods or the production of computer software if the computer software is delivered from the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. 13V. Newspaper means a publication offered for sale regularly at stated intervals at least once a week and printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind. Magazine or periodical means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three (3) months, including any supplement or special edition of the publication. Any publication meeting this definition qualifies regardless of its content. VFW. Nonprofit corporation or nonprofit organization means a corporation or organization in which no part of the income can be distributed to its members, directors, or officers and that holds a current tax exempt status as provided under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, or is specifically exempted from the requirement to apply for its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended. Where the term "nonprofit organization" is used, it is meant to include a nonprofit corporation. 18 Amend Chapter 3.28 KCC Ordinance WX. Office or place of business means a fixed location or permanent facility where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal dominion and control. The regular business of the person is presumed conducted at a location: 1. Whose address the person uses as its business mailing address; 2. Where the place of primary use is shown on a telephone billing or a location containing a telephone line listed in a public telephone directory or other similar publication under the business name; 3. Where the person holds itself out to the general public as conducting its regular business through signage or other means; and 4. Where the person is required to obtain any appropriate state and local business license or registration unless they are exempted by law from such requirement. A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an office or place of business. A post office box is not an office or place of business. If a person has an office or place of business, the person's home is not an office or place of business unless it meets the criteria for office or place of business above. If a person has no office or place of business, the person's home or apartment within the city will be deemed the place of business. 19 Amend Chapter 3.28 KCC Ordinance XY. Person means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the state of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, and the United States or any instrumentality thereof. YZ. Processing for hire means the performance of labor and mechanical services upon materials or ingredients belonging to others so that as a result a new, different, or useful product is produced for sale, or commercial or industrial use. A processor for hire is any person who would be a manufacturer if that person were performing the labor and mechanical services upon that person's own materials or ingredients. If a person furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to twenty (20) percent or more of the total value of all materials or ingredients that become a part of the finished product, the person will be deemed to be a manufacturer and not a processor for hire. ZAA. Product means tangible personal property, including articles, substances, or commodities created, brought forth, extracted, or manufactured by human or mechanical effort. Byproduct means any additional product, other than the principal or intended product, which results from extracting or manufacturing activities and which has a market value without regard to whether or not such additional product was an expected or intended result of the extracting or manufacturing activities. 20 Amend Chapter 3.28 KCC Ordinance AABB. Retailing means the activity of engaging in making sales at retail and is reported under the retailing classification. SBCC.Retai/ service shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities: 1. Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, swimming, bungee jumping, ski lifts and tows, basketball, racquet ball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and others, when provided to consumers. "Amusement and recreation services" also includes the provision of related facilities such as basketball courts, tennis courts, handball courts, swimming pools, and charges made for providing the opportunity to dance. The term "amusement and recreation services" does not include instructional lessons to learn a particular activity such as tennis lessons, swimming lessons, or archery lessons; 2. Abstract, title insurance, and escrow services; 3. Credit bureau services; 4. Automobile parking and storage garage services; 5. Landscape maintenance and horticultural services but excluding (a) horticultural services provided to farmers and (b) pruning, trimming, repairing, removing, and clearing of trees and brush near 21 Amend Chapter 3.28 KCC Ordinance electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility; 6. Service charges associated with tickets to professional sporting events; and 7. The following personal services: physical fitness services, tanning salon services, tattoo parlor services, steam bath services, Turkish bath services, escort services, and dating services. S. The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator. CC-DD. Sale, casual or isolated sale. 1. Sale means any transfer of the ownership of, title to, or possession of property for a valuable consideration and includes any activity classified as a "sale at retail," "retail sale," or "retail service." It includes renting or leasing, conditional sale contracts, leases with option to purchase, and any contract under which possession of the property is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price. It also includes the furnishing of food, drink, or meals for compensation whether consumed upon the premises or not. 2. Casual or isolated sale means a sale made by a person who is not engaged in the business of selling the type of property involved on a routine or continuous basis. 22 Amend Chapter 3.28 KCC Ordinance &DEE.Sale at retail, retail sale. 1. Sale at retail or retail sale means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who: a. Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or b. Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or C. Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or d. Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is 23 Amend Chapter 3.28 KCC Ordinance to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or e. Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in subsection {BB) EE (1)(a), (b), (c), (d), or (e) of this section following such use; or f. Purchases for the purpose of satisfying the person's obligations under an extended warranty as defined in subsection {BB} EE (7) of this section, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person. 2. "Sale at retail" or "retail sale" also means every sale of tangible personal property to persons engaged in any business activity which is taxable under KCC 3.28.050(A)(7). 3. "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: a. The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin-operated laundry facilities when such facilities are situated in an apartment house, rooming house, or 24 Amend Chapter 3.28 KCC Ordinance mobile home park for the exclusive use of the tenants thereof, and also excluding sales of laundry service to nonprofit health care facilities, and excluding services rendered in respect to live animals, birds, and insects; b. The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture; C. The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; d. The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing, or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes, and upholstery. The term "janitorial 25 Amend Chapter 3.28 KCC Ordinance services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal, or sandblasting; e. The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under Chapter 82.16 RCW; f. The sale of and charge made for the furnishing of lodging and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one (1) month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for a continuous period of one (1) month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; g. The installing, repairing, altering, or improving of digital goods for consumers; h. The sale of or charge made for tangible personal property, labor, and services to persons taxable under subsections {BB) EE (3)(a), (b), (c), (d), (e), (f), and (g) of this section when such sales or charges are for property, labor, and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor, and services may be resold after such use or consumption. 26 Amend Chapter 3.28 KCC Ordinance Nothing contained in this subsection shall be construed to modify subsection fDD} EE (1) of this section and nothing contained in subsection flD) EE (1) of this section shall be construed to modify this subsection. 4. "Sale at retail" or "retail sale" shall also include the providing of competitive telephone service to consumers. 5.a. "Sale at retail" or "retail sale" shall also include the sale of prewritten software other than a sale to a person who presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user. For purposes of this subsection fD-a) EE (5)(a) the sale of prewritten computer software includes the sale of or charge made for a key or an enabling or activation code, where the key or code is required to activate prewritten computer software and put the software into use. There is no separate sale of the key or code from the prewritten computer software, regardless of how the sale may be characterized by the vendor or by the purchaser. The term "sale at retail" or "retail sale" does not include the sale of or charge made for: i. Custom software; or ii. The customization of prewritten software. b.i. The term also includes the charge made to consumers for the right to access and use prewritten computer software, where possession of the software is maintained by the seller or a third party, regardless of whether the charge for the service is on a per use, per user, per license, subscription, or some other basis. 27 Amend Chapter 3.28 KCC Ordinance ii.(A) The service described in subsection {BB) EE (5)(b)(i) of this section includes the right to access and use prewritten software to perform data processing. (B) For purposes of this subsection {D6) EE (5)(b)(ii) data processing means the systematic performance of operations on data to extract the required information in an appropriate form or to convert the data to usable information. Data processing includes check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. 6. "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state, the state of Washington, or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind. 7. "Sale at retail" or "retail sale" shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, extended warranty means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term "extended warranty" does not include an agreement, otherwise meeting the definition of "extended warranty" in this subsection, if no 28 Amend Chapter 3.28 KCC Ordinance separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement. S. "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to Chapter 35.82 RCW, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. 9. "Sale at retail" or "retail sale" shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development. 10. "Sale at retail" or "retail sale" shall not include the sale of or charge made for labor and services rendered for environmental remedial action. 11. "Sale at retail" or "retail sale" shall also include the following sales to consumers of digital goods, digital codes, and digital automated services: 29 Amend Chapter 3.28 KCC Ordinance a. Sales in which the seller has granted the purchaser the right of permanent use; b. Sales in which the seller has granted the purchaser a right of use that is less than permanent; C. Sales in which the purchaser is not obligated to make continued payment as a condition of the sale; and d. Sales in which the purchaser is obligated to make continued payment as a condition of the sale. A retail sale of digital goods, digital codes, or digital automated services under this subsection kDD} EE (11) includes any services provided by the seller exclusively in connection with the digital goods, digital codes, or digital automated services, whether or not a separate charge is made for such services. For purposes of this subsection, permanent means perpetual or for an indefinite or unspecified length of time. A right of permanent use is presumed to have been granted unless the agreement between the seller and the purchaser specifies or the circumstances surrounding the transaction suggest or indicate that the right to use terminates on the occurrence of a condition subsequent. 12. "Sale at retail' or "retail sale" shall also include the installing, repairing, altering, or improving of digital goods for consumers. EEFF. Sale at wholesale or wholesale sale means any sale of tangible personal property, digital goods, digital codes, digital automated services, 30 Amend Chapter 3.28 KCC Ordinance prewritten computer software, or services described in subsection {BB) EE (5)(b)(i) of this section which is not a retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property and retail services, if such charge is expressly defined as a retail sale or retail service when rendered to or for consumers. Sale at wholesale also includes the sale of telephone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715. FFGG. Services includes those activities that do not fall within one of the other tax classifications used by the city. GGHH. Software, prewritten software, custom software, customization of canned software, master copies, retained rights. 1. Prewritten software or canned software means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two (2) or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than such purchaser. Where a person modifies or enhances computer software of which such person is not the author or creator, the person shall be deemed to be the author or creator only of the person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer 31 Amend Chapter 3.28 KCC Ordinance software; however, where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for the modification or enhancement, the modification or enhancement shall not constitute prewritten computer software. 2. Custom software means software created for a single person. 3. Customization of canned software means any alteration, modification, or development of applications using or incorporating canned software to specific individualized requirements of a single person. Customization of canned software includes individualized configuration of software to work with other software and computer hardware but does not include routine installation. Customization of canned software does not change the underlying character or taxability of the original canned software. 4. Master copies of software means copies of software from which a software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license. The software encoded on a master copy and the media upon which the software resides are both ingredients of the master copy. 5. Retained rights means any and all rights, including intellectual property rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author, inventor, publisher, licensor, sublicensor, or distributor. 6. Software means any information, program, or routine, or any set of one (1) or more programs, routines, or collections of information, 32 Amend Chapter 3.28 KCC Ordinance used, or intended for use, to convey information that causes one (1) or more computers or pieces of computer-related peripheral equipment, or any combination thereof, to perform a task or set of tasks. "Software" includes the associated documentation, materials, or ingredients, regardless of the media upon which that documentation is provided, that describe the code and its use, operation, and maintenance and that typically are delivered with the code to the consumer. All software is classified as either canned or custom. H-HII. Taxpayer means any "person," as herein defined, required to have a business license under this chapter or liable for the collection of any tax or fee under this chapter, or who engages in any business or who performs any act for which a tax or fee is imposed by this chapter. 1433. Tuition fee includes library, laboratory, health service, and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution. Educational institution, as used in this section, means only those institutions created or generally accredited as such by the state and includes educational programs that such educational institution cosponsors with a nonprofit organization, as defined by the Internal Revenue Code Section 501(c)(3), as hereafter amended, if such educational institution grants college credit for coursework successfully completed through the educational program, or an approved branch campus of a foreign degree- granting institution in compliance with Chapter 28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85.010(3) and accredited by an accrediting association recognized by the United States Secretary of Education, and offering to students an educational program of a general academic nature 33 Amend Chapter 3.28 KCC Ordinance or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions. 33KK. Value proceeding or accruing means the consideration, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or which is actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer. IEKLL. Value of products. 1. The value of products, including byproducts, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof whether such sale is at wholesale or at retail, to which shall be added all subsidies and bonuses received from the purchaser or from any other person with respect to the extraction, manufacture, or sale of such products or byproducts by the seller. 2. Where such products, including byproducts, are extracted or manufactured for commercial or industrial use; and where such products, including byproducts, are shipped, transported or transferred out of the city, or to another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale; the value shall correspond as nearly as possible to the gross proceeds from sales in this state of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses 34 Amend Chapter 3.28 KCC Ordinance ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture, or sale of such products. In the absence of sales of similar products as a guide to value, such value may be determined upon a cost basis. In such cases, there shall be included every item of cost attributable to the particular article or article extracted or manufactured, including direct and indirect overhead costs. The director may prescribe rules for the purpose of ascertaining such values. 3. Notwithstanding subsection {KK} LL (2) of this section, the value of a product manufactured or produced for purposes of serving as a prototype for the development of a new or improved product shall correspond to: a. The retail selling price of such new or improved product when first offered for sale; or b. The value of materials incorporated into the prototype in cases in which the new or improved product is not offered for sale. L-LMM. Whoiesaiing means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification. SECTION 2. Amendment. Section 3.28.050 of the Kent City Code, is hereby amended as follows: Sec. 3.28.050. Imposition of the tax — Tax or fee levied. Except as provided in subsection (C) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the city, whether the person's 35 Amend Chapter 3.28 KCC Ordinance office or place of business be within or without the city. The tax shall be in amounts to be determined by application of rates against the gross proceeds of sale, gross income of business, or value of products, including byproducts, and by application of rates against the square footage of business office or facility space within the city, as the case may be, as follows: A. Gross receipts tax. 1. Upon every person engaging within the city in business as an extractor; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, extracted within the city for sale or for commercial or industrial use, multiplied by the rate of 0.152 hundredths of one percent (0.00152). The measure of the tax is the value of the products, including byproducts, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 2. Upon every person engaging within the city in business as a manufacturer, as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, manufactured within the city, multiplied by the rate of 0.046 hundredths of one percent (0.00046). The measure of the tax is the value of the products, including byproducts, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 3. Upon every person engaging within the city in the business of making sales at wholesale, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales 36 Amend Chapter 3.28 KCC Ordinance of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.152 hundredths of one percent (0.00152). 4. Upon every person engaging within the city in the business of making sales at retail, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business, without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.046 hundredths of one percent (0.00046). 5. Upon every person engaging within the city in the business of (a) printing, (b) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (c) publishing newspapers, magazines and periodicals, (d) extracting for hire, and (e) processing for hire; as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of 0.046 hundredths of one percent (0.00046). 6. Upon every person engaging within the city in the business of making sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of 0.152 hundredths of one percent (0.00152). 7. Upon every other person engaging within the city in any business activity other than or in addition to those enumerated in the above subsections; as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 0.152 hundredths of one percent (0.00152). This subsection includes, among others, and without limiting the scope hereof (whether or 37 Amend Chapter 3.28 KCC Ordinance not title to material used in the performance of such business passes to another by accession, merger, or other than by outright sale), persons engaged in the business of developing or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. B. Square footage tax. Upon every person who leases, owns, occupies, or otherwise maintains an office, warehouse, or other place of business within the city for purposes of engaging in business activities in the city, the tax shall be measured by the number of square feet of warehouse business floor space or other business floor space for each office, warehouse, or other place of business leased, owned, occupied, or otherwise maintained within the city during the reporting period, calculated to the nearest square foot. 1. Subject to the reductions established in subsection (13)(6) of this section, the amount of the tax due shall be equal to the sum of the number of square feet of business warehouse floor space for each business warehouse leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of three cents ($0.03) quarterly for each calendar year, and the number of square feet of other business floor space for each office or other place of business leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of one cent ($0.01) quarterly for each calendar year. 2. For purposes of this section, business warehouse means a building or structure, or any part thereof, in which goods, wares, merchandise, or commodities are received or stored, whether or not for compensation, in furtherance of engaging in business. 38 Amend Chapter 3.28 KCC Ordinance 3. For purposes of this section, other business floor space means the floor space of an office or place of business, other than a business warehouse. 4. For purposes of this section, the square footage shall be computed by measuring to the inside finish of permanent outer building walls and shall include space used by columns and projections necessary to the building. Square footage shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts, heating or ventilation shafts, janitor closets, and electrical or utility closets. 5. Persons with more than one (1) office, warehouse, or other place of business within the city must include all business warehouse floor space and other business floor space for all locations within the city. When a person rents space to another person, the person occupying the rental space is responsible for the square footage business tax on that rental space only if the renter has exclusive right of possession in the space as against the landlord. Space rented for the storage of goods in a warehouse where no walls separate the goods, and where the exclusive right of possession in the space is not held by the person to whom the space is rented and .-..aEe nted out i.. self _tOFa e" fadlities he.eby e_=}emeF=, eyes_ . _�_ _, have diFeEt a s to individual Siff ge s by .- ..agate entF-...Ees shall .._. . _ _.. ___ sees__ __ ..._.. .___. ___. _�_ _. ___ _, __r_. ___ _.._. _..___, be included in the warehouse business floor space of the person that operates the warehouse business, and not by the person renting the warehouse space. 6. If the square footage tax imposed in this subsection (B) is less than or equal to the gross receipts tax imposed in subsection (A) of this section, no square footage tax will be due; if the square footage tax 39 Amend Chapter 3.28 KCC Ordinance imposed in this subsection (B) exceeds the gross receipts tax imposed in subsection (A) of this section, the taxpayer shall also remit the excess over the gross receipts tax payable under subsection (A) of this section. C. Gross receipts exemption/square footage threshold. 1. Any person whose gross proceeds of sales, gross income of the business, and value of products, including byproducts, as the case may be, from all activities conducted within the city during any quarter is equal to or less than sixty-two thousand five hundred dollars ($62,500) during that quarter shall be exempt from the gross receipts tax imposed in this chapter. The applicable tax rates shall only apply to amounts in excess of sixty-two thousand five hundred dollars ($62,500) during any quarter. 2. The square footage tax imposed in subsection (B) of this section shall not apply to any person unless that person's total floor area of business space within the city exceeds the following threshold: a. Four thousand (4,000) taxable square feet of business warehouse space; or b. Twelve thousand (12,000) taxable square feet of other business floor space. This is a threshold and not an exemption. If the square footage tax applies, it applies to all business space leased, owned, occupied, or otherwise maintained by the taxpayer during the applicable reporting period. 40 Amend Chapter 3.28 KCC Ordinance D. Rules. The director may promulgate rules and regulations regarding the manner, means, and method of calculating any tax imposed under this section. SECTION 3, - Amendment. Section 3.28.090 of the Kent City Code, is hereby amended as follows: Sec. 3.28.090. Exemptions. A. Nonprofit corporations or nonprofit organizations. This chapter shall not apply to nonprofit organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, except with respect to retail sales of such persons. B. Certain fraternal and beneficiary organizations. This chapter shall not apply to fraternal benefit societies or fraternal fire insurance associations, as described in Title 48 RCW; nor to beneficiary corporations or societies organized under and existing by virtue of Title 24 RCW, if such beneficiary corporations or societies provide in their bylaws for the payment of death benefits. This exemption is limited, however, to gross income from premiums, fees, assessments, dues or other charges directly attributable to the insurance or death benefits provided by such societies, associations, or corporations. C. Certain corporations furnishing aid and relief. This chapter shall not apply to the gross sales or the gross income received by corporations which have been incorporated under any act of the congress of the United States of America and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in 41 Amend Chapter 3.28 KCC Ordinance mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same. D. Operation of sheltered workshops. This chapter shall not apply to income received from the Department of Social and Health Services for the cost of care, maintenance, support, and training of persons with developmental disabilities at non-profit group training homes as defined by chapter 71A.22 RCW or to the business activities of non-profit organizations from the operation of sheltered workshops. For the purposes of this subsection, "the operation of sheltered workshops" means performance of business activities of any kind on or off the premises of such non-profit organizations which are performed for the primary purpose of: (1) providing gainful employment or rehabilitation services to the handicapped as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market or during such time as employment opportunities for them in the competitive labor market do not exist; or (2) providing evaluation and work adjustment services for handicapped individuals. E. Credit unions. This chapter shall not apply to the gross income of credit unions organized under the laws of the state, any other state, or the United States. 8F. Health maintenance organization, health care service contractor, certified health plan. This chapter does not apply to any health maintenance organization, health care service contractor, or certified 42 Amend Chapter 3.28 KCC Ordinance health plan in respect to premiums or prepayments that are taxable under RCW 48.14.0201. GG. Public utilities. This chapter shall not apply to any person in respect to a business activity with respect to which tax liability is specifically imposed under the utility tax provisions of Chapter 3.18 KCC. BH. Investments — Dividends from subsidiary corporations. This chapter shall not apply to amounts derived by persons, other than those engaging in banking, loan, security, or other financial businesses, from investments or the use of money as such, and also amounts derived as dividends by a parent from its subsidiary corporations. EI. International banking facilities. This chapter shall not apply to the gross receipts of an international banking facility. As used in this subsection, an international banking facility means a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank, the principal office of which is located in this state, and which is incorporated and doing business under the laws of the United States or of this state, a United States branch or agency of a foreign bank, an Edge corporation organized under Section 25(a) of the Federal Reserve Act, 12 U.S.C. Sections 611 through 631, or an Agreement corporation having an agreement or undertaking with the Board of Governors of the Federal Reserve System under Section 25 of the Federal Reserve Act, 12 U.S.C. Sections 601 through 604(a), that includes only international banking facility time deposits (as defined in subsection (a)(2) of Section 204.8 of Regulation D (12 CFR Part 204), as promulgated by the Board of Governors of the Federal Reserve System), and 43 Amend Chapter 3.28 KCC Ordinance international banking facility extensions of credit (as defined in subsection (a)(3) of Section 204.8 of Regulation D). FJ. Insurance business. This chapter shall not apply to amounts received by any person who is an insurer, or their appointed insurance producer, upon which a tax based on gross premiums is paid to the state pursuant to RCW 48.14.020; and provided further, that the provisions of this subsection shall not exempt any bonding company from tax with respect to gross income derived from the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. GK. Farmers — Agriculture. This chapter shall not apply to any farmer in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any other agricultural product that is raised, caught, produced, or manufactured by such persons. ++L. Athletic exhibitions. This chapter shall not apply to any person in respect to the business of conducting boxing contests and sparring or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Boxing Commission. IM. Racing. This chapter shall not apply to any person in respect to the business of conducting race meets for the conduct of which a license must be secured from the Washington State Horse Racing Commission. 3N. Ride sharing. This chapter does not apply to any funds received in the course of commuter ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010. 44 Amend Chapter 3.28 KCC Ordinance K0. Employees. 1. This chapter shall not apply to any person in respect to the person's employment in the capacity as an employee or servant as distinguished from that of an independent contractor. For the purposes of this subsection, the definition of "employee" shall include those persons that are defined in the Internal Revenue Code, as hereafter amended. 2. A booth renter is an independent contractor for purposes of this chapter. tP. Amounts derived from sale of real estate. This chapter shall not apply to gross proceeds derived from the sale of real estate. This, however, shall not be construed to allow an exemption of amounts received as commissions from the sale of real estate, nor as fees, handling charges, discounts, interest, or similar financial charges resulting from, or relating to, real estate transactions. This chapter shall also not apply to amounts received for the rental of real estate if the rental income is derived from a contract to rent for a continuous period of thirty (30) days or longer. MQ. Mortgage brokers' third-party provider services trust accounts. This chapter shall not apply to amounts received from trust accounts to mortgage brokers for the payment of third-party costs if the accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted by the director of financial institutions. 44R. Amounts derived from manufacturing, selling, or distributing motor vehicle fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor vehicle fuel, as the term "motor vehicle fuel" is defined 45 Amend Chapter 3.28 KCC Ordinance in RCW 82.36.010 and exempt under RCW 82.36.440; provided, that any fuel not subjected to the state fuel excise tax, or any other applicable deduction or exemption, will be taxable under this chapter. 8S. Amounts derived from liquor, and the sale or distribution of liquor. This chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. PT. Casual and isolated sales. This chapter shall not apply to the gross proceeds derived from casual or isolated sales. QU. Accommodation sales. This chapter shall not apply to sales for resale by persons regularly engaged in the business of making retail sales of the type of property so sold to other persons similarly engaged in the business of selling such property where (1) the amount paid by the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the article and (2) the sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is made within fourteen (14) days to reimburse in kind a previous accommodation sale by the buyer to the seller. RV. Taxes collected as trust funds. This chapter shall not apply to amounts collected by the taxpayer from third parties to satisfy third party obligations to pay taxes such as the retail sales tax, use tax, and admission tax. SW. United States, Washington State governmental entities. This chapter shall not apply to gross income received by the United States or any instrumentality thereof and by the state of Washington or any municipal subdivision thereof. 46 Amend Chapter 3.28 KCC Ordinance TX. Research and development under federal contracts. This chapter shall not apply to amounts received for research and development activities performed on behalf of, under contract to, or in partnership with the United States government. For purposes of this section, research and development activities means activities performed to discover technological information, and technical and nonroutine activities concerned with translating technological information into new or improved products, processes, techniques, formulas, inventions, or software, the application of which is intended to be useful in the development of a new or improved federal project or component thereof. SECTION 4, - Amendment. Section 3.28.100 of the Kent City Code, is hereby amended as follows: Sec. 3.28.100. Deductions. In computing the license fee or tax, there may be deducted from the measure of tax the following items: A. Membership fees and certain service fees by non-profit youth organization. For purposes of this subsection, "non-profit youth organization" means a non-profit organization engaged in character building of youth which is exempt from property tax under RCW 84.36.030. In computing tax due under this chapter, there may be deducted from the measure of tax all amounts received by a non-profit youth organization: 1. As membership fees or dues, irrespective of the fact that the Payment of the membership fees or dues to the organization may entitle its members, in addition to other rights or privileges, to receive services from the organization or to use the organization's facilities; or 47 Amend Chapter 3.28 KCC Ordinance 2. From members of the organization for camping and recreational services provided by the organization or for the use of the organization's camping and recreational facilities. B. Fees, dues, charges. In computing tax, there may be deducted from the measure of tax amounts derived from bona fide: 1. initiation fees; 2. dues; 3. contributions; 4. donations; 5. tuition fees; 6. charges made by a non-profit trade or professional organization for attending or occupying space at a trade show, convention, or educational seminar sponsored by the non-profit trade or professional organization, which trade show, convention, or educational seminar is not open to the general public; 7. charges made for operation of privately operated kindergartens; and S. endowment funds. This subsection shall not be construed to exempt any person, association, or society from tax liability upon selling tangible personal property or upon providing facilities or services for which a special charge is made to members or others. If dues are in exchange for any significant amount of goods or services rendered by the recipient thereof to members without any additional charge to the member, or if the dues are graduated upon the amount of goods or services rendered, the value of such goods or services shall not be considered as a deduction under this subsection. 48 Amend Chapter 3.28 KCC Ordinance C. Artistic and cultural organizations - income from business activities. In computing tax, there may be deducted from the measure of tax those amounts received by artistic or cultural organizations, as defined in this chapter, which represent: 1. income derived from business activities conducted by the organization,_provided that this deduction does not apply to retail sales made by artistic and cultural organizations; 2. amounts received from the United States or any instrumentality thereof or from the State of Washington or any municipal corporation or subdivision thereof as compensation for; or to support, artistic or cultural exhibitions, performances, or programs provided by an artistic or cultural organization for attendance or viewing by the general public; or 3. amounts received as tuition charges collected for the privilege of attending artistic or cultural education programs. D. Artistic or cultural organization - deduction for tax under the manufacturinq classification - value of articles for use in displavinq art obiects or presenting artistic or cultural exhibitions, performances, or programs. In computing tax, there may be deducted from the measure of tax by persons subject to payment of the tax under the manufacturing classification, the value of articles to the extent manufacturing activities are undertaken by an artistic or cultural organization, as defined in this chapter, solely for the purpose of manufacturing articles for use by the organization in displaying art objects or presenting artistic or cultural exhibitions, performances, or programs for attendance or viewing by the general public. E. Day care activities. In computing tax, there may be deducted from the measure of tax amounts derived from day care activities by any 49 Amend Chapter 3.28 KCC Ordinance organization organized and operated for charitable, educational, or other purposes which is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code, as hereafter amended;_provided, however, that amounts derived from selling, altering or repairing tangible personal Property shall be deductible. AF. Compensation from public entities for health or social welfare services - Exception. In computing tax, there may be deducted from the measure of tax amounts received from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization (as defined in RCW 82.04.431) or by a municipal corporation or political subdivision, except deductions are not allowed under this subsection for amounts that are received under an employee benefit plan. For purposes of this subsection, "employee benefit plan" includes the military benefits program authorized in 10 U.S.C. Section 1071 et seq., as amended, or amounts payable pursuant thereto. 8G. Interest on investments or loans secured by mortgages or deeds of trust. In computing tax, to the extent permitted by Chapter 82.14A RCW, there may be deducted from the measure of tax by those engaged in banking, loan, security, or other financial businesses amounts derived from interest received on investments or loans primarily secured by first mortgages or trust deeds on nontransient residential properties. GH. Interest on obligations of the state, its political subdivisions, and municipal corporations. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security, or other financial businesses amounts derived from interest paid on all obligations 50 Amend Chapter 3.28 KCC Ordinance of the state of Washington, its political subdivisions, and municipal corporations organized pursuant to the laws thereof. DI. Interest on loans to farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives. In computing tax, there may be deducted from the measure of tax amounts derived as interest on loans to bona fide farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively by its borrowers or members and which is engaged solely in the business of making loans and providing finance-related services to bona fide farmers and ranchers, producers or harvesters of aquatic products, their cooperatives, rural residents for housing, or persons engaged in furnishing farm-related or aquatic-related services to these individuals or entities. EJ. Receipts from tangible personal property delivered outside the state. In computing tax, there may be deducted from the measure of tax under retailing or wholesaling amounts derived from the sale of tangible personal property that is delivered by the seller to the buyer or the buyer's representative at a location outside the state of Washington. FK. Cash discount taken by purchaser. In computing tax, there may be deducted from the measure of tax the cash discount amounts actually taken by the purchaser. This deduction is not allowed in arriving at the taxable amount under the extracting or manufacturing classifications with respect to articles produced or manufactured, the reported values of which, for the purposes of this tax, have been computed according to the "value of product" provisions. 51 Amend Chapter 3.28 KCC Ordinance GL. Credit losses of accrual basis taxpayers. In computing tax, there may be deducted from the measure of tax the amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis. M. Repair, maintenance, replacement, etc., of residential structures and commonly held property - eligible organizations. 1. In computing tax, there may be deducted from the measure of tax amounts used solely for repair, maintenance, replacement, management, or improvement of the residential structures and commonly held property, but excluding property where fees or charges are made for use by the public who are not guests accompanied by a member, which are derived by. a. A cooperative housing association, corporation, or partnership from a person who resides in a structure owned by the cooperative housing association, corporation, or partnership; b. An association of owners of property as defined in RCW 64.32.010, as now or hereafter amended, from a person who is an apartment owner as defined in RCW 64.32.010, or C. An association of owners of residential property from a person who is a member of the association. "Association of owners of residential property" means any organization of all the owners of residential property in a defined area who all hold the same property in common within the area. 2. For the purposes of this subsection "commonly held property includes areas required for common access such as reception areas, halls, stairways, parking, etc., and may include recreation rooms, swimming pools and small parks or recreation areas; but is not intended to include more grounds than are normally required in a residential area, or to 52 Amend Chapter 3.28 KCC Ordinance include such extensive areas as required for golf courses, campgrounds, hiking and riding areas, boating areas, etc. 3. To qualify for the deductions under this subsection: a. The salary or compensation paid to officers, managers, or employees must be only for actual services rendered and at levels comparable to the salary or compensation of like positions within the country wherein the property is located; b. Dues, fees, or assessments in excess of amounts needed for the purposes for which the deduction is allowed must be rebated to the members of the association; C. Assets of the association or organization must be distributable to all members and must not inure to the benefit of any single member or group of members. N. Radio and television broadcasting - advertising agency fees - national, regional, and network advertising - interstate allocations. In computing tax, there may be deducted from the measure of tax by radio and television broadcasters amounts representing the following: 1. advertising agencies' fees when such fees or allowances are shown as discount or price reduction in the billing or that the billing is on a net basis, i.e., less the discount; 2. actual gross receipts from national network, and regional advertising or a "standard deduction" as provided by RCW 82.04.280; and 3. local advertising revenue that represent advertising which is intended to reach potential customers of the advertiser who are located outside the State of Washington. The Director may issue a rule that provides detailed guidance as to how these deductions are to be calculated. 53 Amend Chapter 3.28 KCC Ordinance ++0. Constitutional prohibitions. In computing tax, there may be deducted from the measure of the tax amounts derived from business which the city is prohibited from taxing under the Constitution of the state of Washington or the Constitution of the United States. 113. Receipts from the sale of tangible personal property and retail services delivered outside the city but within Washington. Amounts included in the gross receipts reported on the tax return derived from the sale of tangible personal property delivered to the buyer or the buyer's representative outside the city but within the state of Washington may be deducted from the measure of tax under the retailing, retail services, or wholesaling classification. 3Q. Professional employer services. In computing the tax, a professional employer organization may deduct from the calculation of gross income the gross income of the business derived from performing professional employer services that is equal to the portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers' compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement. SECTIONS. - Retroactivitv. This ordinance shall be effective and apply retroactively to all reporting periods that began on or after January 1, 2014. SECTION 6, - 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; 54 Amend Chapter 3.28 KCC Ordinance or references to other local, state or federal laws, codes, rules, or regulations. SECTION 7, — 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 five (5) 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 PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014. 55 Amend Chapter 3.28 KCC Ordinance 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 F\OvlpOrd,nznre\328 090 9&O Rovls.on,2014 Opfion-A do- 56 Amend Chapter 3.28 KCC Ordinance KENT ° Agenda Item: Consent Calendar — 7E TO: City Council DATE: March 4, 2014 SUBJECT: New Water Superintendent I Classification - Approve MOTION: Authorize the Mayor 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. SUMMARY: Recruitment for the vacant Water Superintendent position has been completed twice since the position was vacated in 2012. However, we have not yet found an appropriate candidate. Recognizing the talent of our existing employees, and the skill sets they possess, Public Works is proposing to create a Water Superintendent I (WS I) classification. An existing employee would be selected to fill the WS I position and work within this capacity as they develop and demonstrate the skills necessary to move into the Water Superintendent classification. The proposed WS I classifications pay scale (NRB44) is two pay scales below the Water Superintendent pay scale (NRB46). This new classification does not add an additional position; however, Council approval is required for a revised classification. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Ralph, Berrios, Boyce NAY: BUDGET IMPACTS: There is no budget impact with this proposal. This page intentionally left blank. • Nl. KENT Agenda Item: Consent Calendar- 7F TO: City Council DATE: March 4, 2014 SUBJECT: Position Change from Supervisor to Special Projects Manager - Approve MOTION: Authorize the Mayor 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. SUMMARY: City staff continues to look for opportunities to improve workflow in our projects and programs. It has become apparent that several major initiatives in Public Works Engineering would be more effectively led by an individual focused on these 'special projects'. Staff continues to focus on levee accreditation, roadway rehabilitation, utility improvements, and our state and federally mandated regulatory functions; however, there are several projects in environmental, transportation and solid waste that require special attention. Rehabilitation (dredging) of Mill Creek, Garrison Creek and Springbrook Creek are estimated to take 10 years and will require extensive work on permits, contracting and disposal of material. Significant changes in the way the state and region operate transit and pay for transportation improvements are underway, and the city needs to put additional effort into grant coordination and regional planning initiatives. We are also exploring changes to the Residential Traffic Calming Program. The Solid Waste Utility continues to evolve based on the current solid waste contract and our interactions with King County on regional disposal. We are proposing to upgrade an existing Supervisor position to take on additional duties and act as the Special Projects Manager for projects like those noted above. EXHIBITS: None RECOMMENDED BY: Operations Committee YEA: Ralph, Berrios, Boyce NAY: BUDGET IMPACTS: The pay range for the position would increase from a Non- Represented 44 to Non-Represented 48, which is an increase of roughly $10,000 per year. This increase would be charged to the projects managed by the incumbent. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: March 4, 2014 SUBJECT: Consultant Agreement for the Green River Trail Projects from Veterans Drive to Three Friends Fishing Hole — Authorize MOTION: Authorize the Mayor 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. SUMMARY: Two of the current Green River projects being undertaken by Public Works hold the potential to have long-term significant impacts to an important 2-mile stretch of the Green River Trail, as well as Van Doren's Landing Park and other public properties along the stretch of the Green River from approximately South 200th Avenue to South 231't Avenue. Public Works and our project partners (including King County and the Army Corps of Engineers) agree that master planning and park design are critical components that will help ensure that the projects address multiple important civic priorities and protect important civic assets. EXHIBITS: a) Draft Consultant Agreement b) Sole Source Memorandum RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the Regional Trails Budget. This page intentionally left blank. KENT wAI T�� CONSULTANT SERVICES AGREEMENT between the City of Kent and Berger Partnership P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger Partnership P.S. organized under the laws of the State of Washington, located and doing business at 1721 8th Avenue North, Seattle, WA 98109, Greg Brower 206-325-6877 (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: As described and attached herein as Exhibit A: Van Doren's Landing Park/Lower Russell Rd/Boeing Rock Master Plan 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 December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Sixty One Thousand, Five Hundred and Fifty Five and no/100 ($161,555.00) including applicable Washington State sales tax,], 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. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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: Greg Brower Hope Gibson Berger Partnership P.S. City of Kent 1721 8th Ave. North 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 206-325-6877 (telephone) (253) 856-5112 (telephone) gregb@bergerpartnership.com hgibson@kentwa.gov APPROVED AS TO FORM: Kent Law Department 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: For: 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 1� 110��1111���`p`p PA PINrtisriIP 2.11.14 �(161 W berger Hope Gibson Park Planning and Development Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Dear Hope: We are pleased to submit this proposal for the Green River Trail design and implementation. The area covered in this proposal is along the Green River from Veterans Drive to Three Friends Fishing Hole,within property controlled by the City of Kent. For the purposes of this proposal,the project consists of two areas: Van Doren's Landing Park/Russell Road: Veteran's Drive to S. 212`h Street, and the Boeing property: S. 212`h Street to Three Friends Fishing Hole. The scope of work includes the design of the area outlined above followed by the construction of improvements on the Boeing property. The scope of work for Van Doren's Landing park/Russell Road includes visioning and conceptual design, public outreach, development of a preferred plan, and master plan. The scope of work for the Boeing property includes trail design, preparation of construction documents, permitting, bidding, and construction observation. Project goals are outlined in a document provided January 28, 2014. Van Doren's Landing Park/Russell Road We will participate in a collaborative effort to create a master plan for this length of the Green River Trail. The master plan will include the trail, drive lanes, setback levee, Van Doren's Landing Park, and the edge of the Green River Natural Resources Area. The city will provide the engineering support to lay out a preferred levee alignment and road or trail relocation. Vision and Conceptual Design In this phase we will work with the city, community and stakeholders to establish a vision and conceptual design for the trail and parks along the Green River corridor. • Project kick-off meeting: Attend and participate in a meeting with the stakeholders, parks, public works, King County, and others, as appropriate. • Conduct a site visit to review existing conditions. Record findings through photographs and plan notation. I ')I dYd 1:)r, 1,Y1 h 11r C.'1 or( Berger Partnership Ps 206 325 6877 I IY�:1 r1 YI �� ^1'I(: rl 1721 Bm Ave N bergerpartnershlp.com Seattle,WA 98109 2.11.14 m0�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 2 of 10 • Prepare base plan from GIS provided by the city. Add and confirm information as necessary. • Establish design opportunities and constraints. • Prepare diagrams and concepts for trail alignment and park improvements. Support the concepts with images and sketches. • Attend (5) meetings to review design progress and obtain input. Prepare a design narrative. • Prepare a preliminary estimate of probable construction costs. Deliverables: Site analysis 2-3 Conceptual ideas Design narrative Preliminary estimate of probable construction costs Public Outreach Public outreach will occur throughout the process of establishing a master plan for the Van Doren's/Russell Road corridor. Outreach will be conducted through virtual meetings conducted through the city's website. We will provide graphics, images, and text for use in the web based meetings. The public outreach will be conducted in three phases: Conceptual, Preferred Plan, and Master Plan. For each outreach effort we will provide the following: • Plans, diagrams, and graphics that depict the design intent and illustrate the ideas up for input. • Support images, photos, sections, and sketches that further develop the design intent. • Awritten narrative to support the graphic material and provide additional information to aid the review. • Prepare a summary of virtual meeting input. • Master Plan presentation to the city council, park board, and community. Deliverables: Plans and diagrams for virtual meetings Images, graphics, and photos Virtual meeting summary Presentation boards 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 3 of 10 Preferred Plan In this phase we will refine the conceptual ideas into a preferred plan. The design will be based on the input received through the virtual meeting and meetings with stakeholders. Services we will provide during this phase include the following: • Address review comments and input. • Refine the conceptual designs into a single plan. • Prepare plan graphics, sections, and elevations. • Prepare conceptual grading. • Update the written narrative. • Attend (3) coordination meetings. • Provide review of trail and road alignment work prepared by others. • Update the estimate of probable construction costs. Deliverables: Preferred plan graphic, sections, elevations Conceptual grading Written narrative Estimate of probable construction costs Master Plan In this phase we will refine the preferred plan into the master plan. The master plan will include information to guide future planning along the Green River Trail including trail alignment,trail amenities, park improvements,trail access, and safety improvements. Services we will provide include the following: • Address review comments and input. • Refine and revise the plan graphics, sections, and support documents to reflect the comments and input. • Identify and prepare a list of possible permits and issuing agencies. • Compile master plan documents into a single, bound resource. Provide in digital and hardcopy format. • Attend (3) coordination meetings. • Update the written narrative. • Update the estimate of probable construction costs. 2.11.14 Im10�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 4 of 10 Deliverables: Master plan graphic List of permits and project requirements Written narrative update Estimate of probable construction costs update Master plan document Boeing Property This phase of work includes the design of the secondary trail along the Green River. We will work with the city, Corps of Engineers, and King County to prepare a design for the secondary trail within the Boeing Property. The secondary trail will be located between the Green River Trail and the Green River. This work also includes the design of parking for 10-20 cars and trail access. Design In this phase we will develop the trail alignment and amenities such as river overlooks, connecting paths, and planting. The work will be developed through a series of meetings and work sessions. The basis for the design is a concept plan prepared previously by others. • Prepare a base plan from a survey and site information provided by the city. The conceptual alignment provided will be incorporated. • Conduct a site visit to review existing conditions. Record findings through photographs and plan notation. • Review requirements for jurisdictional approvals and permits. • Attend a kick-off meeting. • Prepare a plan with the secondary trail, overlooks, existing trees, and parking located. • Prepare a concept planting plan for review and integration with work by others. • Prepare a draft project manual including general conditions provided by the city and draft specifications. • Review work prepared by others and provide comments. • Refine the plan to reflect review comments, input and coordination. • Attend (3) meetings to review progress and coordinate design efforts. • Attend (1) meeting to review project permitting requirements. • Prepare an estimate of probable construction costs. • Provide plans to the city for review and comment at 30%complete. 2.11.14 Im10�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 5 of 10 Deliverables: Base plan Permit requirements Trail plan 30%submittal Draft project manual Estimate of probable construction costs Construction Documents In this phase we will prepare documents for the construction of the proposed improvements. The documents will include both plans and specifications. • Prepare construction documents based on the approved design documents. • Prepare site preparation plan, vegetation removal, erosion control. • Prepare layout and alignment plans. • Prepare grading plans with spot elevations and slope requirements. • Prepare drainage and stormwater controls plan for the parking lot. • Prepare irrigation plans for a temporary irrigation system, controller power, etc. • Prepare planting plans. • Prepare construction details. • Prepare project manual with general conditions and specifications. • Prepare an update of the estimate of probable construction costs. • Review and comment on work prepared by others. • Attend (10) meetings to review progress and coordinate with work prepared by others. • Provide plans to the city for review and comment at 60%, 90%, and 100% complete. Deliverables: Construction Documents 60%, 90%, and 100% submittals Project manual Estimate of probable construction costs 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 6 of 10 Permitting In this phase we will prepare documents for permitting. This includes preparation of plans and forms for jurisdictional review. The permitting agency will be the City of Kent. The submittal for permits will take place during preparation of the construction documents at 60%complete. Required permits will be determined but are anticipated to include clearing, grading, and stormwater and erosion control, and possibly shorelines, and critical areas. • Research and define required permits. • Attend (1) pre-submittal meeting. This meeting may take place during the construction documents phase. • Add the necessary notations, and calculations to the plans for permitting. • Prepare forms for permitting as required. • Assemble the permit submittal and submit plans. • Review and respond to permit comments/questions. • Attend (1) meeting to review permit comments/questions. • Provide revisions to permit documents. Note: The permit process can vary so the allowance for revisions is limited to (8) hours. Deliverables: Permit requirements Permit documents Permit comment response and plan revisions Bid Administration We will provide support services to Parks during the bidding phase. Specific services include the following: • Prepare documents for bid • Attend pre-bid conference. • Prepare meeting minutes for the pre-bid conference. • Provide responses to bidder questions. • Prepare addenda as necessary. Deliverables: Meeting minutes Response to bidder questions Addenda 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 7 of 10 Construction Administration We will provide services during construction to review progress, check that contractor work is consistent with the construction documents, and note work needing correction. • Attend preconstruction meeting and prepare meeting notes. • Conduct (10) construction meetings (every other week) and prepare meeting notes. • Review submittals and shop drawings. • Prepare modification proposals and change orders as approved by the city. • Make interim site visits to review progress and work quality. • Attend walk through prior to project completion and prepare punchlist for work in need of correction. • Back check the punchlist and issue final completion. • Prepare and provide record drawings reflecting the as-built condition as recorded in the contractor's record drawings. • Obtain operating manuals, maintenance manuals, and equipment brochures. Provide to the city. Deliverables: Meeting notes and observation reports Shop drawing/submittal review Punchlist Record drawings Assumptions • Base plans will be prepared from surveys provided by the City of Kent. • The required permits, submittal requirements, and review process are not clearly defined at this time. Limited time has been included for permit administration. Additional services, if needed, will be identified and approved before providing service. • General conditions to the specifications will be provided by the city. Specifications will be provided in CSI format. • The city will administer the bid process, advertise bid, conduct meetings, and tabulate bids • The city will lead the construction observation, make field visits, and perform other related tasks. 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 8 of 10 Fees Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: Van Doren's/Russell Road Vision and Conceptual Design $16,010.00 Public Outreach $6,220.00 Preferred Plan $15,390.00 Master Plan $13,955.00 Subtotal $51,575.00 Boeing Property Design $20,870.00 Construction Documents $31,145.00 Permitting $9,485.00 Bid Administration $7,280.00 Construction Observation $18,100.00 Subtotal $86,880.00 Subconsultants Civil Engineer (Allowance w/ 10% mark-up) $16,500.00 Irrigation Design (Allowance w/10% mark-up) $6,600.00 Subtotal $23,100.00 Project Total $161,555.00 Fees will be billed monthly based upon the percentage of work completed. Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be negotiated: Principal $175.00 per hour Associate $130.00 per hour Project Manager $105.00 per hour Landscape Architectural Staff $90.00 per hour Administrative Staff $60.00 per hour Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable expenses will be billed in addition to the above fees at cost plus a 10%administrative mark-up. All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1% per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 9 of 10 postponed until receipt of payment, unless special arrangements are made prior to providing the services. Fees may be subject to renegotiation if the proposal is not accepted within 60 days. If the duration of the contract exceeds one year, hourly rates may be subject to annual adjustments at the anniversary date of the contract. Revisions&Additions To Proposal Once the design is approved, any substantive revision to the drawings resulting from owner/client directed changes (including program changes, scope of work changes, modifications to existing documents, construction and/or site and conditions change and adjustments to time frames) will be billed as an extra service. Billing will be hourly, unless a guaranteed maximum fee is requested for the revision. Written confirmation of the change/revision will be sent as an amendment to this contract. Revision work started at the direction of the owner/client, then subsequently terminated,will be billed as extra services through date of stop-work notification. Subconsultants Allowance for subconsultants' fees are included in the scope of work identified at this time. Subconsultants include the civil engineer and irrigation designer. 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 10 of 10 If this proposal meets with your approval, please sign one copy and return it to our office. If you have questions, would like more information, or wish to make any modifications, please do not hesitate to contact us. We look forward to working with you on the Green River Trail in Kent. Sincerely, Berger Partnership PS Greg Brower Principal APPROVED: Date mvi�o) P A R I N I A',14 I V berger 0iim6 Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Van Doren's Park/ Russell Road Visioning and Conceptual Design 2 months Site survey review 1 $130.00 Base plan preparation 2 4 $620.00 Site visit 3 3 $915.00 Kick off meeting 3 3 $915.00 Site analysis 2 2 6 $1,150.00 Concerns and constraints 1 4 $695.00 Design concepts 8 8 16 $3,880.00 Character images/sketches 2 4 8 $1,590.00 Design narrative 2 2 $470.00 Meetings (5) 15 9 $3,795.00 Estimate of probable consruction cost 2 8 $980.00 Project Administration 2 4 $870.00 Visioning Totals 38 42 0 42 2 $16,010.00 2 months Public and External Agency Outreach concurrent 1. Prepare concepts for input 1 2 8 $1,155.00 Input summary 1 $130.00 2. Prepare preferred plan for input 1 2 8 $1,155.00 Input summary 1 $130.00 3. Prepare master plan for input 2 2 16 $2,050.00 Master plan presentation 4 4 $1,220.00 Input summary 2 2 $380.00 Outreach Totals 8 14 0 32 2 $6,220.00 Preferred Plan 2 months Address input comments 2 $260.00 Concerns and constraints review 2 2 $610.00 Define permits 1 2 $435.00 Refine concepts into preferred plan 6 8 16 $3,530.00 Update narrative 2 2 $470.00 Prepare plans 4 16 $1,960.00 Prepare sections 2 8 $980.00 Conceptual grading 2 8 $1,070.00 Character images 4 4 $880.00 Meetings (3) 9 6 $2,355.00 Estimate of probable construction cost 1 2 4 $795.00 Review work by others 3 3 $915.00 Project Administration 2 6 $1,130.00 Preferred Plan Totals 28 41 0 56 2 $15,390.00 Master Plan 2 months Address input comments 2 $260.00 Prepare master plan graphics 4 8 24 $3,900.00 Update narravtive 2 2 $470.00 Identify permit issues 2 4 $870.00 Prepare master plan brochure 1 8 32 8 $4,575.00 emviloo)g P�A R I N I A',14 I V 1 iim 6 berger Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Meetings (3) 6 9 $2,220.00 Estimate of probable construction cost 2 4 $620.00 Project aministration 8 $1,040.00 Master Plan Totals 15 41 0 60 10 $13,955.00 Van Doren's/Russell Road Subtotals 89 138 0 190 16 $51,575.00 Boeing Property Design 2 months Site survey review 1 2 $435.00 Base plan preparation 2 8 $980.00 Site visit 4 4 $1,220.00 Permit requirements 2 4 $870.00 Kick off meeting 4 4 $1,220.00 Site analysis 2 4 8 $1,590.00 Design concepts 8 4 16 $3,360.00 Planting concepts 4 4 8 $1,940.00 Draft project manual 2 2 4 $850.00 Review work by others 4 4 $1,220.00 Meetings (3) 9 9 $2,745.00 Meeting - permit requirements 3 3 $915.00 Estimate of probable consruction cost 1 4 8 $1,415.00 30%submittal 4 8 $1,240.00 Project Administration 2 4 $870.00 Design Totals 46 58 0 56 4 $20,870.00 Construction Documents 4 months Address input comments 2 2 $610.00 Site prep plan 2 4 12 $1,950.00 Layout plan 2 6 24 $3,290.00 Grading and drainage plan 2 6 16 $2,570.00 Irrigation plan and details 2 4 $620.00 Planting plan 4 6 24 $3,640.00 Construction details 4 4 16 $2,660.00 Specifications Boiler plate 2 2 $380.00 Edit 4 16 8 $3,260.00 Meetings (10) 9 30 $5,475.00 Estimate of probable construction cost 2 4 4 $1,230.00 60%submittal 4 8 $1,240.00 90%submittal 4 8 $1,240.00 100%submittal 4 8 $1,240.00 Project adminstration 4 8 $1,740.00 Construction Documents Totals 35 102 0 124 10 $31,145.00 Permitting Concurrent Permit requirements 4 4 $1,220.00 Pre-submittal meeting 3 $390.00 mvi�o) P A R I N I A',14 I V berger 0iim6 Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Plan notations and calcs. 4 8 $1,240.00 Document preparation, notes,forms 2 4 8 $1,350.00 Submittal 4 $520.00 Meeting - permit review 3 3 $915.00 Respond to review comments 2 4 $870.00 Revise documents 4 8 $1,240.00 Project adminstration 4 8 $1,740.00 Peermitting Totals 15 38 0 16 8 $9,485.00 Bid Administration 2 months Prepare documents for bid 4 8 $1,240.00 Plans to bid house 2 $260.00 Pre bid meeting/site walk 4 $520.00 Respond to bidder questions 2 8 8 $2,110.00 Prepare addenda 4 8 $1,240.00 Issue addenda 4 $520.00 Project Adminstration 2 8 $1,390.00 Bid Adminstration Totals 4 34 0 24 0 $7,280.00 Construction Observation 5 months Pre construction meeting 4 $520.00 Construction meetings (10) 40 $5,200.00 Review submittals/shop drawings 8 8 $1,760.00 Respond to RFI's 10 24 $3,460.00 Site visits in addition to wkly mtgs 8 6 $2,180.00 Punchlist walk and prep 6 $780.00 Substantial completion 4 $520.00 Punchlist follow up 4 $520.00 Final completion 4 $520.00 Record drawings 4 12 $1,600.00 Project Administration 8 $1,040.00 Construction Observation Totals 8 98 0 44 0 $18,100.00 Boeing Property Subtotals 108 330 0 264 22 $86,880.00 Van Doren/Boeing Subtotals 197 468 0 454 38 $138,455.00 Subconsultants Civil Engineer Allowance w/10% mark up $16,500.00 Irrigation Design Allowance w/10% mark up $6,600.00 Subconsutlants Subtotal $23,100.00 Project Total $161,555.00 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. 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 A:VII. 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 — 7H TO: City Council DATE: March 4, 2014 SUBJECT: Land 0' Frost Donation Agreement - Authorize MOTION: Accept the $19,000 donation from Land O' Frost for the 2014 season of youth sports 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. SUMMARY: Land 0' Frost believes in the importance of families participating together in healthful, well-rounded experiences. They are grateful for the opportunity to give back to deserving communities and help keep children involved in positive character- building activities. The $19,000 from Land 0' Frost will fund sponsorships for youth programs for the 2014 season. The Land 0' Frost Youth Sports Program provides funds to local communities to help offset some of the costs associated with organizing and operating their youth sports programs for children up to 10 years old. Land 0' Frost Youth Sports began in 2002 and since that time has grown to include more than 300 leagues, 12,500 teams, and 125,000 players. Since its inception, Land 0' Frost Youth Sports has sponsored over one million players. EXHIBITS: Donation Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Revenue to the Youth Sponsorships Budget. .t 3426 ContractID Great Tasting Lunchmeat Kent Parks And Recreation /LAND O' FROST SPONSORSHIP 2014 The following will be included in the comprehensive 2014 Land O'Frost Youth Sponsorship Program for the Seattle area. The following is a summary of the elements that will be included in the annual sponsorship agreement between Kent Parks And Recreation(KPR)and Land O'Frost(LOF). This agreement will commence on January 1,2014 and will terminate on December 31, 2014. Sponsorship Elements: This sponsorship will focus on approximately 190 teams in the Winter/Spring/Fall 14' season. Land O'Frost will sponsor teams under the age of 10. • Prominent Logo inclusion on the front or back of jerseys for 190 teams . LOF will supply all necessary logo\ artwork and KPR will have the shirts printed. (The LOF logo will need to be a minimum of 2 '/2"H x 10" W. The phrase Great Tasting Lunchmeat will need to be placed underneath the Land O' Frost oval. Land O' Frost to be the exclusive jersey sponsor, no other corporate logos to be placed on jerseys.) • Coupon distribution in opening day packets, at tournaments, in mailings and other key functions throughout the year. (LOF will supply all coupons) • Announcements by team and league administration to parents/kids about sponsorship. • Opportunity for mention/inclusion of Land O' Frost product message in any league/parent communication. • One approximately 4' x 8' banner(or similar signage)to be displayed where KPR teams,that LOF sponsors play. (LOF will give banner artwork and KPR will have banner printed) • Logo inclusion on KPR game schedules for teams sponsored,registration materials and newsletters if possible. • Land O' Frost logo/youth sports link placed on the league web site htto://www.landofrost.com/vouthsoorts • A minimum of two (2) annual Email Blasts to all parents, if available, letting them know of the LOF Youth Sports Link for special offers. LOF will provide Email Blast Template. • Client will need Proof of Purchase(190 team pictures) by December 31,2014 The Land O' Frost logo will need to be clearly identified on the shirts in 190 team pictures. The pictures can be informal,taken with a digital camera or regular film. LAND O' FROST WILL DONATE: S19,000.00 Kent Parks And Recreation Representitive Land O' Frost Representative Knox This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: March 4, 2014 SUBJECT: 2014 Washington State Slo-Pitch Umpires Association Agreement - Authorize MOTION: Authorize the Mayor 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. SUMMARY: Participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams will play in league games covered by the Washington State Slo-pitch Umpires Association Agreement. As a result, the 2014 contract will likely exceed $35,000.00. Participant fees cover all costs for this program. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the Recreation Operating Budget. This page intentionally left blank. `� KENT GOODS & SERVICES AGREEMENT between the City of Kent and Washington State Slo-pitch Umpires Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington State Slo-pitch Umpires Association organized under the laws of the State of Washington, King County, located and doing business at 19516 63rd PL NE, Kenmore, WA 98028 (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: Description: Adult Slowpitch Softball Umpiring Start time/Duration/Stop Time: April 1, 2014 to September 30, 2014 Event Location: City of Kent and Kent School District Athletic Fields The vendor agrees to credit the City of Kent $20.00 and One (1) dozen approved softballs for failure to provide umpire services for a scheduled game, per occurrence. 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 completion of the Softball Season, September 30, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1 person/multiple games-$33.00 per game; 2 person/multiple games-$56.00 per game, 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) Washington State Slo-pitch Umpire Association will submit an itemized invoice of games worked, umpires per game and fee incurred. Invoice may be divided into portions of the season, either on a monthly or bi-monthly schedule or one invoice for the entire program/season. 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. 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 A 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. 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 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: Dale McGregor David E. Heldt/Kent Commons Washington State Slo-pitch Umpires City of Kent 19516 63rd PL NE 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 425-481-2005 (telephone) (253) 856-5000 (telephone) 425-481-2005 (facsimile) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the electronic filepeN where the contract has been saved] 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. Dated this day of 200. By: For: 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. Dated this day of 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: March 4, 2014 SUBJECT: Fire Station #74 Data Center Remodel Agreement with Dutton Electric Company, Inc. - Authorize MOTION: Authorize the Mayor 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. SUMMARY: This contract is to provide the electrical capacity to run an uninterrupted power supply unit that backs up power to the city-wide Data Center housed at Fire Station 74 in the event that main utility power is lost. The completion of this Data Center is a high priority project for the IT Department. EXHIBITS: Draft Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the IT Data Center Upgrade Project Budget. This page intentionally left blank. CONTRACT BETWEEN THE CITY OF KENT AND DUTTON ELECTRIC COMPANY, INC. THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and Dutton Electric Company, Inc. organized under the laws of the State of Washington, located and doing business at 12407 Mukilteo Speedway, A170, Lynnwood, WA 98087, Bruce Deane, (425) 347- 7600 ("Contractor'). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: City of Kent Fire Station 74 Electrical Improvements in accordance with and as described in the Contract and shall perform any alterations in or additions to the work provided under the Contract and every part thereof. The Contract shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2012 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. The Contractor is responsible to obtain copies of the 2012 WSDOT Standard Specifications including the latest amendments issued by WSDOT as of the date of bid opening. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 45 days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the 'one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. CITY OF KENT BY: SUZETTE COOKE, MAYOR DATE: ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: KENT LAW DEPARTMENT CONTRACTOR BY: PRINT NAME: TITLE: DATE: This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: March 4, 2014 SUBJECT: 2013 Fourth Quarter Fee-in-Lieu Funds — Accept MOTION: Accept $7,875.00 for fourth quarter 2013 fee-in-lieu funds and authorizing the expenditure of funds in the Garrison Creek Park Budget. SUMMARY: Between October and December 2013, the City of Kent received a total of $7,875.00 from HS Construction, developer of the property at 22415 94th Avenue South, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in one subdivision: Garrison Creek Park for $7,875.00 from HS Construction Ordinance No. 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay, a "fee-in-lieu" funds. The fee is based on assessed land values. EXHIBITS: Finance Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Garrison Creek Park budget This page intentionally left blank. y G� A r N o ? O D O o m Z m c A m 3 V S N W N O \ N O_ W N c S N N � a 10 N A N D N r 0 O W N_ N � � 0 N O W n O O N Co N y A 0 O Cl V S N � D V V v � O V C O y fD N 0 n � 3 r v w � A � � W a N O A O C A K W Z � C O in O N � N � c 2 = � o 0 m a 0 0 n c 0 3 m � N N N O_ � � A yMIo DS _ N O � N n This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7L TO: City Council DATE: March 4, 2014 SUBJECT: Malik Ridge Final Plat - Approve MOTION: Approve the final plat for Malik Ridge and authorize the Mayor to sign the mylars. SUMMARY: Staff recommends approval of the Malik Ridge final plat located at 13410 SE 272nd Street and Council authorization for the Mayor to sign the mylar. This project will divide 3.51 acres into 11 single family residential lots. The Hearing Examiner issued the decision on March 15, 2006 with approval and conditions. The applicant has complied with the conditions required prior to recordation. EXHIBITS: a) Final Plat Map b) Approval with Conditions RECOMMENDED BY: Staff BUDGET IMPACTS: None This page intentionally left blank. Malik Ridge VOLUME/PAGE N KIVA#2131996 GRAPHIC SCAL 1'=s0' A Portion the SW of the SW 1/4 of Section 27, LEGEND SHEEP 3 OF 3 Township 22 N,Range 5 E,Willamette Meridian - W E City of Kent,King County,Washington 0 50 100 150 MONUMENT AS NDTED se sg+ g VERTICAL BENCH MARKS 3 THIS SUBDIVISION HAS A PRIVATE ROAD AND SET STANDARD KENT CITY MOMP=NT a -- STORM POND AND STORM CONVEYANCE CALOJLATED CORNEF o BENCH4APx5 1 s 2 WERE SET AS PART OF THIS PLAT SYSTEM,MAINTENANCE AND OPERATION USING CITY OF KENT BENCHMARK NMSEPS: OF THIS SYSTEM ARE GOVERNED BY THE SET PESAR S CAP y 981 (J28J) AND 969 OR HAS NAIL 6 CAP DECLARATION OF STORMWATER FACILTY P I TOP OF 2" Baas MOMIMENT IN 4X4 CNCRETE MAINTENANCE COVENANT, NOTED ON CALCULATED (C) PYRAMID WITH PLNCH SET IN CASE 11 TRACT C. PAGE 1 OF 3,UNDER NOTES,ITEM S. NORTH END OF PLAT ELEVATION 40254 NA188. DEED (0) OW2 ICE OF 2" BRASS MONUMENT IN 4X4 CMCRETE flECTPO OF SURVEY AFN 2003090200003 W1) PYRAMID WITH PUNCH AS SET IN CIE IN MAST C. - SOUTH END OF PLAT WWATEREASEAIENT 15 EBL ELEVATION 39S.5]' NAVDOS. FNWATERORMIF Ti11 PLAT OF ORAVON AFN 19931005149T (AR) N89'20'ON'W 253.91'(C) SENSITNEAREASEASEMENT .- N89'1230'W P62.94'(0) ( SEENOTEONSHEET2OF3 SURVEYORS NOTES 6 422 3469 iv 1. BASIS OF BEARING : (HAD 83/91) mrum-1 A'V'-o' OT2 L'Cy -- SOUTH LINE OF THE - BETWEEN OF SEC 2. TWP 22 N 15 TB wl ¢ tq. 0 4 _ o SENSITIVE ARM EASEMENT DETAIL FlCE 5 E OF THE W.M. RETYIEEN CITY OF KENT I➢ M. `��, . W " — n 7286 AND 7287. to nl � ^ w.- iF, w W �'Cy S69'20 raT 2.ll$ METHOD OF MOMIMENT LOCATIDN WAS MT3 EASEMENT BY FIELD TRAVERSE MLE INSTRLNENT USED WAS I �i M2000' EET20F9 A TRINSLE 5-6 TOTAL STATION -` A3L�3C ) t 4485' ]4 —IVBSBLSNOT 7'19E3. THIS S VEY DDES NOT PURPORT TO 31DW N„BMtI 190> ', h01'05f]E ]5.mALL EASEMENTS 0.9 UTILITIES E%CEPT A5 SHOW I wDu 599 E0 •E 84b2 4. THIS SURVEY COMPLIES 'WITH ALL STANDARDSANT GHAPTERv 58 OF ON NO 33 P1. WACG NOSro5'1>E 16.00ACT CHAPTER Stl.09 RCW AND 332-130 WACS8920'ODE 14.229>0' 4 1BApOR10NAL SECTION CONTROL . 151°� 2T112 1 Ta./dE MS�ENTFDR (NOT TO SCALF7 y.` - TRACTS 6d9'0.C9'F 2624.D'ICI BR031 SiT 63Ji 9]FT a/- CORNERED TO A. f3lp f{Y I 'D ASSOCI+TIO LA£ gEARIIl6 DISTANCE AL'OCIFCOPO LS NBq tl1'43£ 950' ��T I'� ' L2 Nd6'DS']BW d.04' ]24.OD' �11d5 RAT L3 Sd2'2456£. J96' 3 "I LOTS L4 N90'24'40'N J.BJ' ^ $I 6371 SO R a/- I N L5 59D'15*.i4E 8.05' 2J0]s 13390 FL sE IV ROAR BSBLN]3'29'241V 624' 5g6'3856 Sp3'W'21`E 131005'_ 1310.d5' I 124�. 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KENT Theodore P• Hunter W.,s H i w c r o w Hearing Examiner COMMUNITY' FINDINGS, CONCLUSIONS AND DECISION DEVELOPMENT i Fred N. Satteistro-di" AICP; rectos;, ;y FILE NO: MALIK RIDGE PRELIMINARY PLAT #SU-2004-7 KIVA#RPP3-2042372 PLANNING SEkVICES charlene Anderson,AICP% APPLICANT: John Rutland Manager.:: Cramer NW, Inc. MatlingAddress:, 945 N. Central 220 Fourth Ave s Kent, WA 98032 Kent,WA98032-5895:=;�;';r Locaton.Add ress::; REQUEST: A request to subdivide 3.51 acres into 11 single- 4 oo west oowec: family residential lots and two tracts. l Kent,WA98032..: !, ip Phone:253866-5464; LOCATION: 13410 SE 272°d Street Fax:253.856.6454 APPLICATION FILED: July 14, 2004 DETERMINATION OF NONSIGNIFICANCE ISSUED: January 11, 2006 MEETING DATE: March 1, 2006 DECISION ISSUED: March 15, 2006 DECISION:. APPROVED with conditions STAFF REPRESENTATIVE: Chris Hankins, Planning Services PUBLIC TESTIMONY: Aleanna Kondelis, for Applicant John Ruegsegger Martin Owens EXHIBITS: 1. Staff report dated March 1, 2006 with the following attachments: Findings, Conclusions and Decision r'� s �s� Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat' )flCii #SU-2004-7 KIVA #2042372 CI TY OF r\C U1 Page 1 of 18 FoEF2ilr!T t ( ttl'(F i A. Preliminary Plat Application filed July 14, 2004, with Preliminary Plat Map (3 pages) dated November 17, 2005 B. Correspondence, including letters from Chris Hankins to David Malik dated April 25, 2005 and December 6, 2004, letters from Robyn Barlett to David Malik dated August 4, 2005, May 18, 2005, January 24, 2006, and October 13, 2004, letter from Larry Krueger to Beth Tan dated December 23, 2004, letter from John Rutland to Chris Hankins dated December 22, 2004, and letters from Beth Tan to Larry Krueger dated November 24, 2004 and July 20, 2004 C. Department Routing, including comments from Parks Department D. Public Notice Documents, including affidavits of notice, mailing list, and correspondence with King County Journal E. Notice of Application Documents, including affidavits of notice, distribution list, correspondence with King County Journal, notice of completeness dated November 4, 2004, and notice of incompleteness dated August 4, 2004 F, Mitigated, Determination of Nonsignificance (MDNS) dated January 11, 2006 and Environmental Checklist 2. Conceptual Compensatory Wetland Mitigation Plan by H&S Consulting, dated July 8, 2004, and Concept Mitigation Plan by B-12 Wetland Consulting, dated June 2005 and approved August 4, 2005 3. Preliminary Technical Information Report by Cramer Northwest Inc., dated June 28, 2004, and Revised Preliminary Technical Information Report dated August 24, 2005 4. Comment letter from John Ruegsegger dated March 1, 2006 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K1VA *2042372 Page 2 of 18 i FINDINGS 1. John Rutland of Cramer Northwest Inc. (Applicant) requested approval of a preliminary plat to subdivide 3.51 acres of land into 11 single-family residential lots and two tracts. 'The subject property is located at 13410 SE 272"d Street, Kent, Washington. Exhibit 1, Staff Report, pages 1-2; Exhibit 1, Attachment A. 2. The City of Kent determined the preliminary plat application to be complete on November 4, 2004. Exhibit 1, Attachment E. 3. The subject property is developed with a single-family residence. The residence would be removed from the Site. Exhibit 1, Attachment A, Preliminary Plat Map. 4. The subject property is zoned SR-6 (Single Family Residential, maximum gross density 6.05 dwelling units per acre). The gross density of the proposed 11-lot development would be 3.13 dwelling units per acre (11 lots r 3.51 acres = 3.13). Exhibit 1, Staff Report, page 2. 5. Lot standards applicable to development in SR-6 zone include a minimum lot size of 5,700 square feet and a minimum lot width of 50 feet. KCC 15,04.170; Exhibit 1, Staff Report, pages 2, 10 and 11, Each of the proposed lots would satisfy these standards. The lots would range from 6,423 to 9,736 square feet in area. The narrowest lots would be 51 feet wide, Exhibit 1, Staff Report, page 11; Exhibit 1, Attachment A, Preliminary Plat Map. 6, The City of.Kent Comprehensive Plan designation of the property is Single Family Residential, Six Units Per Acre (SF-6). The Comprehensive Plan contains goals and policies that support in-fill development near existing services and infrastructure, and the provision of a wide variety of housing types. Exhibit 1, Staff Report, pages 2 and 5. 7. The subject property contains three wetlands (Wetlands A, B, and C). Wetland A is a Category 3 wetland, requiring a 25-foot buffer. The on-site portion of Wetland A is 2,944 square feet in area. Wetlands B and C are Category 2 wetlands, requiring 50-foot buffers. Wetland B is 6,605 square feet in area, and Wetland C is 2,677 square feet in area. All of the wetlands have low function and value ratings. Exhibit 2, July 8, 2004 Conceptual Compensatory Wetland Mitigation Plan. The preliminary plat application filed July 14, 2004 was for a 13-lot development. Since then, the Applicant has reduced the requested number of lots to 11. Exhibit 1, Attachment A. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K/VA #2042372 Page 3 of 18 8. The City of Kent wetland.regulations in place at the time of complete application (KCC 11.05) allow applicants to modify Category 2 and Category 3 wetlands with mitigation. The Applicant proposes to fill Wetland C and a portion of Wetland B (5,685 square feet total), convert a 783-square-foot portion of Wetland B into wetland buffer (a "paper fill'), and use buffer averaging to reduce the Wetland B buffer by 3,476 square feet. As compensation for the wetland fill, the Applicant proposes to create 8,528 square feet of new wetland on the north and south sides of Wetland A and protect the created wetland with a minimum 25-foot buffer. As compensation for the reduced Wetland B buffer, the Applicant proposes to increase-the buffer on the south side of Wetland A by an additional 3,478 square feet. On August 4, 2006, the City approved the Applicanfs June 2005 Concept Mitigation Plan. Exhibit 2,.June 2005 Concept Mitigation Plan; Exhibit 1, Attachment B (August 4, 2005 letter from Robyn Bartelt); Exhibit 1, Staff Report, pages 7-8. 9. The subject property contains trees that are six inches in diameter or greater, Section 15.08.240 of the KCC requires such trees to be,retained unless removal of the trees is authorized by the Planning Department after review of a tree plan, Subsection 5 of the ordinance authorizes the Planning Department to require modification of the development plan to ensure the retention of the maximum number of trees. The Applicant has not yet submitted a tree plan. Exhibit 1, Staff Report; page 11; KCC 15.08.240; Testimony of Mr. Hankins. 10. Access to the plat would be from SE 272"d Street (SR-516), also known as Kent Kangley Road. Access to individual lots within the plat would be from a new private road constructed within a 30-foot-wide tract, Although private streets typically serve nine or fewer lots, the City determined that a private street is appropriate for the proposed 11-lot development due to the narrowness of the site, the relationship of the site to surrounding properties, and the wetlands. The private street has been reviewed and approved by the City Public Works Department, in consultation with the Fire Prevention Division and with Planning Services. The proposed access tract abuts the western property line. Exhibit 1, Staff Report, page 9; Exhibit 1, Attachment A, Preliminary Plat Map. 11. Two residents of a condominium development located immediately west of the subject property objected to the proposed private road location and requested that that the road be shifted to the east to provide a buffer of existing trees along the western plat boundary. The purpose of the request was to increase privacy, since some of the condominium buildings overlook the subject property. Testimony of Mr. Ruesgsegger, Testimony of Mr. Owens; Exhibit 4. 12. The Applicant submitted that the road could be modified to allow for a buffer. Although the preliminary plat map depicts a 30-foot-wide private road tract, the Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 4 of 16 required road width is 25 feet (20,feet of pavement and five feet of sidewalk). The 25-foot road width would allow for a setback from the property line. The road could be shifted even farther to east by reducing the depth of the adjoining lots. The lots exceed the City's minimum area requirements and could be reduced consistent with zoning standards. Testimony of Ms. Kondelis; Exhibit 1, Attachment A, Preliminary Plat.Map, 13. The City of Kent Comprehensive Plan designates SE 272nd Street as a Principal Arterial Street. City road standards require fully improved Principal Arterials to have 110 feet of right-of-way, 80 feet of asphalt pavement (seven traffic lanes), curbs and gutters, two ten- to twelve-foot-wide concrete sidewalks, a storm drainage system, a street lighting system, and public utilities. The existing street section provides between 75 and 110 feet of right-of-way and between 58 and 70 feet of pavement (five traffic lanes). The street is improved with a bus pullout on the south side of the street, curbs and gutters, sidewalks, and a storm drainage system. There is no street lighting system. Exhibit 1, Staff Report, pages 3-4. 14, The Department of Public Works has determined that the existing street section is adequate for current traffic volumes. Although street lighting is needed, construction of a street lighting system along the property frontage would require the relocation of high-voltage power lines. The City recommended that the Applicant pay $10,000 to the City (the cost to install a new service cabinet and two new street lights) in lieu of installing a street lighting system on the north side of the street, The money would be used towards the City's future installation of a street lighting system on the south side of the street. in addition to payment of the fee, the City recommended that the Applicant install street trees behind the existing sidewalk. Exhibit 1, Staff Report;pages 4 and 16. 15. The development is expected to add 10 new PM peak hour trips to the local street system. The Mitigated Determination of Nonsignificance (MDNS) issued for the proposal requires the Applicant to mitigate traffic impacts by (1) preparing a Traffic Impact Study and constructing those improvements necessary to raise the Level of Service of affected intersections above City standards; or (2) paying a fair share of the estimated construction costs of the City's South 272nd Street/South 277`h Street Corridor Project. Exhibit 1, Attachment F. 16. Kent School District No. 415 would serve the students generated by the development. Pursuant to KCC 12.13.160, each lot would be assessed an impact fee at the time of construction permit issuance to mitigate the impact of additional students on school district facilities. Exhibit 1, Staff Report, page 8. 17. The proposed development would provide safe walking conditions for students who walk to and from school. A sidewalk would be constructed along one side of Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KlVA #2042372 Page 5 of 18 the private access road. There are existing sidewalks on SE 272"d Street. The City submitted that pedestrian or vehicular connections to adjoining properties are not needed. Exhibit 1, Staff Report, page 9. 18. The King County Department of Metropolitan Services (METRO) .serves the subject property through bus routes on SE 272"d Street and a park and ride facility located on 132' Avenue SE. METRO was notified of the preliminary plat application but did not request additional transit improvements. Exhibit. 1, Staff Report,page 10. 19. Each of the lots would be connected to water service provided by King County Water District No. 111, and to sewer service provided by the City of Kent. Exhibit 1, Staff Report, page 10. 20. The Applicant proposes to detain and treat stormwater runoff from the site in a combined detention pond/stormwater wetland to be located along the southern site boundary. The facilities would provide Level 2 flow control and Resource Stream Protection water quality treatment. The facilities would release the treated runoff into the wetland tract at a controlled rate. Excess runoff would be conveyed to the existing storm system along the north side of SE 272°d Street. Exhibit 3, Revised Preliminary Technical Information Report. The City of Kent requested as a condition of preliminary plat approval that the stormwater design meet a Level 3 flow control standard for flows through a six-inch culvert to the east of the subject property. The City recommended Level 2 flow control for the remainder of the system. Exhibit 1, Staff Report, page 13. 21. Section 12,04.780 of, the Kent City Code requires developers to dedicate five percent of the site area as open space for parks or pay a fee in lieu of dedication. The Applicant proposes to pay the fee. The fee amount, based on current tax assessment records from the King County Assessors Office, would be $12,000.00, Exhibit 1, Staff Report, page 8. 22. The City of Kent acted as lead agency for review of environmental impacts caused by the proposal. The City Issued a Mitigated Determination of Nonsignificance (MDNS) for the plat on January 11, 2006, The MDNS contains two conditions (1) requiring the Applicant to submit a Traffic Impact Study and construct the transportation improvements called for in the study or pay an Environmental Mitigation Fee representing the project's fair share of the City's South 272"d Street/South 277th Street Corridor project, and (2) requiring the Applicant Install a wildlife passable fence and wetland information signs at the edge of the wetland buffer, The MDNS was not appealed. Exhibit 1, Attachment F; Exhibit 1, Staff Report, page 3. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 6 of 18 I I I 23. Notice of the open record hearing was posted on site on February 16, 2006; mailed to properties within 300 feet of the site on February 17, 2006, and published in King County Journal on February 18, 2006. Exhibit 1, Attachment D. CONCLUSIONS i Jurisdiction The Hearing Examiner has jurisdiction to hold a hearing on preliminary plat applications; to consider all evidence presented at the hearing; and, based on that evidence, to approve, disapprove or approve with conditions the preliminary plat. KCC 2.32; KCC 12.04; RCW 58.17. Criteria for Review The decision of the Hearing Examiner must be.supported by the evidence presented and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the KCC and Chapter 58.17 of the Revised Code of Washington (RCW). The review criteria include the following: A. Under KCC 12.04.635, no subdivision shall be approved unless the proposed subdivision: 1. Creates legal building sites, which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establishes access to a public road for each segregated parcel; 3. Has suitable physical characteristics (i.e. a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval); 4. If adjacent to another municipality or King County, takes into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Makes adequate provision for stormwater detention, drainage ways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary; and 6. Makes adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways. B. Under KCC 12.04.685(A), a proposed subdivision and dedication shall not be approved unless the City finds that: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 7 of 18 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; b. Protection of environmentally sensitive lands and habitat; G. Open spaces; d, Community parks and recreation; e. Neighborhood tot lots and play areas; f. Schools and school grounds; g. Drainage ways; h. Stormwater detention; L Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; k. Transit stops; I. Potable water supplies; M. Sanitary wastes; n. Other public utilities and services, as deemed necessary; and 2. The City has considered all other relevant facts; and 3. The public use and interest will be served by the platting of such subdivision and dedication; and 4. The City has considered the physical characteristics of a proposed subdivision site. These criteria as set forth in the Kent City Code are essentially identical to those in the Revised Code of Washington, These criteria must also be met by the application before a decision of approval can be made. RCW 58.17.110 requires that: Appropriate provisions must be made for the publlc health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public interest must be served by the subdivision. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K1VA#2042372 Page 8 of 18 i Conclusions Based on Findings 1. With conditions, the proposed development is consistent with the provisions of KCC 12.04 and RCW 58.17A10. A. With conditions, the proposed development would comply with the standards set forth in KCC 12.04.635. The subdivision would create legal building sites, each with access to SE 272o6 Street via a new private road, With mitigation of wetland impacts in accordance with the approved mitigation plan, the subject property would have suitable physical characteristics for residential development. Adequate provision would be made for stormwater detention, water, and sewer. The internal street and sidewalk would connect to SE 272"d Street. Further street connections would not be appropriate for this development. Findings Nos. 4, 5, 7, 8, 10, 13, 17, 19 and 20. B. With conditions, appropriate provisions would be made for the public health, safety, general welfare and all other items Identified in KCC 12,04.685. The proposed private street improvements and payment of mitigation fees would provide for public safety and mitigate the traffic impacts of the development. However, a condition is needed to ensure that as many trees as possible are preserved along the western plat boundary. Such condition would promote the general welfare by providing a buffer between the private street and the adjoining residential development, and would be consistent with the City's tree retention standards. The wetlands on site would be protected in accordance with City ordinances and the approved mitigation plan. Open spaces would be provided within the wetland and drainage tracts. The development's impact on community parks would be mitigated through payment of a fee in lieu of dedication, and its impact on schools would be mitigated through payment of impact fees at the time of construction permit issuance. Stormwater runoff would be treated and detained on site in accordance with City standards. Appropriate provision would be made for sidewalk connectivity. Adequate facilities would be provided to ensure safe walking conditions for students walking to and from school. Transit service would be available to residents through bus routes on SE 272"d Street and a nearby Park and Ride facility. Water and sanitary sewer service would be extended to each of the lots. The physical characteristics of the site have been considered, and such characteristics would not prevent development of the site as proposed. Findings Nos, 7-22 Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 9 of 18 C. Based on the above conclusions, the requirements of RCW 58.17A 10 have been satisfied. DECISION Based on the preceding Findings and Conclusions, the request for approval of a preliminary plat to subdivide 3.51 acres of land into 11 single-family residential lots is GRANTED, subject to the foilowing.conditions' A. PRIOR TO RECORDING THIS SUBDIVISION: 9: The Owner ! Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference andlor prior to recording this plat, whichever comes first. 2. The:Owner,l Subdivider shall provide Public Works with a digital plat map prepared with a, CAI program,'The digital information can be formatted in either *.DWG .(AuwCad) or *.DXF (Drawing Exchange File), but must be based-upon State Plane coordinates: an assumed coordinate system `is not permitted. The State Plane Coordinates shall be on the NAD 83/91 -datum,and relate to at least two City of Kent reference.points within one half mile of:the subdivision. In' addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The elevations of these benchmarks will be reported at the time as-built drawings are-submitted along with field notes sufficient to verify their accuracy. 3. The Owner ! Subdivider, shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the existing public 8 inch sanitary sewer system constructed within the right-of-way for Kent Kangley Road / SR-516 and shall be sized to serve all off site properties within the same service area; in addition, the sanitary.sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 10 of 18 The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. This development will be served by Water District #111 and will be constructed to Water District#111 standards and specifications. Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology. C. A stormwater system, The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans are given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included with the engineering plans. The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and Planning Services approved Detailed Tree Plan (3) The retention / detention and release standard that will be met by the subdivision is Level Three through the 6-inch culvert on the property directly to the east and a Level Two will be sufficient for the remaining analysis. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat 4SU-2004-7 KIVA#2042372 Page 11 of 18 (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention I detention tract is large enough to contain the required minimum stormwater storage volume and water quality facility. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and their buffers. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer. to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) Roof downspouts for each roofed structure (house, garage, carport, ' etc.) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMP's. , in Appendix C to the King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS, (7) If determined necessary by the Public Works Department based- on the required downstream analysis, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 12 of 18 (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the . 1998 King County Surface Water Design Manual, Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance.Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading. Plan for the entire. subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. e, A Wetland Mitigation Plan meeting the requirements of the City of Kent Wetlands Management Ordinance, and City of Kent Development Assistance Brochure #10, Wetland Mitigation Plans. These plans shall pursue avoiding or minimizing impacts to wetlands to the maximum extent possible by analyzing alternatives that would avoid the impact, as stated in Kent City Code, Section 11.05.120 - Avoiding wetland impacts. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 13 of 18 f. Interim Street Improvement Plans for Kent Kangley Road I SR-516 along the entire property frontage thereon. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6- 8, Street Improvement Plans, for a street designated as a Principle Arterial Street by the City of Kent Master Plan of Roadways. Initial guidance for the necessary interim street improvements is given below: (1) in lieu of constructing a City-approved street lighting system along the subject street frontage — which would require the relocation of high-voltage power lines — the Owner / Subdivider shall instead provide the City with $10,000 (the cost to install a new service cabinet and two new street lights), and the City will install the street lighting system along the south side of Kent Kangley Road I SR-516 when the City has collected enough money to fund that street lighting system. (2) Street Trees installed behind the existing cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure 414, City of Kent Street Trees, g. Street Improvement Plans for the new.Private Residential Street connected to Kent Kangley Road and terminating with a permanent approved turnaround at its northerly terminus. This private street shall serve all 11 lots in this subdivision because any future extension for connectivity has been determined not to be feasible due to adjacent sensitive areas to the north. The Street Improvement Plans for this private street shall be designed in conformance with the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a private street 20-feet wide. Initial guidance for these street improvements is given below: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 14 of 18 (1) A 5-foot wide cement concrete sidewalk along the east side of the private street. A 5-foot wide sidewalk is suggested, but not required, along the north side of the approved private turnaround. (2) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, except where additional width is required by the Fire Marshal for emergency access. (3) A private stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (4) Pavement, radii of 30-feet, at the intersection of the Subdivision Street and Kent Kangley Road / SR-516, and at the approved turnaround. (5) Unless additional HMA pavement width is provided for parking, this minimum width private street shall have pavement markings and traffic signs installed which clearly designate both sections of this private street as Fire Lanes, j where no parking will be permitted. (6) The private street shall be centered within a private roadway tract or easement that is at least 1-foot wider than the total paved width of the private street. 4. The face of the final plat will clearly identify the private street and which lots will be served by the private street. The face of the final plat will also specify that the maintenance of the private street is the sole responsibility of the property owners who are served by the private street. 5. Direct vehicular access to and from lots having frontage along Kent Kangley Road / SR-516 is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG KENT KANGLEY ROAD / SR-516 IS PROHIBITED, ACCESS FOR THESE LOTS IS RESTRICTED TO THAT PRIVATE STREET SHOWN ON THE FACE OF THE FINAL PLAT. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 15 of 18 6, The Owner I Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 7. The Owner I Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and its buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetiand Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner / Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS I EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND INCLUDING SURFACE WATER J MAINTENANCE OFF SLOPE STABILITY, VISUAL ANDA AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT, THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE EBY ILL REMOVED TI RITHIN E TRACT MAY NOT BE CUT,OR DAMAGED P D WITHOUT APPROVAL COVERED N WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 16 of 18 I NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND i CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 8. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 9. Break-away mailbox clusters shall be installed at locations and per standards approved by the US Postmaster and the City of Kent Public Works Department. 10, The Owner/Subdivider shall submit for review and approval and obtain appropriate permits to demolish or relocate existing structures in compliance with Kent City Codes, 11. The Applicant shall obtain City approval of a tree retention plan pursuant to KCC 15,08.240. The tree retention plan shall provide for the retention of trees along the western plat boundary to enhance the vegetation buffer along the property line. Tree retention along the western plat boundary shall be deemed feasible if it can be accomplished through adjustments to the private street corridor or reduction in depth of proposed lots. No adjustments to the private street corridor shall be required that would cause the private street or the adjoining lots to fail to comply with other applicable City standards. B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER 1 SUBDIVIDER SHALL: 1. Record the Plat. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 17 of 18 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E-1, As- Build Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City. DATED this 15th day of March 2006. THEODORE PAUL HUNTER Hearing Examiner i II Findings,Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 18 of 18 i I KENT Agenda Item: Consent Calendar - 7M TO: City Council DATE: March 4, 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. 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: NAY: BUDGET IMPACTS: 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 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 KENT Agenda Item: Consent Calendar - 7N TO: City Council DATE: March 4, 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: NAY: BUDGET IMPACTS: 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 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: KENT Agenda Item: Other Business — 8A TO: City Council DATE: March 4, 2014 SUBJECT: Consultant Services Agreement with Karras Consulting - Authorize MOTION: 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. SUMMARY: On September 17, 2013, Council directed Human Resources to conduct a recruitment for the Finance Director. After developing a thorough recruitment plan, which included ads in the Seattle Times, online job boards (CareerBuilder, AICPA), government finance websites (GFOA), government job sites (ICMA, AWC) and direct emails to regional finance chapters (WFOA) across the state, the city has received 22 applications. Of those 22, none had experience as a finance director in a comparable city. We are just unable to reach the right type of candidates —happily employed high performers, because they are not actively in the job market. In addition, the Mayor wishes to conduct a national search for a Chief Administrative Officer (CAO). We face the same problem as described above. With that in mind, several firms were contacted to provide proposals for the CAO recruitment. We received proposals from five firms. Again, Karras was chosen because of the breadth of their recent works (see attached proposal). Based on the failure to attract highly qualified candidates, I wish to combine both searches with Karras Consulting at a price not to exceed $60,212, plus limited travel costs for select applicants. EXHIBITS: Karras Consulting Chief Administrative Officer Proposal RECOMMENDED BY: None BUDGET IMPACTS: None This page intentionally left blank. 11 KARRAS CONSULTING ���µiomm000m � vr.>�,...o�o• City of Kent Recruitment Services for a Chief Administrative Officer KARRAS CONSULTING V�"R,li ° Ilvq ro'N�: II rW�i II, ,vdSA'L+ S Afi,, tl'I Itl I'flIu':7n Y6086/ .V ffl.iI;.V Illrrtu rub° utl+amo�ou,d�xlW rrn s�;i ��xo,o,u8*'our}„.ur�N: VAdVrr;7,r.pc; rrr rS 1: 1ix`xi,sou8*oau 12 KARRAS CONSULTING January 6,2014 Dear Ms. Patterson, Thank you for the opportunity to submit a proposal to perform executive search services for the City of Kent. The following information is intended to lay out our approach and how our firm can best assist in the search for your new Chief Administrative Officer. We work exclusively with public sector clients and have been providing executive search services for more than 25 years. We are uniquely qualified in that we have been in human resource leadership positions and understand the nuances of running large and complicated organizations. We offer three important characteristics you will require in an executive search consultant: 1. Long-term sustained and successful experience in providing executive search services and filing very visible executive positions for the public sector. 2. We do not exclusively recruit for municipal government executives. Therefore, our candidate repository is broader, consisting of a proprietary viable pool of more than 2,000 highly qualified and successful municipal govermnent, general govermnent and private sector executives. 3. Your search will be conducted by me, the CEO, not assigned to an associate. I was the Washington State Hunan Resources Director for eight years serving under the previous two governors. As the highest-ranking human resource executive in Washington State government, I have been involved in the recruitment and selection of hundreds of local govermnent executives and agency directors. Last year, Governor Inslee, selected Karras Consulting to conduct the recruitment and selection of his top cabinet agency directors to include the Director of the Health Care Authority (responsible for state implementation of ACA), the Director of the Department of Health, Secretary of the Department of Transportation, Directors of the Departments of Social and Health Services, Labor and Industries, Employment Security, Information Technology and others. In addition, new Seattle Mayor Ed Murray has retained us to conduct the recruitments for his top department directors to include the Director of Hunan Services and Director of Transportation. Through these efforts we have talked with and interviewed hundreds of top executives throughout the Pacific Northwest and nation. As a result we have a current pool of qualified candidates who may have an interest in this position or know of others who are well qualified. We employ state-of-the-art techniques and technology to conduct your search. Video conferencing is used to screen out- of-area candidates, saving travel costs and other associated expenses. In addition, while we recruit nationwide, we have an unparalleled understanding of the Northwest employment market. Our strong local connections to the region are more important than ever in today's economy. We specialize in executive level searches. We have developed long-lasting relationships with clients and are proud that over 90% of our work is repeat business and referrals from satisfied customers. Our firm is in an excellent position to provide the balance and comprehensive approach that will identify the truly exceptional candidates who will have the leadership and vision to execute the City of Kent's strategic plan. We are more than a search service; we are experts in public sector recruitment, partners you can depend on to find the right professionals to meet your needs. Best Regards, Dennis Karras, CEO III'AF"bMlad",;.OP'4"riW.�"IIW',4G I ,Jpwr all: Nkq iNY 11a hii ura 1111 ;o7 ur ,oiidlYd4ow; �� 13 KARRAS CONSULTING Your Search Team Karras Consulting is a father/daughter firm located in Olympia, Washington specializing in providing customized executive search services. We are both fully engaged in the executive search process for the duration of the project. Our philosophy is to not compromise the quality and outcome of our work by taking on too many recruitments at one time. The lead consultant for the Chief Administrative Officer will be the CEO of Karras Consulting, Dennis Karras, who will have primary responsibility and final authority for all work Marissa Karras will be the associate consultant providing project support. Dennis Karras, SPHR—CEO and Lead Consultant Address: 1802 Black Lake Blvd SW,Suite 101 Olympia, WA 98512 E-Mail. dennis(aJkarrasconsulting.net Phone: 360.867.1410 Dennis has more than 25 years of state government executive and legislative experience, including 10 years as the State Director of Personnel under two previous Governors. As a member of their Executive Cabinets, he administered the statewide human resource management system covering approximately 90,000 employees in state agencies, colleges and universities. From 1993 to 2001, he oversaw Washington State's Executive Search Services providing solutions for public agencies seeking dynamic executive-level leaders. During this time, Executive Search Services successfully placed over 300 executives in state and local government, higher education, and boards and commissions. For the previous 12 years Dennis was the Committee Staff Director for the Washington State House of Representatives' Non-Partisan Budget, Research and Legal Departments. Dennis also served more than six years as the Senior Vice President of Human Resources for the $1.4 billion Washington State Employees Credit Union, the second largest not-for-profit credit union in Washington State. Dennis has personally conducted hundreds of executive search recruitments during his career. He has an undergraduate degree in liberal arts and a certificate from the University of Michigan's Graduate School of Business advanced Human Resource Executive Program and is certified as a Senior Professional in Human Resources by the Society for Human Resource Management. Marissa Karras,Vice President and Associate Consultant Address: 1802 Black Lake Blvd SW,Suite 101 Olympia, WA 98512 E-Mail. marlssa@karrasconsulting.net Phone: 360.956-1336 k y Marissa has extensive experience in the areas of executive recruitment and compensation. As a project manager for Karras Consulting during the past seven years, she has played a key role in coor inating executive searches and developing compensation strategy. Prior to joining Karras Consulting, she was a public relations and marketing director in the high tech industry. She has also worked in human resources for both the Washington State Department of Fish and Wildlife and the Office of the Superintendent of Public Instruction. Marissa is a 1999 graduate of the University of Washington Foster School of Business. IIKARR!1S d';.d"uN"riB„PN„'flH114G I ,Iper faii Pkq :PM dH'ldiPtaaH 7f:➢ n 14 KARRAS CONSULTING Executive Search Experience We conduct executive searches for elected and appointed officials throughout the Pacific Northwest. We have conducted many searches for sizeable and complicated organizations. Listed below is a sampling of our recent experience conducting nationwide recruitments for executive level positions. Director of the Department of Transportation, City ofSeattle Executive Director, Puget Sound Regional Council Planning and Development Director, Metro Regional Government Jail Bureau Chief, Pierce County Sheriffs Office Director ofParks, Arts and Recreation, City of Olympia President and CEO, SAIF Corporation Director of Community Services, Multnomah County Director ofHuman Resources, City of Tigard Assistant Director ofHR, Washington State Assistant Director ofLocal Government, Washington State Department of Commerce Director, Washington State Department ofLabor and Industries Director of the Office ofEmergency Management, Multnomah County Secretary, Washington State Department of Transportation Director of Community Services, Multnomah County Chief Financial Officer, Washington State Department ofEmploymentSecurity Director, Washington State Department ofEcology Secretary, Washington State Department ofSocial and Health Services Commissioner, Washington State Department of Employment Security Executive Director, Puget Sound Regional Council Business Resource Center Director, King County Assistant Director, Washington State Department of Commerce Director ofHuman Resources, Pierce County Director, Washington State Health Care Authority Director ofEmergency Management, Pierce County Deputy CIO, City of Seattle Senior Engineer, PSCAA Deputy Director of Budget and Finance, Pierce County Prevention Division Director, Seattle &King County Public Health Pierce County Government Relations Manger Director ofSolid Waste, King County Department ofParks and Natural Resources Executive Director, Washington State Council of Presidents IIKARR A',a d';.d"uN"riB„PN„'flH114G I ,jper fail: inn in dH'ldiPtan H 7f:➢,ihr "mild h4iPY; II 15 KARRAS CONSULTING Chief Economist, Washington State Economic and Revenue Forecast Council President, Bates Technical College Executive Director, Lodi Winegrape Commission Planning and Land Services Director, Pierce County Executive Director, Washington State Wine Commission Executive Director, Washington State Public Disclosure Commission Director ofHuman Resources, City ofSeattle Director ofBudget and Finance, Pierce County Human Resources Director, Sound Transit Emergency Medical Services Director, Seattle King County Public Health Chieflnformation Officer, South Puget Sound Community College Human Services Director, Snohomish County Community Connections Director, Pierce County Road Services Division Director, King County Department of Transportation Director ofAir Quality Programs, Puget Sound Clean Air Agency Assistant Director, Community Services, Washington State Department Of Commerce Director of Community Partnerships and Communication, Seattle &King County Public Health Chief of Assessment and Policy Development Seattle &King County Public Health Director of Performance Measurement, Puget Sound Health Alliance Executive Director, Puget Sound Clean Air Agency Executive Director, Washington State Higher Education Coordinating Board Facilities Director, Pierce Transit Assistant Medical Examiner, Snohomish County Director oflnformation Technology, Pierce County Chief Medical Examiner, Pierce County Design and Construction Manager, King County METRO Deputy Director for Policy, Planning and Research, HECB Planning and Development Services Director, Snohomish County Director, Tacoma-Pierce County Health Department Structural Engineer, King County Department of Transportation, Road Services Division Pipeline Safety Director, Washington State Utilities And Transportation Commission Director of Licensing and Regulation, Washington State Liquor Control Board Human Resources Manager, King County METRO Ch ief Information Officer, Office Of The Superintendent Of Public Instruction Director oflnformation Services, Snohomish County IIKARR A',a d';.d"uN"riB„PN„'flH114G I ,jpwr faii nq in dH'ldiPtan N 7f:➢,ihr "mild h:OW; ��� 16 KARRAS CONSULTING Example of a recent City Manager search: We recently conducted an executive search for the City Manager of Mill Creek, Washington. Mill Creek has a population of 18,459 residents. The City operates in a Council- Manager form of government with individual department heads reporting to the City Manager. There are seven city council seats. The council selects one of its members to preside over meetings and serve as mayor. The City has five primary departments with a total workforce of 66 FTEs. Throughout the various stages of the recruitment we worked closely with the City Council We assisted them to define the core competencies of the position and refined the skills, abilities and qualities they were looking for in the ideal candidate. We conducted an international search that yielded 67 candidates. Subsequently, we screened this group through resume evaluation and preliminary interviews to an "A" and `B" list. After careful review the Council selected seven candidates to move forward as semi-finalists. Two finalists were selected by the Council to move forward for final interviews and a public reception. A well-qualified public sector executive from the City of Seattle was ultimately selected. The recruitment was on time and within budget. Scopeof The objective of this project is to assist the City of Kent in its national search effort for a Chief Administrative Officer. Our mission is to not simply search for a Chief Administrative Officer, but rather an extraordinary leader with the technical skills, ethics, integrity and experience to maintain and enhance the City's reputation. Karras Consulting's Executive Recruitment Model Mayor City Council Staff and Stakeholder Meetings Core Competencies and Desireable Qualifications Job Announcement Design Timeline and Advertising Strategy rrruurr uuuur uuuur ark �/r uuuur uuuuri vie uuuur urn Targeted Recruitment and Networking d�,d�,d�, ,N �d�d�d �•.,n d�d�d d�d�d�d�dn Ongoing Client and Applicant Communications I Preliminary In Person and Videoconference Interviews ........................................... ,,,,,, ,,,, � ,,,,,,.. ,,,,,,.. ,,,,,,.. Recommendation of Semi Finalists Develop interview questions and proccesses Facilitate Panel Interviews ,na,,,,,,,,a,,,,,,,,a,,,,,,,,a, Reference Education Verification and Criminal Background Checks eo.eo.eo eo.eo.eo, eo.eo.eo, o.eo.eo.. eo.eo.� � eo.eo.eo eo.eo, roo �r. Facilitate Public Reception and Finalist Interviews Candidate Selection IIW°bMS d';.d"ud'NSB..PN.'flH114G Hil aaa iH 7f:➢,ihr i�n�ld lY+4 irl'dff 17 KARRAS CONSULTING Pre-Search Activities and Project Review: A successful recruitment results from a logical and comprehensive plan linked to a strong working relationship and communications between the executive recruiter and the client. The following elements of the pre-search activities and project will be reviewed with you: • Project timeline and deliverables • Scope of work • Total compensation package and current market rates • Determine key stakeholders • Identify ideal candidate qualities and competencies Strong communication is essential for a successful recruitment. We will meet with City Officials, the Project Manger and others throughout the process. We provide comprehensive weekly written updates to keep you apprised of the progress of the recruitment. We are easily accessible at all times during the recruitment to answer questions and provide updates. We are readily available to meet in person. Developing the Chief Administrative Officer candidate profile: The objective of this project is to assist the City of Kent in its national search effort for a Chief Administrative Officer. Our mission is to not simply search for a Chief Administrative Officer, but rather an extraordinary leader with the technical skills, ethics, integrity and experience to maintain and enhance the City's reputation. We will work with you to establish the candidate profile and qualifications of the new Chief Administrative Officer. We will begin with a review of the duties of the position. The purpose of the review is twofold: First, it will allow us to gain a comprehensive understanding of the day-to-day duties, ongoing roles, and strategic responsibilities of the Chief Administrative Officer. This is vital to identify the qualities and experience required in successful candidates. Second, the review enables our firm to provide direct input to the applicability of the current components of the job description, desirable qualifications and performance standards. Once we have a firm understanding of the job description, organizational culture, desirable qualifications, performance dimensions and key competencies of the Chief Administrative Officer, Karras Consulting will develop the candidate profile for your approval. All candidates will be measured by this profile. Soliciting Input: An important step in our pre-search activities is to meet with the City Officials, staff and citizens to brainstorm the skills, abilities,knowledge and qualities necessary to succeed as the Chief Administrative Officer. In the first weeks of the recruitment we will interview key City personnel and meet with key community stakeholders whose insights are deemed critical to the process so we can gain perspective to help us best represent the opportunity and assess potential candidates. This will help us to complete the overall picture of your organization. Finding Qualified Candidates: Generating a diverse and qualified pool of applicants means reaching out to those looking for new opportunities in addition to capturing the attention of outstanding individuals who are not "on the market." One of our key strengths is identifying and recruiting individuals who are satisfied in their current roles and not actively looking for a new job, but would be an excellent fit for the Chief Administrative Officer. IIHARR!1S d';.d"uN"riB„PN„'flH114G I ,Iper ff'011 Plr iPM dH1l PtaaH 7f:➢lhr 1 18 KARRAS CONSULTING Design advertising strategy. We go above and beyond the traditional job boards and print media advertising methods. We maintain an extensive candidate database. None-the-less we are experts at industry specific job boards and are able to maximize advertising resources by recommending best choices. Networking Our advertising and networking capabilities are extensive. We rely heavily on personal contacts to find the very best candidates. When interviewing key staff, similar organizations and partners, we obtain important information about what qualities to look for in prospective candidates. Diversity Our team has established external outreach networks to support your organization in reaching a diverse pool of candidates. We go out to a broad list of local and national diversity recruitment sources and as a 10-year member of the Governor's Affirmative Action Program Committee, we have developed relationships with a wide range of diverse individuals and organizations. We have a proven track record of providing diverse candidates to our clients and we feel it is important that the candidate pool reflect the diversity of the City of Kent. Recruiting Tools: Tools we would utilize to recruit for the Chief Administrative Officer include: • Posting the job announcement on the Karras Consulting website which receives thousands of hits each month. • Job announcement e-mailed personally to hundreds of qualified public and private sector executives from our proprietary candidate database. • Use social media such as Linkedin and Twitter to promote the Chief Administrative Officer opportunity. • Place personal phone calls directly to highly qualified executives who are currently employed and not actively searching for anew job. • Place ads with online job search engines, professional associations, trade publications, diversity groups, journals and other print media. Candidate Screening: Accept applications and resumes Many people look good on paper. Others interview extremely well. But how can you judge who will really fit into your organization's vision and culture? We will help you evaluate the candidates' ability to walls the talk. We do not wait for the application deadline to pass before we begin the screening process. We evaluate applicants as they apply and use in-person,video conference and telephone interviews to screen candidates. All candidates who appear qualified on paper are interviewed by Karras Consulting in order for us to learn more about their experience, skills, education, management style and philosophy. All of this information is then compared to the pre-determined attributes and core-competencies necessary to excel as the Chief Administrative Officer. We spend a significant amount of time on this part of the process, typically interviewing about 25%-35% of the candidate pool, in order to bring you the best qualified candidates. We communicate with every candidate to notify them their application materials have been received and also to update them on their status as the recruitment progresses. IIHARR!1S d';.d"uN"riB„P flIIW14G I ,Iper ff.ii Pkq :PM dH1l PtaaH 7f:➢lhr it n�l,vi(d4�PI'!i'' 19 KARRAS CONSULTING Joint screening of applicants Our selection process is designed for you to participate in the screening process at key points during the recruitment. The three main opportunities for joint screening are: 1) Review of all candidates, 2) Review of"A" and`B" list recommendations and 3)Panel and Finalist interview processes. Prepare written summaries of candidates' qualifications Karras Consulting will meet with you to review the backgrounds of a selected 8-12 pre-qualified prospects—the "A" and`B" list. We provide written reports on each candidate's education, experience and qualifications. In our experience, at least four to six of those individuals are selected to move forward as candidates. Preliminary Screening Panel: We assist you in developing appropriate processes,resources and materials for use in selecting candidates as finalists. We offer our expertise in putting together a preliminary screening panel that is typically made up of no more than six to eight individuals with a mixture of City Officials, stakeholders and staff. We help to design appropriate and behaviorally based, content valid interview questions. We will draft recommended interview questions for your review. The more methodical and systematic the interview process, the more likely it is to produce the kind of information needed to make good judgments about an individual's chances for success. We feel tasking semi-finalists to deliver a 15-minute power point presentation based on a pre-exposed question plus another 45 minutes spent answering job related questions around the core competencies of the position produces the best opportunity to assess candidate knowledge, skills and abilities. Liability releases are required of all viable candidates to limit exposure to legal liabilities. Finalist Interviews and Candidate Selection: The objective of the final interviews is to observe candidates in various settings and determine how likely they are to succeed in the Chief Administrative Officer position and fit into your workplace. Public Reception We suggest holding a reception the afternoon or evening before the final interviews to give elected officials, employees, stakeholders and the public an opportunity to get to know the candidates. We recommend an environment that permits each candidate to make a short presentation and answer relevant pre-screened questions. Final interviews We design interview questions that will reveal pertinent information about each candidate's ability to meet the core competencies of the position. Questions are constructed to meet EEOC guidelines. All materials (application, resume, cover letter, salary history and supplemental responses) are included in booklets that are provided in advance to the panel. Perform comprehensive background checks of finalists(s) A thorough background check is critical because it provides an overarching picture of the behavioral pattern of the candidate. It is our practice to go beyond references listed on the resume. We find that candidate supplied references provide less balanced information about the candidate than information acquired from other IIKARR!1S d';.d"ud'NSB..PN.'flH114G I ,Iper fCl ii rkq ::Pk H'l,ia aH 7f:➢ n Y II 20 KARRAS CONSULTING supervisors,peers and subordinates. We go deeper, and consequently provide a more complete picture of each candidate's strengths and challenges. We provide you with a comprehensive, written report for each finalist that reveals the background information we have gathered which is linked to the job's key competencies. We also conduct a thorough criminal background check Employment Offer: After the City has selected the top candidate we are available and would welcome the opportunity to assist in negotiating the employment agreement. Project Schedule: Below is an estimated project schedule for the Kent Chief Administrative Officer recruitment. We are available to begin the search in early March. Week 1 2 �S 4 5] 6 78 9 10,! 11 12.i Phase I ✓ Meet with Mayor and staff ✓ Touch base with stakeholders ✓ Review job descriptions ✓ Design candidate profile and recruitment brochure Phase II ✓ Recruitment strategy and timeline ✓ Advertising plan Phase III ✓ Identify and develop the content of screening interviews ✓ Panel makeup ✓ Interview questions Phase IV ✓ Commence national recruitment ✓ Place advertisements ✓ Target potential candidates ✓ Assess candidate pools(ongoing) ✓ Karras Consulting conducts screening interviews Phase V ✓ Review candidates with Mayor ✓ Recommend A and B list candidates ✓ Conduct semi-finalist interviews ✓ Conduct background reference checks ✓ Conduct finalist interviews ✓ Public reception with finalists ✓ Present candidate profiles and confidential background reports ✓ Candidate selection ✓ Negotiate employment package IIH'AF"bMla d",;.ON"riW.l"IH'iG I ,Ipwr ff ii: iml in dI:.fldir an iH form ,oinlYd4OW; 21 KARRAS CONSULTING References Kathy Nielson Mayor Pro Tem, City of Mill Creek Phone: 425-286-5050 Immillcreek@gmail.com Pat McCarthy County Executive,Pierce County Phone: 253-798-6602 pmccart@co.pierce.wa.us Joni Earl CEO, Sound Transit Phone: 206-398-5012 j oni.earl@soundtransit.org Kelly Wicker Director of Internal Affairs, Office of the Governor Phone: 360-902-0612 kelly.wicker@gov.wa.gov Maryann Renzi Director of Finance, Technology and Development, Puget Sound Clean Air Agency Phone: 206-689-4041 maryannr@pscleanainorg Our firm is unique in the industry in that our clients do not incur hidden fees. Karras Consulting works for a flat fee on a retained search basis. You know before you hire us exactly what the fixed costs of your search will be. That is dramatically different from search firms that quote a low initial fee but add charges for every action related to the search. • Our total professional fee for executive recruitments is 20% of the top range of the salary for the position. All related tasks required to successfully complete this recruitment including: all position advertising, e- recruiting, print media, trade journals; on-site visits; client correspondence; targeted recruiting; interviewing; coordinating candidate travel; professional reference checks; printing of documents and materials; preparation of interview booklets; delivery and postage expenses; consultant travel and related expenses and criminal checks are included in this cost. Fees and Expenses paid by client. • Travel and related expenses for out-of-state candidates IIHARR!1S d';.d"uNSB„ flIIW^14G I ,Iper faii Pkq :PM dH1l Ptaa H 7f:➢ n it n�ld lY d4 API"r' ��� 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 ACTION AFTER EXECUTIVE SESSION CITY OF KENT City Council Meeting Agenda I�� mt U r rt r m March 4, 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 4, 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 B&O Project List Tim LaPorte 10 min Riverbend Golf Complex Jeff Watling 80 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. Oath of Office, Councilmember Fincher B. Public Recognition C. Community Events D. Legislative Update E. 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. Excused Absence for Councilmember Berrios D. B&O Tax Exemptions and Deductions Ordinance — Adopt E. New Water Superintendent I Classification - Approve F. Position Change from Supervisor to Special Projects Manager — Approve (Continued) COUNCIL MEETING AGENDA CONTINUED G. Consultant Agreement for the Green River Trail Projects from Veterans Drive to Three Friends Fishing Hole — Authorize H. Land 0' Frost Donation Agreement - Authorize I. 2014 Washington State Slo-Pitch Umpires Association Agreement - Authorize J. Fire Station #74 Data Center Remodel Agreement with Dutton Electric Company, Inc. — Authorize K. 2013 Fourth Quarter Fee-in-Lieu Funds — Accept L. Malik Ridge Final Subdivision Plat — Approve and Authorize M. Boeing Company - Release and Cancellation of Sanitary Sewer Easement — Approve N. Boeing Company - Release and Cancellation of Public Turnaround Easement — Approve 8. OTHER BUSINESS A. Consultant Services Contract with Karras Consulting — Authorize 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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"o m. 1D a - O 3 - G m ^ m s � m m m n am < r " , D ,.r a A 3 J 0 3 , N A n m 0 3 01 mm J n ^ 3 N m o o ,< 3 a �^ 3 m d c y J Q d o n m m m _ o _ 3 3 n o W (Dam 13oo3ma ,J_ro aM datum O' y n O -o C ur O n m O 1D O d J J o N 0 = 3 o S d °- N O a m OM Q 'Mm a M m < m.'^ o T s < ^ M n o m m - n O a ; z o 0 0 m ^ ^ a m 'o n D m- _ - a - --m. a ,d nm cVi >a. > ^ • m S Ja - - c aa - mmM 3 n3 �3WMM ° m 3 c ° om (D 3mmY � ^ � c o3 � a3 mJ, 0 ` a N S N CCD ,� N m J �L o M n N N ° S m S -O x� C o S n f 0 O , * N • N N m 3 ,, N COCW ` JNNCSS SMfDJf°DCQmc `iln0 _ d J C n N N = N IJ ^ 01 an J N N 10 S J a O N S J J : o J , N ur C O N N v�i O a a ° J a O O N N S d` / p J m Q ^ o d a a 3 m o d m 01 Q S-Jo 0 4 n ° d m m ^ '^ m ° a 3 a m S d rt x J d O j O O �<�' N � 0 N N a rt i 'mD° omJ ov; - � a- c. �y -<n an o m DO- 3JDN mnf 1 , raS LnO. m O ,< oso COJN s d . d a 0 N N 0 J - ur N T 0 This page intentionally left blank. COUNCIL WORKSHOP 1) B&O Project List 2) Riverbend Golf Complex 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) Oath of Office, Councilmember Fincher B) Public Recognition C) Community Events D) Legislative Update E) 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 N. 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 January 15 and paid on January 15 after auditing by the Operations Committee on February 18, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/14 Wire Transfers 5728-5745 $1,988,546.41 1/15/14 Regular Checks 67950-679925 $1,295,854.08 Void Checks $0.00 1/15/14 Use Tax Payable $6,499.05 $3,290,899.54 Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 18, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/14 Wire Transfers 5746-5765 $1,679,770.09 1/31/14 Regular Checks 679926-680427 $6,813,860.57 Void Checks ($2,303.88) 1/31/14 Use Tax Payable $193.46 $8,491,520.24 Approval of checks issued for payroll for January 1 through January 15 and paid on January 17, 2014: Date Check Numbers Amount 1/17/2014 Checks 334085-334221 $71,832.03 Voids and Reissues 1/17/2014 Advices 324082-324704 $1,454,329.89 $1,526,161.92 Approval of checks issued for payroll for January 16 through January 31 and paid on February 5, 2014: Date Check Numbers Amount 2/5/2014 Checks 334222-334364 $82,221.41 Voids and Reissues 2/5/2014 Advices 324705-325324 $1,301,452.12 $1,383,673.53 11 � KENT WASH IMJ T0N Kent City Council Workshop February 18, 2014 The workshop meeting was called to order at 5:00 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Berrios, and Ranniger (arrived at 5:34 p.m.) Council President Ralph noted that Councilmembers Thomas and Higgins were excused from the meeting. Council Retreat 2014 - Council President Ralph discussed the Council Retreat. She highlighted that it will consist of the Comprehensive Plan and the RESPECT training. She also stated that there may be a discussion concerning information technology. Councilmember Berrios communicated that he would like discussions tied to the Berk Study and what the taxpayers have paid for. He added that he would like some discussions on what has been done with the study. Council President Ralph communicated that the session would be 2:00 p.m. to 6:00 p.m. on Friday and possibly beginning on 8:30 a.m. on Saturday. Councilmember Boyce stated it would be nice to revisit the strategic goals and Tom Brubaker, Interim Chief Administrative Officer said he would contact Mr. Andrew Ballard concerning the Berk Study. Council President Ralph communicated that the Department Director Top Issues discussion was done to set up a framework. Councilmember Berrios said he would also like to look at the unfilled positions in the City and Brubaker communicated that it should be looked at in respect to the budget and staffing needs. 2014 Top Departmental Issues - Jeff Watling, Parks, Recreation and Cultural Services Director presented his departments top issues. He noted that they were shared with the Parks and Human Services Committee and that the issues are: Park Infrastructure, the Green River Corridor, the Riverbend Golf Complex, and how to initiate some recreation facilities planning with the public. Watling stated that parks are aging and there isn't enough funds to correct all of the shortcomings. He noted that the funding sources to address these issues are dwindling and some things can't be continued in the future. He noted that the public and the Council will be kept abreast of things that may or will be cut. Councilmember Boyce discussed the failed levy and stated that the City needs to communicate with the community early and often on those assets that may need to be purged. Watling continued and said there are a number of projects planned along the Green River Corridor. He added that having a river/trail system is an opportunity in the future, but prioritizing all of the different ideas is key. Kent City Council Workshop Minutes February 18, 2014 Council President Ralph stated that having a unified front as a city between Parks and Public Works is very important. Watling said that dealing with the core Riverbend Golf Complex problem is difficult and that there is a meeting on March 4. Councilmember Berrios noted the importance of ensuring something gets done instead of letting another 20 years go by. Watling continued and said initiating some recreation facilities planning discussions with the public needs to occur. He added that there are facillities that have served a wonderful life and within 5 years some decisions need to be made on some aging facilities. He discussed changes in the City such as a growth in population and the fact that the YMCA has interest in having a center in Kent. Another question, he said, is what the Kent vision for the recreation facilities will be. Council President Ralph noted that there are some great things going on in Kent and the issue is how to keep that momentum going when the facillities are aging. Councilmember Boyce confirmed that there is still a shared-use agreement in place between the school district and the City. Tim LaPorte, Public Works Director discussed his top issues. The first issue he discussed was levee accreditation. He discussed the funding statuses thusfar. He noted that the reach north of James Street is awaiting funds from the King County Flood Control District and they should be released in the spring. He noted that obtaining full accreditation for the full 12 miles will require working with the Washington State Department of Transportation (WSDOT). He added that they are also working with the railroad. Council President Ralph inquired if the Systemwide Improvement Framework (SWIF) work will have any impact on the levee accreditation or is it a separate process. LaPorte replied that the SWIF process is separate of the accreditation. He noted that SWIF looks at the entire system, not just the levees. He added that the King County Council has acknowledged the City's accreditation process and that the total amount is about $70 millon and the City has spent about $40 to $50 million. LaPorte discussed the next item on his list, water system sustainability. He discussed the replacement of the Guiberson Reservoir and the construction of a pressure zone. He noted the key endeavors for 2014 are to pursue more water customers and review the City's rate structure, preparing for a system based on cost of service versus consumption. He added that without larger customers, the City will need to raise rates. LaPorte discussed the sanitary sewer system sustainability. He noted that there have been system backups and that Horeshoe Acres needs to be replaced. He stated that two areas need to be totally replaced. He proposed basin charges to replace the pump stations and system hookup fees for new sewer connections. He added that Kent is the only City in the area that doesn't charge for new service. 2 Kent City Council Workshop Minutes February 18, 2014 LaPorte continued and discussed transportation system sustainability. He said the City has 320 miles of streets, 200 miles of sidewalks, and 200 signals. Key endeavors, he explained, are to implement B&O projects after Council approval, determine additional funding sources for deteriorated streets and possibly set up a franchise fee on the solid waste utility. He discussed developing a comprehensive policy regarding street trees in conjunction with road and sidewalk rehabilitation. Initial areas to address, he stated, would be James Street (hill), West Meeker Street, North Central Avenue, and South Central Avenue. Brubaker summarized about the city's debt and staffing needs. He stated that the City has more needs than revenues. He said that within three to four years things should start looking better and it will be very difficult to address all of these needs. B&O Proiect List - Tim LaPorte, Public Works Director discussed the B&O Project list. He noted that staff needs direction in the winter to get going with the projects in the spring. He stated that the remaining B&O funds are $5.8 million and if Council moves forward with the proposed project there will be $4 million available to be used. He stated that the list was shown to the Public Works Committee. He highlighted some of the in-house projects that were done in 2013, such as West James Street, 4th Avenue South, and 64th Avenue South. He reviewed the projects that staff has identified as being able to be done in house this summer and communicated that sidewalk projects equal about $75,000. Those projects would include upgrading wheelchair locations for ADA requirements. He discussed asphalt replacements that are needed to be done on E. Gowe Street on March 1 if the Council approves. Councilmember Berrios inquired if the trees that have been removed and have caused damage are going to be replaced. Brubaker confirmed that the trees that were chosen were the issue and due diligence will be done to have the right tree placed in the right location. LaPorte communicated the list of sidewalk projects that were chosen by staff and sidewalk work can be done year-round. Councilmember Berrios confirmed that some of the sidewalk work would need to be contracted out. However, if it is smaller work it could be done in house. LaPorte added that the ADA work is done in-house. LaPorte communicated that striping needs to be done every year through a contract with King County and that the City is in the middle of replacing all of the signs with the Federal standard. LaPorte continued and discussed guardrails and added that they also need to be paid for or replaced due to accidents. He noted that they run about $20,000 per year. Chad Bieren, Assistant Public Works Manager added that the $20,000 is a part of the expenditure on the consent calendar today. 3 Kent City Council Workshop Minutes February 18, 2014 Councilmember Boyce discussed the temporary sign workers and inquired if kids can do the work during the summer months and LaPorte communicated that they had to be 18 years or older. LaPorte noted that there are 16 street lights on Benson that aren't connected to the City's system, because during the Panther Lake annexation they weren't released by King County. Additionally, the inclusion of the interconnection system and cameras on Canyon Drive would be a significant improvement to the system. He added that it would be a backbone to a future system allowing people to see Kent traffic online. He noted that the cost of this would be $100,000 and having a UPS backup system to the signal lights would be $75,000. The loops need to be maintained because they fall apart when the sidewalks fail, he said. He discussed the Neighborhood Traffic Calming Progam, traffic studies, speed humps, and traffic circles. Councilmember Berrios discussed the striping and verified that $200,000 is for striping and reflectorization of streets in the City. He added that there was striping done in September 2013. Councilmember Boyce communicated that this is a very good list and communicating this to businesses and showing them where their funds are being used is good. Councilmember Ranniger communicated that she felt the list was balanced and doesn't want to recommend cutting an entire area, like removing all sidewalks or any geographical area of projects. LaPorte explained that the worst area is North Central Avenue from Smith to James Streets. Thompson added that that area is slated to be reconstructed. Clarification came from Chad Bieren, City Engineer that the southern section of North Central Avenue was worked on by the state. Councilmember Berrios agreed with Ranniger and said the critical sections need to be looked at and that the business community believes the streets only will be repaired, not sidewalks, etc. He said the City needs to be clear on their communication in the future. LaPorte communicated that a plan for tree replacement will need to be brought to the Parks and Human Services Committee and these projects need to be done all at once. He also stated that a plan for determining what trees will be replaced with concrete will need to be developed. LaPorte communicated that Councilmember Higgins wanted the Council to add guardrail to this list. Council President Ralph inquired if a wood guardrail could be used instead of metal and verified that a part of the analysis will be what materials should be used. Brubaker suggested, that LaPorte and his group review the numbers and bring them back to the Council. 4 Kent City Council Workshop Minutes February 18, 2014 LaPorte confirmed with Councilmember Berrios that none of the projects include concrete, however, there are very good candidates for it. He stated that a new asphalt street is only good for 12 years. Brubaker suggested a discussion at the retreat on what to be done on this. Council President Ralph communicated that either the City needs to fully rebuild North Central Avenue or provide a temporary fix Councilmember Berrios confirmed that LaPorte would come back with a suggestion for North Central Avenue from James to Smith. Furthermore, he wants to know what the B&O fund estimates are in the future. Brubaker repled that in a good year $5.5 million per year will be derived from the B&O tax. Council President Ralph added that there is a possiblility of $3.1 million coming from the proposed King County Transportation Benefit District. Mayor Cooke pointed out that the $300,000 set aside for the auditors isn't sufficient and the staff costs for the administration will be more. Mayor Cooke communicated that the correct amount won't be determined until it goes to the Committee. Brubaker communicated that in 2013 the $300,000 was underspent, but in Customer Service they are having to respond to a quantity of phone calls and getting the B&O system running properly has turned into a heavy burden for Robert Goerhering, the head auditor. The meeting adjourned at 6:36 p.m. Ronald F. Moore, MMC City Clerk 5 This page intentionally left blank. KENT Kent City Council Meeting February 18, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Ralph, and Ranniger. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Ralph removed item 7D, Legislative Update and added Consent Calendar Items I and J, excused absence of Councilmember Higgins and excused absence of Councilmember Thomas. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. None. B. Community Events. Councilmember Ranniger announced the Kids' Art Day event on March 1 at the Kent Commons. C. Introduction of Human Service Commission Reappointees, Mike Heinisch, Bill Hallerman and Wade Schwartz. Mayor Cooke announced the reappointments to the Human Service Commission. Mike Heinisch and Bill Hallerman were absent. Wade Schwartz stated he has been on the commission for the past two years. D. Legislative Update. Removed from the agenda. E. Economic and Community Development Report - Ben Wolters, Economic and Development Director noted that there were over 4,000 permit applications issued in 2013 with a value of over $154 million dollars in building valuation. He stated that there have been $10 million in permits issued in January this year. He communicated there is significant potential for development in 2014 to increase REET and sales tax returns. He stated that aerospace is a large part of the city's growth. He noted that housing growth has also increased with 1,000 homes being built over the past five years. Additionally, there are thirty new plat applications going on now, concluding that Trader Joe's is here and is scheduled to open in October 2014. Kurt Hanson, Economic and Development Manager discussed how the City tells its' story to the marketplace. He communicated about Trader Joe's opening up at the Marketplace in Kent Meridian. He discussed how retail will be attracted to Kent in the future and noted that the work done to locate a Trader Joe's in Kent will be used as a case study going forward. Hanson discussed grocery store vacancies in the future and the reduction in size of grocery stores. However, he noted that grocery sales are estimated to go up 13 percent. Therefore, there is opportunity for a new grocer here, especially since Top Foods vacated their lease on East Hill. He noted that he and Ben will be working on this in the next twelve months. He discussed The Platform and the excitement that is being generated in this development and that Airways Brewing has a plan related to that project. He reviewed some of the amenities involved in the Kent City Council Minutes February 18, 2014 project. He discussed the Meeker Street Revitalization Project to spur on investment in that area and that it will be going to the Economic and Development Committee in the next few months. Mayor Cooke verified that Josh Hall is leaving the City and taking a position with the City of Seattle Human Service Division. F. Public Safety Report. Ken Thomas, Police Chief communicated that vehicle prowls are higher this month and auto theft is slightly going up. He said that he has recalled one of his officers from the King County Task Force to work the City of Kent theft cases. He continued and noted that robberies have bounced up a little in the statistics, but have reduced over the past two weeks. He stated that commerical and residential burglaries continue to go down. Council President Ralph communicated that there is a Community Meeting hosted by Police Chief Thomas on March 13 and he explained what topics would be discussed at the meeting. Mayor Cooke suggested having police statistics concerning if the suspects are repeat suspects, if they are tied to more than one crime, and if they are from Kent. Thomas repled that he would get that information to the Council at the next meeting. Councilmember Berrios communicated that the arrest information should be tied to the crimes for each month. He said it would be good to see how many arrests go along with the offenses. G. Council Appointment Process Update. Council President Ralph communicated that there is was a special Council meeting for reviewing the thirty-eight applicants. She stated that the interview process will take place next Tuesday and the Council will have an Executive Session and hopefully name the next Councilmember that evening. H. Intergovernmental Reports. Council President Ralph attended the WRIA-9 Watershed meeting and the highlights were that Colonel Bruce Estok, Commander of the U.S. Army Corps of Engineers gave an overview of the projects going on at the Boeing Levee. She added that there was conversation concerning stormwater and what cities can do to continue preventing runoff and make the project better. She also communicated that there was a South County Area Transportation Board meeting and 2040 transportation was discussed and there would be some federal dollars coming and work on creating a list to obtain some of those funds. Councilmember Boyce said the Water Quality District meeting was cancelled and will be held next month. He noted that he attended the Sound Cities Association meeting and the 60/40 proposal was adopted. He noted that since the Council took a neutral position he had to recuse himself from the vote. PUBLIC HEARINGS None. 2 Kent City Council Minutes February 18, 2014 PUBLIC COMMENT 1. Danny Miller, Kent - Miller stated that he is here on behalf of his daughter. He communicated that he contacted the police and was told that his daughter had to park three blocks away from her home. He said there should be parking permits or a zoned parking area. Mayor Cooke communicated that this issue has been brought to light and there is a parking study going on right now. 2. R.C. Sample, Kent - Sample stated that he tried to speak to the Council last week and it is a shame that citizens have to speak to the media to get the Council to respond. He said that the committee to "Save the Par 3" has a meeting scheduled with Councilmember Higgins and Jeff Watling. Councilmember Boyce thanked Sample for coming. He said the Council takes public comment seriously and added that no decision has been made. Council President Ralph communicated that she takes this part of the meeting seriously and is greatful for what Sample has done with Veteran's Drive and what he is doing with Par 3. 3. Richard Wilkinson, Kent - Wilkinson communicated that the City will miss Josh Hall and he has been an asset to the City. He noted that he was surprised when Bailey Stober wasn't chosen as one of the candidates to move forward in the Council vacancy interview process. He added that Bailey received 46% of the vote for Position #6 and the Council ignored this. He wants the Council to reconsider how the process is being done. He stated that Councilmember Boyce communicated in the last meeting that the Council is following the process of the state and felt his vote as a resident has been ignored. He inquired if there will ever be a "Meet your Council" type of process in the future. Pat Fitzpatrick, Acting City Attorney communicated that state law doesn't prescribe any specific process. He communicated that in both of the previous processes when a councilmember vacancy occurred it was done this way. He added that the process was deliberative and publicly noticed in several manners. 1. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through J, seconded by Councilmember Boyce. A. Minutes of the workshop and regular Council meeting of February 4th 2014 and special meeting of February 11, 2014, The minutes of the workshop and regular Council meeting of February 4, 2014 and special meeting of February 11, 2014 were approved. 3 Kent City Council Minutes February 18, 2014 B. Public Disclosure Administrator Position — Approve. The Mayor was authorized to add a Public Disclosure Administrator position to the City Clerk's Office, including a budget adjustment of $11,408, and freeze the position of Deputy City Clerk until further notice. C. Ordinance changing Council Workshop meeting time - Adopt. The Council adopted Ordinance No. 4104 , amending Section 2.01.020 of the Kent City Code to change the Council workshop meeting time to 5:00 p.m. on all regular Council meeting days except when the regular Council meeting occurs at 5:00 p.m. D. Emergency guardrail repair service contract with Peterson Brothers, Inc. — Authorized. The Mayor was authorized to sign a service agreement with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Lab sampling agreement with Am Test, Inc. — Approved. The Mayor was authorized to sign a Goods and Services Agreement with Am Test, Inc. for coliform sampling and testing in an amount not to exceed $43,392.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. East Hill Well Motor Control Center & Generator upgrade proiect completion — Accept. The Mayor was authorized to accept the East Hill Well Motor Control Center & Generator Upgrades Project as complete and release retainage to Gary Harper Construction, Inc., upon receipt of standard releases from the state and the release of any liens. G. Zoning code landscape provision amendment ordinance — Adopted. The Council adopted Ordinance No. 4105, amending Section 15.07.060 of the Kent City Code to correct an error in Ordinance No. 4074. H. Reappointments to Human Services Commission — Confirmed. The Council confirmed Mayor Cooke's reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms. OTHER BUSINESS A. None. BIDS REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph noted that the Top Issues from the Parks, Recreation and Cultural Services and Public Works was discussed. She added that the B&O Project list was also discussed during the workshop. She highlighted that this would be brought to the Council at the first meeting in March. 4 Kent City Council Minutes February 18, 2014 B. Mayor. Mayor Cooke communicated that she has expressed her opinion on the liquor control board marijuana process as the Mayor which the Council hasn't taken a position on. She noted that she testified in Olympia that a portion of the taxes from marijuana sales be distributed to cities. She reaffirmed that the position she has taken is that of the Mayor and not as the Council. Mayor Cooke also stated that she, as the Mayor, also has verbally supported the King County establishment of a Transportation Benefit District. Mayor Cooke brought up Councilmember Boyce's previous comment in that he had to recuse himself from the vote at the Sound Cities Association on this issue because the Council put forth a neutral vote. She urged the Council to move forward on these issues and look at the alternatives. Mayor Cooke continued and discussed cooperation between the departments, to include the collaboration between Public Works and the Parks Department working on street maintenance, parks areas, levees, and other projects in the City. She also noted that the police are delving into what needs to be done in order to reduce crime. She also stated that the staff is moving forward with its RESPECT training. C. Administration. No report. D. Economic & Community Development Committee. Councilmember Boyce stated that the report is in the minutes. E. Operations Committee. Councilmember Boyce communicated that the B&O Tax is going into its second year and the process of omitting non-profits in the future was discussed. F. Parks and Human Services Committee. Councilmember Ranniger stated that the next Parks and Human Services meeting is February 20 at 5:00 p.m. G. Public Safety Committee. No report. H. Public Works Committee. Council President Ralph communicated that the next Public Works Committee meeting is on February 24th and they will be reviewing the B&O project list. I. Regional Fire Authority. No report. Councilmember Boyce communicated that there was a Lodging Tax Advisory Board meeting and the branding effort the City will be going through was discussed. He noted the meetings will be February 24 and 25, and a report out by the consultant on February 26. EXECUTIVE SESSION No executive session. ACTION AFTER EXECUTIVE SESSION Mayor Cooke introduced Austin England, a Boy Scout. 5 Kent City Council Minutes February 18, 2014 England stated that he has never been to a Council meeting and would like to attend future meetings. He stated it is interesting to hear all the discussion on items that go through the Council. ADJOURNMENT The meeting adjourned at 8:07 p.m. Ronald F. Moore, MMC City Clerk 6 KENT Kent City Council Special Meeting February 25, 2014 The special meeting of the Kent City Council was called to order at 6:01 p.m. by Council President Ralph. Councilmembers present: Higgins, Berrios, Boyce, Ranniger, and Thomas. Mayor Suzette Cooke was excused from the meeting. CHANGES TO THE AGENDA A. Ooenina Remarks. Council President Ralph discussed the appointment process. B. Individual Interviews of Council Candidates. Tom Brubaker, Interim Chief Administrative Officer took the seven candidates into the lobby and determined what the order of interviews would be through a straw poll. Brubaker entered the Chamber and announced the candidates would be interviewed in the following order: Sarah Veele, Jed Aldridge, Barbara Phillips, Debra Raplee, David Wade Schwartz, Brenda Fincher, and Christine Budell. Each candidate responded to the same five questions posed by the Council and any follow-up questions that were presented. EXECUTIVE SESSION At 7:33 p.m., Council President Ralph announced that the Council would recess into an Executive Session for thirty minutes to discuss the qualifications of a candidate for appointment to elective office, as per RCW 42.30.110(1)(h). At 8:03 p.m., Council President Ralph extended the Executive Session for an additional twenty-five minutes. At 8:23 p.m., the Executive Session concluded and Council President Ralph reconvened the special meeting. ACTION AFTER EXECUTIVE SESSION Councilmember Higgins thanked the Council for a respectful, thorough, and well run process. He said it is a shame because of the time spent on the applications and preparing for this opportunity that all the thirty-eight applicants can't be chosen. However, he urged all of the applicants to stay involved in city government. Whether it is a compliment or complaint, he urged the residents to call or write the Council, come to the meetings and make public comment, get involved with the Neighborhood Councils, write a letter to the Kent Reporter, or start a blog. He noted that all of the applicants are needed and urged them to stay involved. He appreciated all of the applicants efforts. Council President Ralph echoed Councilmember Higgins' comments and said it was exciting to see the number of applicants for this position. She said this was a very Kent City Council Special Meeting February 25, 2014 talented pool and thanked the applicants for going through this for the benefit of the community. Councilmember Thomas moved to appoint Brenda Fincher to fill vacant Council Position No. 6, seconded by Councilmember Higgins. Motion carried 6- 0. Council President Ralph communicated that Councilmember Fincher was assigned to the Public Works Committee and the Parks and Human Services Committee which meets on Monday at 4:00 p.m. ADJOURNMENT The meeting adjourned at 8:31 p.m. Ronald F. Moore, MMC City Clerk KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: March 4, 2014 SUBJECT: Excused Absence for Councilmember Berrios - Approve MOTION: Approve an excused absence for Councilmember Berrios who is unable to attend the March 4, 2014 Council meeting. SUMMARY: None EXHIBITS: None RECOMMENDED BY: Council President Ralph BUDGET IMPACTS: None This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: March 4, 2014 SUBJECT: B&O Tax Exemptions and Deductions Ordinance - Adopt MOTION: Adopt Ordinance No. , 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. SUMMARY: The City's business & occupation tax was effective January 1, 2013. The Association of Washington Cities (AWC) drafted both the model ordinance and the model ordinance guidelines, containing numerous exemptions and deductions that are optional for cities imposing a B&O tax. While not mandatory, a number of Washington cities imposing B&O taxes have adopted several of the same optional deductions and exemptions that the city of Kent has not. The Finance Department has found that this lack of uniformity has led to confusion and incorrect reporting for some taxpayers who pay B&O tax in Kent and in other jurisdictions. Now that the City and local taxpayers have had a year's worth of experience with the City's B&O tax, the Finance Department recommends that the City adopt certain of the optional deductions and exemptions as set forth in the AWC model ordinance guidelines to ensure that the City's tax is more fairly, equitably, consistently, and efficiently administered. Exemptions and deductions both result in a decrease in taxable B&O gross receipts; however, organizations are not required to report exemptions. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph, Boyce, Thomas NAY: BUDGET IMPACTS: Depends on the extent of additional activities eligible for exemption or deduction from the City's B&O tax. The Finance Department expects the financial impact to be relatively minimal. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.28 of the Kent City Code, pertaining to the business and occupation tax, to adopt further exemptions and deductions and to clarify a portion of the square footage tax component. RECITALS A. On November 20, 2012, the City Council passed Ordinance No. 4054, adopting a business and occupation (B&O) tax that included both a gross receipts component and a square footage component. That ordinance went into effect beginning January 1, 2013. B. Chapter 35.102 RCW required that the City implement its B&O tax based on a model ordinance that contained mandatory provisions applicable to all Washington cities. C. RCW 35.102.040(3) provides that except for certain deductions and exemptions prescribed in Chapter 35.102 RCW and the model ordinance, a city may adopt its own provisions for tax credits, tax exemptions and tax deductions. 1 Amend Chapter 3.28 KCC Ordinance D. The Association of Washington Cities (AWC) drafted both the model ordinance and the model ordinance guidelines, containing numerous exemptions and deductions that are optional for cities imposing a B&O tax. While not mandatory, a number of Washington cities imposing B&O taxes have all adopted several of the same optional deductions and exemptions that the city of Kent has not. The Finance Department has found that this lack of uniformity has led to confusion and incorrect reporting for some taxpayers who pay B&O tax in both Kent and in other jurisdictions. E. One of the most important considerations in setting and implementing tax policy is to strive for fairness, consistency, equity, and efficiency. F. Now that the City and local taxpayers have had a year's worth of experience with the City's B&O tax, the Finance Department recommends that the City adopt certain of the optional deductions and exemptions as set forth in the AWC model ordinance guidelines to ensure that the City's tax is more fairly, equitably, consistently, and efficiently administered. G. The City wishes to also amend a portion of the square footage tax component to clarify correct reporting requirements based on state law governing the taxability of certain rental income, and to include a new definition, "Artistic or cultural organization," to support one of the recommended deductions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Amend Chapter 3.28 KCC Ordinance ORDINANCE SECTION 1. Amendment. Section 3.28.030 of the Kent City Code, is hereby amended as follows: Sec. 3.28.030 Definitions. In construing the provisions of this chapter, the following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. A. Advance, reimbursement. 1. Advance means money or credits received by a taxpayer from a customer or client with which the taxpayer is to pay costs or fees on behalf of the customer or client. 2. Reimbursement means money or credits received from a customer or client to repay the taxpayer for money or credits expended by the taxpayer in payment of costs or fees of the customer or client. B. Agricultural product, farmer. 1. Agricultural product means any product of plant cultivation or animal husbandry including, but not limited to: a product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15.85.020; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.85.020, or a bird, or insect, or the 3 Amend Chapter 3.28 KCC Ordinance substances obtained from such an animal. "Agricultural product" does not include animals intended to be pets. 2. Farmer means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption. "Farmer" does not include a person selling any animal or substance obtained therefrom in connection with the person's business of operating a stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber. C. "Artistic or cultural organization". As used in this chapter: 1. The term "artistic or cultural organization" means an organization which is organized and operated exclusively for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs, as defined in subsection (10) of this section, for viewing or attendance by the general public. 2. The organization must be a not-for-profit corporation under chapter 24.03 RCW. 3. The organization must be managed by a governing board of not less than eight (8) individuals none of whom is a paid employee of the organization or by a corporation sole under chapter 24.12 RCW. 4. No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws. 4 Amend Chapter 3.28 KCC Ordinance 5. Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels comparable to the salary or compensation of like positions within the state. 6. Assets of the corporation must be irrevocably dedicated to the activities for which the exemption is granted and, on the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of any member or individual except a non-profit organization, association, or corporation which also would be entitled to the exemption. 7. The corporation must be duly licensed or certified when licensing or certification is required by law or regulation. S. The amounts received that qualify for exemption must be used for the activities for which the exemption is granted. 9. Services must be available regardless of race, color, national origin, ancestry, religion, age sex, marital status, sexual orientation, Vietnam or disabled veteran status, or the presence of any mental or physical disability, 10. The term "artistic or cultural exhibitions, presentations, or performances or cultural or art education programs" is limited to: a. An exhibition or presentation of works of art or objects of cultural or historical significance, such as those commonly displayed in art or history museums; b. A musical or dramatic performance or series of performances; or C. An educational seminar or program, or series of such programs, offered by the organization to the general public on an artistic, cultural, or historical subiect. 5 Amend Chapter 3.28 KCC Ordinance GD. Business includes all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly. BE. Business and occupation tax or gross receipts tax means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be, and that is the legal liability of the business. EF. Commercial or industrial use means the following uses of products, including byproducts, by the extractor or manufacturer thereof: 1. Any use as a consumer; and 2. The manufacturing of articles, substances, or commodities. FG. Competitive telephone service means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. GH. Consumer means the following: 1. Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal property irrespective of the nature of the person's business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, 6 Amend Chapter 3.28 KCC Ordinance or decorate real or personal property of or for a consumer other than for the purpose of: a. Resale as tangible or intangible personal property in the regular course of business; b. Incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers; C. Incorporating such property as an ingredient or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new product; or d. Consuming the property in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; 2. Any person engaged in any business activity taxable under KCC 3.28.050(A)(7); 3. Any person who purchases, acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of business; 7 Amend Chapter 3.28 KCC Ordinance 4. Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in this section, other than for resale in the regular course of business; 5. Any person who is an end user of software; 6. Any person engaged in the business of "public road construction" in respect to tangible personal property when that person incorporates the tangible personal property as an ingredient or component of a publicly owned street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing, or spreading the property in or upon the right-of-way of a publicly owned street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a publicly owned mass public transportation terminal or parking facility; 7. Any person who is an owner, lessee, or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business; S. Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business; 9. Any person engaged in "government contracting." Any such person shall be a consumer within the meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person. 8 Amend Chapter 3.28 KCC Ordinance Nothing contained in this or any other subsection of this section shall be construed to modify any other definition of "consumer." ++I. Delivery means the transfer of possession of tangible personal property between the seller and the buyer or the buyer's representative. Delivery to an employee of a buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer's representative first takes physical control of the property or exercises dominion and control over the property. Dominion and control means the buyer has the ability to put the property to the buyer's own purposes. It means the buyer or the buyer's representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a warranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself. A buyer's representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping company nor a seller can serve as a buyer's representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (RCW Title 62A) do not determine when or where delivery of tangible personal property occurs for purposes of taxation. B. Director means the finance director of the city or any officer, agent or employee of the city designated to act on the director's behalf. 9 Amend Chapter 3.28 KCC Ordinance 3K. Digital automated service, digital code, and digital goods have the same meaning as in RCW 82.04.192. KL. Digital products means digital goods, digital codes, digital automated services, and the services described in RCW 82.04.050(2)(g) and (6)(b). L.M. Eligible gross receipts tax. The term "eligible gross receipts tax" means a tax which: 1. Is imposed on the act or privilege of engaging in business activities within KCC 3.28.050; and 2. Is measured by the gross volume of business, in terms of gross receipts, and is not an income tax or value added tax; and 3. Is not, pursuant to law or custom, separately stated from the sales price; and 4. Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of property, property right, or a privilege; and 5. Is a tax imposed by a local jurisdiction, whether within or without the state of Washington, and not by a country, state, province, or any other nonlocal jurisdiction above the county level. MN. Engaging in business. 10 Amend Chapter 3.28 KCC Ordinance 1. The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. 2. This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to register and obtain a business license or pay city business and occupation taxes. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection fK)M(1) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. 3. Without being all inclusive, any one (1) of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker, or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license: a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city. C. Soliciting sales. 11 Amend Chapter 3.28 KCC Ordinance d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services, on or in connection with tangible personal property sold by the person or on its behalf. f. Installing, constructing, or supervising installation or construction of real or tangible personal property. g. Soliciting, negotiating, or approving franchise, license, or other similar agreements. h. Collecting current or delinquent accounts. i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports 12 Amend Chapter 3.28 KCC Ordinance organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, and veterinarians. I. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. M. Training or recruiting agents, representatives, independent contractors, brokers, or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. n. Investigating, resolving, or otherwise assisting in resolving customer complaints. o. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. P. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. q. Accepting or executing a contract with the city, irrespective of whether goods or services are delivered within or without the city, or whether the person's office or place of business is within or without the city. 4. If a person, or its employee, agent, representative, independent contractor, broker, or another acting on the person's behalf, 13 Amend Chapter 3.28 KCC Ordinance engages in no other activities in or with the city but the following, it need not register and obtain a business license and pay tax: a. Meeting with suppliers of goods and services as a customer. b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. C. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings, wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business, such as a member of a board of directors who attends a board meeting. d. Renting tangible or intangible property as a customer when the property is not used in the city. e. Attending but not participating in a "trade show" or ,'multiple vendor events." Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. f. Conducting advertising through the mail. g. Soliciting sales by phone from a location outside the city. 14 Amend Chapter 3.28 KCC Ordinance 5. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection kf+)u(4) of this section. 6. The city expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. 440. Extracting is the activity engaged in by an extractor and is reportable under the extracting classification. OP. Extractor means every person who from the person's own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes, or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral, or other natural resource product; or fells, cuts, or takes timber, Christmas trees, other than plantation Christmas trees, or other natural products; or takes fish, shellfish, or other sea or inland water foods or products. "Extractor" does not include persons performing under contract the necessary labor or mechanical services for others, or persons meeting the definition of "farmer." PQ. Extractor for hire means a person who performs under contract necessary labor or mechanical services for an extractor. 15 Amend Chapter 3.28 KCC Ordinance QR. Gross income of the business means the value proceeding or accruing by reason of the transaction of the business engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. RS. Gross proceeds of sales means the value proceeding or accruing from the sale of tangible personal property, digital goods, digital codes, digital automated services, or for other services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. ST. Manufacturing means the activity conducted by a manufacturer and is reported under the manufacturing classification. TU. Manufacturer, to manufacture. 1. Manufacturer means every person who, either directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale or for commercial or industrial use from the person's own materials or ingredients any products. When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, 16 Amend Chapter 3.28 KCC Ordinance materials or ingredients equal to less than twenty (20) percent of the total value of all materials or ingredients that become a part of the finished product, the owner of the equipment or facilities will be deemed to be a processor for hire, and not a manufacturer. A business not located in this city that is the owner of materials or ingredients processed for it in this city by a processor for hire shall be deemed to be engaged in business as a manufacturer in this city. 2. To manufacture means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as a result thereof a new, different or useful product is produced for sale or commercial or industrial use, and shall include: a. The production of special made or custom made articles; b. The production of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; C. Crushing and/or blending of rock, sand, stone, gravel, or ore; and d. The producing of articles for sale, or for commercial or industrial use, from raw materials or prepared materials by giving such materials, articles, and substances of trade or commerce new forms, qualities, properties, or combinations including, but not limited to, such activities as making, fabricating, processing, refining, mixing, slaughtering, 17 Amend Chapter 3.28 KCC Ordinance packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and vegetables. "To manufacture" shall not include the production of digital goods or the production of computer software if the computer software is delivered from the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. 13V. Newspaper means a publication offered for sale regularly at stated intervals at least once a week and printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind. Magazine or periodical means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three (3) months, including any supplement or special edition of the publication. Any publication meeting this definition qualifies regardless of its content. VFW. Nonprofit corporation or nonprofit organization means a corporation or organization in which no part of the income can be distributed to its members, directors, or officers and that holds a current tax exempt status as provided under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, or is specifically exempted from the requirement to apply for its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended. Where the term "nonprofit organization" is used, it is meant to include a nonprofit corporation. 18 Amend Chapter 3.28 KCC Ordinance WX. Office or place of business means a fixed location or permanent facility where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal dominion and control. The regular business of the person is presumed conducted at a location: 1. Whose address the person uses as its business mailing address; 2. Where the place of primary use is shown on a telephone billing or a location containing a telephone line listed in a public telephone directory or other similar publication under the business name; 3. Where the person holds itself out to the general public as conducting its regular business through signage or other means; and 4. Where the person is required to obtain any appropriate state and local business license or registration unless they are exempted by law from such requirement. A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an office or place of business. A post office box is not an office or place of business. If a person has an office or place of business, the person's home is not an office or place of business unless it meets the criteria for office or place of business above. If a person has no office or place of business, the person's home or apartment within the city will be deemed the place of business. 19 Amend Chapter 3.28 KCC Ordinance XY. Person means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the state of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, and the United States or any instrumentality thereof. YZ. Processing for hire means the performance of labor and mechanical services upon materials or ingredients belonging to others so that as a result a new, different, or useful product is produced for sale, or commercial or industrial use. A processor for hire is any person who would be a manufacturer if that person were performing the labor and mechanical services upon that person's own materials or ingredients. If a person furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to twenty (20) percent or more of the total value of all materials or ingredients that become a part of the finished product, the person will be deemed to be a manufacturer and not a processor for hire. ZAA. Product means tangible personal property, including articles, substances, or commodities created, brought forth, extracted, or manufactured by human or mechanical effort. Byproduct means any additional product, other than the principal or intended product, which results from extracting or manufacturing activities and which has a market value without regard to whether or not such additional product was an expected or intended result of the extracting or manufacturing activities. 20 Amend Chapter 3.28 KCC Ordinance AABB. Retailing means the activity of engaging in making sales at retail and is reported under the retailing classification. SBCC.Retai/ service shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities: 1. Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, swimming, bungee jumping, ski lifts and tows, basketball, racquet ball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and others, when provided to consumers. "Amusement and recreation services" also includes the provision of related facilities such as basketball courts, tennis courts, handball courts, swimming pools, and charges made for providing the opportunity to dance. The term "amusement and recreation services" does not include instructional lessons to learn a particular activity such as tennis lessons, swimming lessons, or archery lessons; 2. Abstract, title insurance, and escrow services; 3. Credit bureau services; 4. Automobile parking and storage garage services; 5. Landscape maintenance and horticultural services but excluding (a) horticultural services provided to farmers and (b) pruning, trimming, repairing, removing, and clearing of trees and brush near 21 Amend Chapter 3.28 KCC Ordinance electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility; 6. Service charges associated with tickets to professional sporting events; and 7. The following personal services: physical fitness services, tanning salon services, tattoo parlor services, steam bath services, Turkish bath services, escort services, and dating services. S. The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator. CC-DD. Sale, casual or isolated sale. 1. Sale means any transfer of the ownership of, title to, or possession of property for a valuable consideration and includes any activity classified as a "sale at retail," "retail sale," or "retail service." It includes renting or leasing, conditional sale contracts, leases with option to purchase, and any contract under which possession of the property is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price. It also includes the furnishing of food, drink, or meals for compensation whether consumed upon the premises or not. 2. Casual or isolated sale means a sale made by a person who is not engaged in the business of selling the type of property involved on a routine or continuous basis. 22 Amend Chapter 3.28 KCC Ordinance &DEE.Sale at retail, retail sale. 1. Sale at retail or retail sale means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who: a. Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or b. Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or C. Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or d. Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is 23 Amend Chapter 3.28 KCC Ordinance to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or e. Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in subsection {BB) EE (1)(a), (b), (c), (d), or (e) of this section following such use; or f. Purchases for the purpose of satisfying the person's obligations under an extended warranty as defined in subsection {BB} EE (7) of this section, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person. 2. "Sale at retail" or "retail sale" also means every sale of tangible personal property to persons engaged in any business activity which is taxable under KCC 3.28.050(A)(7). 3. "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: a. The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin-operated laundry facilities when such facilities are situated in an apartment house, rooming house, or 24 Amend Chapter 3.28 KCC Ordinance mobile home park for the exclusive use of the tenants thereof, and also excluding sales of laundry service to nonprofit health care facilities, and excluding services rendered in respect to live animals, birds, and insects; b. The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture; C. The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; d. The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing, or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes, and upholstery. The term "janitorial 25 Amend Chapter 3.28 KCC Ordinance services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal, or sandblasting; e. The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under Chapter 82.16 RCW; f. The sale of and charge made for the furnishing of lodging and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one (1) month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for a continuous period of one (1) month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; g. The installing, repairing, altering, or improving of digital goods for consumers; h. The sale of or charge made for tangible personal property, labor, and services to persons taxable under subsections {BB) EE (3)(a), (b), (c), (d), (e), (f), and (g) of this section when such sales or charges are for property, labor, and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor, and services may be resold after such use or consumption. 26 Amend Chapter 3.28 KCC Ordinance Nothing contained in this subsection shall be construed to modify subsection fDD} EE (1) of this section and nothing contained in subsection flD) EE (1) of this section shall be construed to modify this subsection. 4. "Sale at retail" or "retail sale" shall also include the providing of competitive telephone service to consumers. 5.a. "Sale at retail" or "retail sale" shall also include the sale of prewritten software other than a sale to a person who presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user. For purposes of this subsection fD-a) EE (5)(a) the sale of prewritten computer software includes the sale of or charge made for a key or an enabling or activation code, where the key or code is required to activate prewritten computer software and put the software into use. There is no separate sale of the key or code from the prewritten computer software, regardless of how the sale may be characterized by the vendor or by the purchaser. The term "sale at retail" or "retail sale" does not include the sale of or charge made for: i. Custom software; or ii. The customization of prewritten software. b.i. The term also includes the charge made to consumers for the right to access and use prewritten computer software, where possession of the software is maintained by the seller or a third party, regardless of whether the charge for the service is on a per use, per user, per license, subscription, or some other basis. 27 Amend Chapter 3.28 KCC Ordinance ii.(A) The service described in subsection {BB) EE (5)(b)(i) of this section includes the right to access and use prewritten software to perform data processing. (B) For purposes of this subsection {D6) EE (5)(b)(ii) data processing means the systematic performance of operations on data to extract the required information in an appropriate form or to convert the data to usable information. Data processing includes check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. 6. "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state, the state of Washington, or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind. 7. "Sale at retail" or "retail sale" shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, extended warranty means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term "extended warranty" does not include an agreement, otherwise meeting the definition of "extended warranty" in this subsection, if no 28 Amend Chapter 3.28 KCC Ordinance separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement. S. "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to Chapter 35.82 RCW, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. 9. "Sale at retail" or "retail sale" shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development. 10. "Sale at retail" or "retail sale" shall not include the sale of or charge made for labor and services rendered for environmental remedial action. 11. "Sale at retail" or "retail sale" shall also include the following sales to consumers of digital goods, digital codes, and digital automated services: 29 Amend Chapter 3.28 KCC Ordinance a. Sales in which the seller has granted the purchaser the right of permanent use; b. Sales in which the seller has granted the purchaser a right of use that is less than permanent; C. Sales in which the purchaser is not obligated to make continued payment as a condition of the sale; and d. Sales in which the purchaser is obligated to make continued payment as a condition of the sale. A retail sale of digital goods, digital codes, or digital automated services under this subsection kDD} EE (11) includes any services provided by the seller exclusively in connection with the digital goods, digital codes, or digital automated services, whether or not a separate charge is made for such services. For purposes of this subsection, permanent means perpetual or for an indefinite or unspecified length of time. A right of permanent use is presumed to have been granted unless the agreement between the seller and the purchaser specifies or the circumstances surrounding the transaction suggest or indicate that the right to use terminates on the occurrence of a condition subsequent. 12. "Sale at retail' or "retail sale" shall also include the installing, repairing, altering, or improving of digital goods for consumers. EEFF. Sale at wholesale or wholesale sale means any sale of tangible personal property, digital goods, digital codes, digital automated services, 30 Amend Chapter 3.28 KCC Ordinance prewritten computer software, or services described in subsection {BB) EE (5)(b)(i) of this section which is not a retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property and retail services, if such charge is expressly defined as a retail sale or retail service when rendered to or for consumers. Sale at wholesale also includes the sale of telephone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715. FFGG. Services includes those activities that do not fall within one of the other tax classifications used by the city. GGHH. Software, prewritten software, custom software, customization of canned software, master copies, retained rights. 1. Prewritten software or canned software means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two (2) or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than such purchaser. Where a person modifies or enhances computer software of which such person is not the author or creator, the person shall be deemed to be the author or creator only of the person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer 31 Amend Chapter 3.28 KCC Ordinance software; however, where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for the modification or enhancement, the modification or enhancement shall not constitute prewritten computer software. 2. Custom software means software created for a single person. 3. Customization of canned software means any alteration, modification, or development of applications using or incorporating canned software to specific individualized requirements of a single person. Customization of canned software includes individualized configuration of software to work with other software and computer hardware but does not include routine installation. Customization of canned software does not change the underlying character or taxability of the original canned software. 4. Master copies of software means copies of software from which a software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license. The software encoded on a master copy and the media upon which the software resides are both ingredients of the master copy. 5. Retained rights means any and all rights, including intellectual property rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author, inventor, publisher, licensor, sublicensor, or distributor. 6. Software means any information, program, or routine, or any set of one (1) or more programs, routines, or collections of information, 32 Amend Chapter 3.28 KCC Ordinance used, or intended for use, to convey information that causes one (1) or more computers or pieces of computer-related peripheral equipment, or any combination thereof, to perform a task or set of tasks. "Software" includes the associated documentation, materials, or ingredients, regardless of the media upon which that documentation is provided, that describe the code and its use, operation, and maintenance and that typically are delivered with the code to the consumer. All software is classified as either canned or custom. H-HII. Taxpayer means any "person," as herein defined, required to have a business license under this chapter or liable for the collection of any tax or fee under this chapter, or who engages in any business or who performs any act for which a tax or fee is imposed by this chapter. 1433. Tuition fee includes library, laboratory, health service, and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution. Educational institution, as used in this section, means only those institutions created or generally accredited as such by the state and includes educational programs that such educational institution cosponsors with a nonprofit organization, as defined by the Internal Revenue Code Section 501(c)(3), as hereafter amended, if such educational institution grants college credit for coursework successfully completed through the educational program, or an approved branch campus of a foreign degree- granting institution in compliance with Chapter 28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85.010(3) and accredited by an accrediting association recognized by the United States Secretary of Education, and offering to students an educational program of a general academic nature 33 Amend Chapter 3.28 KCC Ordinance or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions. 33KK. Value proceeding or accruing means the consideration, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or which is actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer. IEKLL. Value of products. 1. The value of products, including byproducts, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof whether such sale is at wholesale or at retail, to which shall be added all subsidies and bonuses received from the purchaser or from any other person with respect to the extraction, manufacture, or sale of such products or byproducts by the seller. 2. Where such products, including byproducts, are extracted or manufactured for commercial or industrial use; and where such products, including byproducts, are shipped, transported or transferred out of the city, or to another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale; the value shall correspond as nearly as possible to the gross proceeds from sales in this state of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses 34 Amend Chapter 3.28 KCC Ordinance ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture, or sale of such products. In the absence of sales of similar products as a guide to value, such value may be determined upon a cost basis. In such cases, there shall be included every item of cost attributable to the particular article or article extracted or manufactured, including direct and indirect overhead costs. The director may prescribe rules for the purpose of ascertaining such values. 3. Notwithstanding subsection {KK} LL (2) of this section, the value of a product manufactured or produced for purposes of serving as a prototype for the development of a new or improved product shall correspond to: a. The retail selling price of such new or improved product when first offered for sale; or b. The value of materials incorporated into the prototype in cases in which the new or improved product is not offered for sale. L-LMM. Whoiesaiing means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification. SECTION 2. Amendment. Section 3.28.050 of the Kent City Code, is hereby amended as follows: Sec. 3.28.050. Imposition of the tax — Tax or fee levied. Except as provided in subsection (C) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the city, whether the person's 35 Amend Chapter 3.28 KCC Ordinance office or place of business be within or without the city. The tax shall be in amounts to be determined by application of rates against the gross proceeds of sale, gross income of business, or value of products, including byproducts, and by application of rates against the square footage of business office or facility space within the city, as the case may be, as follows: A. Gross receipts tax. 1. Upon every person engaging within the city in business as an extractor; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, extracted within the city for sale or for commercial or industrial use, multiplied by the rate of 0.152 hundredths of one percent (0.00152). The measure of the tax is the value of the products, including byproducts, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 2. Upon every person engaging within the city in business as a manufacturer, as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, manufactured within the city, multiplied by the rate of 0.046 hundredths of one percent (0.00046). The measure of the tax is the value of the products, including byproducts, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 3. Upon every person engaging within the city in the business of making sales at wholesale, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales 36 Amend Chapter 3.28 KCC Ordinance of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.152 hundredths of one percent (0.00152). 4. Upon every person engaging within the city in the business of making sales at retail, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business, without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.046 hundredths of one percent (0.00046). 5. Upon every person engaging within the city in the business of (a) printing, (b) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (c) publishing newspapers, magazines and periodicals, (d) extracting for hire, and (e) processing for hire; as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of 0.046 hundredths of one percent (0.00046). 6. Upon every person engaging within the city in the business of making sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of 0.152 hundredths of one percent (0.00152). 7. Upon every other person engaging within the city in any business activity other than or in addition to those enumerated in the above subsections; as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 0.152 hundredths of one percent (0.00152). This subsection includes, among others, and without limiting the scope hereof (whether or 37 Amend Chapter 3.28 KCC Ordinance not title to material used in the performance of such business passes to another by accession, merger, or other than by outright sale), persons engaged in the business of developing or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. B. Square footage tax. Upon every person who leases, owns, occupies, or otherwise maintains an office, warehouse, or other place of business within the city for purposes of engaging in business activities in the city, the tax shall be measured by the number of square feet of warehouse business floor space or other business floor space for each office, warehouse, or other place of business leased, owned, occupied, or otherwise maintained within the city during the reporting period, calculated to the nearest square foot. 1. Subject to the reductions established in subsection (13)(6) of this section, the amount of the tax due shall be equal to the sum of the number of square feet of business warehouse floor space for each business warehouse leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of three cents ($0.03) quarterly for each calendar year, and the number of square feet of other business floor space for each office or other place of business leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of one cent ($0.01) quarterly for each calendar year. 2. For purposes of this section, business warehouse means a building or structure, or any part thereof, in which goods, wares, merchandise, or commodities are received or stored, whether or not for compensation, in furtherance of engaging in business. 38 Amend Chapter 3.28 KCC Ordinance 3. For purposes of this section, other business floor space means the floor space of an office or place of business, other than a business warehouse. 4. For purposes of this section, the square footage shall be computed by measuring to the inside finish of permanent outer building walls and shall include space used by columns and projections necessary to the building. Square footage shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts, heating or ventilation shafts, janitor closets, and electrical or utility closets. 5. Persons with more than one (1) office, warehouse, or other place of business within the city must include all business warehouse floor space and other business floor space for all locations within the city. When a person rents space to another person, the person occupying the rental space is responsible for the square footage business tax on that rental space only if the renter has exclusive right of possession in the space as against the landlord. Space rented for the storage of goods in a warehouse where no walls separate the goods, and where the exclusive right of possession in the space is not held by the person to whom the space is rented and .-..aEe nted out i.. self _tOFa e" fadlities he.eby e_=}emeF=, eyes_ . _�_ _, have diFeEt a s to individual Siff ge s by .- ..agate entF-...Ees shall .._. . _ _.. ___ sees__ __ ..._.. .___. ___. _�_ _. ___ _, __r_. ___ _.._. _..___, be included in the warehouse business floor space of the person that operates the warehouse business, and not by the person renting the warehouse space. 6. If the square footage tax imposed in this subsection (B) is less than or equal to the gross receipts tax imposed in subsection (A) of this section, no square footage tax will be due; if the square footage tax 39 Amend Chapter 3.28 KCC Ordinance imposed in this subsection (B) exceeds the gross receipts tax imposed in subsection (A) of this section, the taxpayer shall also remit the excess over the gross receipts tax payable under subsection (A) of this section. C. Gross receipts exemption/square footage threshold. 1. Any person whose gross proceeds of sales, gross income of the business, and value of products, including byproducts, as the case may be, from all activities conducted within the city during any quarter is equal to or less than sixty-two thousand five hundred dollars ($62,500) during that quarter shall be exempt from the gross receipts tax imposed in this chapter. The applicable tax rates shall only apply to amounts in excess of sixty-two thousand five hundred dollars ($62,500) during any quarter. 2. The square footage tax imposed in subsection (B) of this section shall not apply to any person unless that person's total floor area of business space within the city exceeds the following threshold: a. Four thousand (4,000) taxable square feet of business warehouse space; or b. Twelve thousand (12,000) taxable square feet of other business floor space. This is a threshold and not an exemption. If the square footage tax applies, it applies to all business space leased, owned, occupied, or otherwise maintained by the taxpayer during the applicable reporting period. 40 Amend Chapter 3.28 KCC Ordinance D. Rules. The director may promulgate rules and regulations regarding the manner, means, and method of calculating any tax imposed under this section. SECTION 3, - Amendment. Section 3.28.090 of the Kent City Code, is hereby amended as follows: Sec. 3.28.090. Exemptions. A. Nonprofit corporations or nonprofit organizations. This chapter shall not apply to nonprofit organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, except with respect to retail sales of such persons. B. Certain fraternal and beneficiary organizations. This chapter shall not apply to fraternal benefit societies or fraternal fire insurance associations, as described in Title 48 RCW; nor to beneficiary corporations or societies organized under and existing by virtue of Title 24 RCW, if such beneficiary corporations or societies provide in their bylaws for the payment of death benefits. This exemption is limited, however, to gross income from premiums, fees, assessments, dues or other charges directly attributable to the insurance or death benefits provided by such societies, associations, or corporations. C. Certain corporations furnishing aid and relief. This chapter shall not apply to the gross sales or the gross income received by corporations which have been incorporated under any act of the congress of the United States of America and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in 41 Amend Chapter 3.28 KCC Ordinance mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same. D. Operation of sheltered workshops. This chapter shall not apply to income received from the Department of Social and Health Services for the cost of care, maintenance, support, and training of persons with developmental disabilities at non-profit group training homes as defined by chapter 71A.22 RCW or to the business activities of non-profit organizations from the operation of sheltered workshops. For the purposes of this subsection, "the operation of sheltered workshops" means performance of business activities of any kind on or off the premises of such non-profit organizations which are performed for the primary purpose of: (1) providing gainful employment or rehabilitation services to the handicapped as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market or during such time as employment opportunities for them in the competitive labor market do not exist; or (2) providing evaluation and work adjustment services for handicapped individuals. E. Credit unions. This chapter shall not apply to the gross income of credit unions organized under the laws of the state, any other state, or the United States. 8F. Health maintenance organization, health care service contractor, certified health plan. This chapter does not apply to any health maintenance organization, health care service contractor, or certified 42 Amend Chapter 3.28 KCC Ordinance health plan in respect to premiums or prepayments that are taxable under RCW 48.14.0201. GG. Public utilities. This chapter shall not apply to any person in respect to a business activity with respect to which tax liability is specifically imposed under the utility tax provisions of Chapter 3.18 KCC. BH. Investments — Dividends from subsidiary corporations. This chapter shall not apply to amounts derived by persons, other than those engaging in banking, loan, security, or other financial businesses, from investments or the use of money as such, and also amounts derived as dividends by a parent from its subsidiary corporations. EI. International banking facilities. This chapter shall not apply to the gross receipts of an international banking facility. As used in this subsection, an international banking facility means a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank, the principal office of which is located in this state, and which is incorporated and doing business under the laws of the United States or of this state, a United States branch or agency of a foreign bank, an Edge corporation organized under Section 25(a) of the Federal Reserve Act, 12 U.S.C. Sections 611 through 631, or an Agreement corporation having an agreement or undertaking with the Board of Governors of the Federal Reserve System under Section 25 of the Federal Reserve Act, 12 U.S.C. Sections 601 through 604(a), that includes only international banking facility time deposits (as defined in subsection (a)(2) of Section 204.8 of Regulation D (12 CFR Part 204), as promulgated by the Board of Governors of the Federal Reserve System), and 43 Amend Chapter 3.28 KCC Ordinance international banking facility extensions of credit (as defined in subsection (a)(3) of Section 204.8 of Regulation D). FJ. Insurance business. This chapter shall not apply to amounts received by any person who is an insurer, or their appointed insurance producer, upon which a tax based on gross premiums is paid to the state pursuant to RCW 48.14.020; and provided further, that the provisions of this subsection shall not exempt any bonding company from tax with respect to gross income derived from the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. GK. Farmers — Agriculture. This chapter shall not apply to any farmer in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any other agricultural product that is raised, caught, produced, or manufactured by such persons. ++L. Athletic exhibitions. This chapter shall not apply to any person in respect to the business of conducting boxing contests and sparring or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Boxing Commission. IM. Racing. This chapter shall not apply to any person in respect to the business of conducting race meets for the conduct of which a license must be secured from the Washington State Horse Racing Commission. 3N. Ride sharing. This chapter does not apply to any funds received in the course of commuter ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010. 44 Amend Chapter 3.28 KCC Ordinance K0. Employees. 1. This chapter shall not apply to any person in respect to the person's employment in the capacity as an employee or servant as distinguished from that of an independent contractor. For the purposes of this subsection, the definition of "employee" shall include those persons that are defined in the Internal Revenue Code, as hereafter amended. 2. A booth renter is an independent contractor for purposes of this chapter. tP. Amounts derived from sale of real estate. This chapter shall not apply to gross proceeds derived from the sale of real estate. This, however, shall not be construed to allow an exemption of amounts received as commissions from the sale of real estate, nor as fees, handling charges, discounts, interest, or similar financial charges resulting from, or relating to, real estate transactions. This chapter shall also not apply to amounts received for the rental of real estate if the rental income is derived from a contract to rent for a continuous period of thirty (30) days or longer. MQ. Mortgage brokers' third-party provider services trust accounts. This chapter shall not apply to amounts received from trust accounts to mortgage brokers for the payment of third-party costs if the accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted by the director of financial institutions. 44R. Amounts derived from manufacturing, selling, or distributing motor vehicle fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor vehicle fuel, as the term "motor vehicle fuel" is defined 45 Amend Chapter 3.28 KCC Ordinance in RCW 82.36.010 and exempt under RCW 82.36.440; provided, that any fuel not subjected to the state fuel excise tax, or any other applicable deduction or exemption, will be taxable under this chapter. 8S. Amounts derived from liquor, and the sale or distribution of liquor. This chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. PT. Casual and isolated sales. This chapter shall not apply to the gross proceeds derived from casual or isolated sales. QU. Accommodation sales. This chapter shall not apply to sales for resale by persons regularly engaged in the business of making retail sales of the type of property so sold to other persons similarly engaged in the business of selling such property where (1) the amount paid by the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the article and (2) the sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is made within fourteen (14) days to reimburse in kind a previous accommodation sale by the buyer to the seller. RV. Taxes collected as trust funds. This chapter shall not apply to amounts collected by the taxpayer from third parties to satisfy third party obligations to pay taxes such as the retail sales tax, use tax, and admission tax. SW. United States, Washington State governmental entities. This chapter shall not apply to gross income received by the United States or any instrumentality thereof and by the state of Washington or any municipal subdivision thereof. 46 Amend Chapter 3.28 KCC Ordinance TX. Research and development under federal contracts. This chapter shall not apply to amounts received for research and development activities performed on behalf of, under contract to, or in partnership with the United States government. For purposes of this section, research and development activities means activities performed to discover technological information, and technical and nonroutine activities concerned with translating technological information into new or improved products, processes, techniques, formulas, inventions, or software, the application of which is intended to be useful in the development of a new or improved federal project or component thereof. SECTION 4, - Amendment. Section 3.28.100 of the Kent City Code, is hereby amended as follows: Sec. 3.28.100. Deductions. In computing the license fee or tax, there may be deducted from the measure of tax the following items: A. Membership fees and certain service fees by non-profit youth organization. For purposes of this subsection, "non-profit youth organization" means a non-profit organization engaged in character building of youth which is exempt from property tax under RCW 84.36.030. In computing tax due under this chapter, there may be deducted from the measure of tax all amounts received by a non-profit youth organization: 1. As membership fees or dues, irrespective of the fact that the Payment of the membership fees or dues to the organization may entitle its members, in addition to other rights or privileges, to receive services from the organization or to use the organization's facilities; or 47 Amend Chapter 3.28 KCC Ordinance 2. From members of the organization for camping and recreational services provided by the organization or for the use of the organization's camping and recreational facilities. B. Fees, dues, charges. In computing tax, there may be deducted from the measure of tax amounts derived from bona fide: 1. initiation fees; 2. dues; 3. contributions; 4. donations; 5. tuition fees; 6. charges made by a non-profit trade or professional organization for attending or occupying space at a trade show, convention, or educational seminar sponsored by the non-profit trade or professional organization, which trade show, convention, or educational seminar is not open to the general public; 7. charges made for operation of privately operated kindergartens; and S. endowment funds. This subsection shall not be construed to exempt any person, association, or society from tax liability upon selling tangible personal property or upon providing facilities or services for which a special charge is made to members or others. If dues are in exchange for any significant amount of goods or services rendered by the recipient thereof to members without any additional charge to the member, or if the dues are graduated upon the amount of goods or services rendered, the value of such goods or services shall not be considered as a deduction under this subsection. 48 Amend Chapter 3.28 KCC Ordinance C. Artistic and cultural organizations - income from business activities. In computing tax, there may be deducted from the measure of tax those amounts received by artistic or cultural organizations, as defined in this chapter, which represent: 1. income derived from business activities conducted by the organization,_provided that this deduction does not apply to retail sales made by artistic and cultural organizations; 2. amounts received from the United States or any instrumentality thereof or from the State of Washington or any municipal corporation or subdivision thereof as compensation for; or to support, artistic or cultural exhibitions, performances, or programs provided by an artistic or cultural organization for attendance or viewing by the general public; or 3. amounts received as tuition charges collected for the privilege of attending artistic or cultural education programs. D. Artistic or cultural organization - deduction for tax under the manufacturinq classification - value of articles for use in displavinq art obiects or presenting artistic or cultural exhibitions, performances, or programs. In computing tax, there may be deducted from the measure of tax by persons subject to payment of the tax under the manufacturing classification, the value of articles to the extent manufacturing activities are undertaken by an artistic or cultural organization, as defined in this chapter, solely for the purpose of manufacturing articles for use by the organization in displaying art objects or presenting artistic or cultural exhibitions, performances, or programs for attendance or viewing by the general public. E. Day care activities. In computing tax, there may be deducted from the measure of tax amounts derived from day care activities by any 49 Amend Chapter 3.28 KCC Ordinance organization organized and operated for charitable, educational, or other purposes which is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code, as hereafter amended;_provided, however, that amounts derived from selling, altering or repairing tangible personal Property shall be deductible. AF. Compensation from public entities for health or social welfare services - Exception. In computing tax, there may be deducted from the measure of tax amounts received from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization (as defined in RCW 82.04.431) or by a municipal corporation or political subdivision, except deductions are not allowed under this subsection for amounts that are received under an employee benefit plan. For purposes of this subsection, "employee benefit plan" includes the military benefits program authorized in 10 U.S.C. Section 1071 et seq., as amended, or amounts payable pursuant thereto. 8G. Interest on investments or loans secured by mortgages or deeds of trust. In computing tax, to the extent permitted by Chapter 82.14A RCW, there may be deducted from the measure of tax by those engaged in banking, loan, security, or other financial businesses amounts derived from interest received on investments or loans primarily secured by first mortgages or trust deeds on nontransient residential properties. GH. Interest on obligations of the state, its political subdivisions, and municipal corporations. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security, or other financial businesses amounts derived from interest paid on all obligations 50 Amend Chapter 3.28 KCC Ordinance of the state of Washington, its political subdivisions, and municipal corporations organized pursuant to the laws thereof. DI. Interest on loans to farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives. In computing tax, there may be deducted from the measure of tax amounts derived as interest on loans to bona fide farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively by its borrowers or members and which is engaged solely in the business of making loans and providing finance-related services to bona fide farmers and ranchers, producers or harvesters of aquatic products, their cooperatives, rural residents for housing, or persons engaged in furnishing farm-related or aquatic-related services to these individuals or entities. EJ. Receipts from tangible personal property delivered outside the state. In computing tax, there may be deducted from the measure of tax under retailing or wholesaling amounts derived from the sale of tangible personal property that is delivered by the seller to the buyer or the buyer's representative at a location outside the state of Washington. FK. Cash discount taken by purchaser. In computing tax, there may be deducted from the measure of tax the cash discount amounts actually taken by the purchaser. This deduction is not allowed in arriving at the taxable amount under the extracting or manufacturing classifications with respect to articles produced or manufactured, the reported values of which, for the purposes of this tax, have been computed according to the "value of product" provisions. 51 Amend Chapter 3.28 KCC Ordinance GL. Credit losses of accrual basis taxpayers. In computing tax, there may be deducted from the measure of tax the amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis. M. Repair, maintenance, replacement, etc., of residential structures and commonly held property - eligible organizations. 1. In computing tax, there may be deducted from the measure of tax amounts used solely for repair, maintenance, replacement, management, or improvement of the residential structures and commonly held property, but excluding property where fees or charges are made for use by the public who are not guests accompanied by a member, which are derived by. a. A cooperative housing association, corporation, or partnership from a person who resides in a structure owned by the cooperative housing association, corporation, or partnership; b. An association of owners of property as defined in RCW 64.32.010, as now or hereafter amended, from a person who is an apartment owner as defined in RCW 64.32.010, or C. An association of owners of residential property from a person who is a member of the association. "Association of owners of residential property" means any organization of all the owners of residential property in a defined area who all hold the same property in common within the area. 2. For the purposes of this subsection "commonly held property includes areas required for common access such as reception areas, halls, stairways, parking, etc., and may include recreation rooms, swimming pools and small parks or recreation areas; but is not intended to include more grounds than are normally required in a residential area, or to 52 Amend Chapter 3.28 KCC Ordinance include such extensive areas as required for golf courses, campgrounds, hiking and riding areas, boating areas, etc. 3. To qualify for the deductions under this subsection: a. The salary or compensation paid to officers, managers, or employees must be only for actual services rendered and at levels comparable to the salary or compensation of like positions within the country wherein the property is located; b. Dues, fees, or assessments in excess of amounts needed for the purposes for which the deduction is allowed must be rebated to the members of the association; C. Assets of the association or organization must be distributable to all members and must not inure to the benefit of any single member or group of members. N. Radio and television broadcasting - advertising agency fees - national, regional, and network advertising - interstate allocations. In computing tax, there may be deducted from the measure of tax by radio and television broadcasters amounts representing the following: 1. advertising agencies' fees when such fees or allowances are shown as discount or price reduction in the billing or that the billing is on a net basis, i.e., less the discount; 2. actual gross receipts from national network, and regional advertising or a "standard deduction" as provided by RCW 82.04.280; and 3. local advertising revenue that represent advertising which is intended to reach potential customers of the advertiser who are located outside the State of Washington. The Director may issue a rule that provides detailed guidance as to how these deductions are to be calculated. 53 Amend Chapter 3.28 KCC Ordinance ++0. Constitutional prohibitions. In computing tax, there may be deducted from the measure of the tax amounts derived from business which the city is prohibited from taxing under the Constitution of the state of Washington or the Constitution of the United States. 113. Receipts from the sale of tangible personal property and retail services delivered outside the city but within Washington. Amounts included in the gross receipts reported on the tax return derived from the sale of tangible personal property delivered to the buyer or the buyer's representative outside the city but within the state of Washington may be deducted from the measure of tax under the retailing, retail services, or wholesaling classification. 3Q. Professional employer services. In computing the tax, a professional employer organization may deduct from the calculation of gross income the gross income of the business derived from performing professional employer services that is equal to the portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers' compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement. SECTIONS. - Retroactivitv. This ordinance shall be effective and apply retroactively to all reporting periods that began on or after January 1, 2014. SECTION 6, - 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; 54 Amend Chapter 3.28 KCC Ordinance or references to other local, state or federal laws, codes, rules, or regulations. SECTION 7, — 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 five (5) 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 PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014. 55 Amend Chapter 3.28 KCC Ordinance 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 F\OvlpOrd,nznre\328 090 9&O Rovls.on,2014 Opfion-A do- 56 Amend Chapter 3.28 KCC Ordinance KENT ° Agenda Item: Consent Calendar — 7E TO: City Council DATE: March 4, 2014 SUBJECT: New Water Superintendent I Classification - Approve MOTION: Authorize the Mayor 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. SUMMARY: Recruitment for the vacant Water Superintendent position has been completed twice since the position was vacated in 2012. However, we have not yet found an appropriate candidate. Recognizing the talent of our existing employees, and the skill sets they possess, Public Works is proposing to create a Water Superintendent I (WS I) classification. An existing employee would be selected to fill the WS I position and work within this capacity as they develop and demonstrate the skills necessary to move into the Water Superintendent classification. The proposed WS I classifications pay scale (NRB44) is two pay scales below the Water Superintendent pay scale (NRB46). This new classification does not add an additional position; however, Council approval is required for a revised classification. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Ralph, Berrios, Boyce NAY: BUDGET IMPACTS: There is no budget impact with this proposal. This page intentionally left blank. • Nl. KENT Agenda Item: Consent Calendar- 7F TO: City Council DATE: March 4, 2014 SUBJECT: Position Change from Supervisor to Special Projects Manager - Approve MOTION: Authorize the Mayor 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. SUMMARY: City staff continues to look for opportunities to improve workflow in our projects and programs. It has become apparent that several major initiatives in Public Works Engineering would be more effectively led by an individual focused on these 'special projects'. Staff continues to focus on levee accreditation, roadway rehabilitation, utility improvements, and our state and federally mandated regulatory functions; however, there are several projects in environmental, transportation and solid waste that require special attention. Rehabilitation (dredging) of Mill Creek, Garrison Creek and Springbrook Creek are estimated to take 10 years and will require extensive work on permits, contracting and disposal of material. Significant changes in the way the state and region operate transit and pay for transportation improvements are underway, and the city needs to put additional effort into grant coordination and regional planning initiatives. We are also exploring changes to the Residential Traffic Calming Program. The Solid Waste Utility continues to evolve based on the current solid waste contract and our interactions with King County on regional disposal. We are proposing to upgrade an existing Supervisor position to take on additional duties and act as the Special Projects Manager for projects like those noted above. EXHIBITS: None RECOMMENDED BY: Operations Committee YEA: Ralph, Berrios, Boyce NAY: BUDGET IMPACTS: The pay range for the position would increase from a Non- Represented 44 to Non-Represented 48, which is an increase of roughly $10,000 per year. This increase would be charged to the projects managed by the incumbent. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: March 4, 2014 SUBJECT: Consultant Agreement for the Green River Trail Projects from Veterans Drive to Three Friends Fishing Hole — Authorize MOTION: Authorize the Mayor 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. SUMMARY: Two of the current Green River projects being undertaken by Public Works hold the potential to have long-term significant impacts to an important 2-mile stretch of the Green River Trail, as well as Van Doren's Landing Park and other public properties along the stretch of the Green River from approximately South 200th Avenue to South 231't Avenue. Public Works and our project partners (including King County and the Army Corps of Engineers) agree that master planning and park design are critical components that will help ensure that the projects address multiple important civic priorities and protect important civic assets. EXHIBITS: a) Draft Consultant Agreement b) Sole Source Memorandum RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the Regional Trails Budget. This page intentionally left blank. KENT wAI T�� CONSULTANT SERVICES AGREEMENT between the City of Kent and Berger Partnership P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger Partnership P.S. organized under the laws of the State of Washington, located and doing business at 1721 8th Avenue North, Seattle, WA 98109, Greg Brower 206-325-6877 (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: As described and attached herein as Exhibit A: Van Doren's Landing Park/Lower Russell Rd/Boeing Rock Master Plan 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 December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Sixty One Thousand, Five Hundred and Fifty Five and no/100 ($161,555.00) including applicable Washington State sales tax,], 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. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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: Greg Brower Hope Gibson Berger Partnership P.S. City of Kent 1721 8th Ave. North 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 206-325-6877 (telephone) (253) 856-5112 (telephone) gregb@bergerpartnership.com hgibson@kentwa.gov APPROVED AS TO FORM: Kent Law Department 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: For: 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 1� 110��1111���`p`p PA PINrtisriIP 2.11.14 �(161 W berger Hope Gibson Park Planning and Development Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Dear Hope: We are pleased to submit this proposal for the Green River Trail design and implementation. The area covered in this proposal is along the Green River from Veterans Drive to Three Friends Fishing Hole,within property controlled by the City of Kent. For the purposes of this proposal,the project consists of two areas: Van Doren's Landing Park/Russell Road: Veteran's Drive to S. 212`h Street, and the Boeing property: S. 212`h Street to Three Friends Fishing Hole. The scope of work includes the design of the area outlined above followed by the construction of improvements on the Boeing property. The scope of work for Van Doren's Landing park/Russell Road includes visioning and conceptual design, public outreach, development of a preferred plan, and master plan. The scope of work for the Boeing property includes trail design, preparation of construction documents, permitting, bidding, and construction observation. Project goals are outlined in a document provided January 28, 2014. Van Doren's Landing Park/Russell Road We will participate in a collaborative effort to create a master plan for this length of the Green River Trail. The master plan will include the trail, drive lanes, setback levee, Van Doren's Landing Park, and the edge of the Green River Natural Resources Area. The city will provide the engineering support to lay out a preferred levee alignment and road or trail relocation. Vision and Conceptual Design In this phase we will work with the city, community and stakeholders to establish a vision and conceptual design for the trail and parks along the Green River corridor. • Project kick-off meeting: Attend and participate in a meeting with the stakeholders, parks, public works, King County, and others, as appropriate. • Conduct a site visit to review existing conditions. Record findings through photographs and plan notation. I ')I dYd 1:)r, 1,Y1 h 11r C.'1 or( Berger Partnership Ps 206 325 6877 I IY�:1 r1 YI �� ^1'I(: rl 1721 Bm Ave N bergerpartnershlp.com Seattle,WA 98109 2.11.14 m0�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 2 of 10 • Prepare base plan from GIS provided by the city. Add and confirm information as necessary. • Establish design opportunities and constraints. • Prepare diagrams and concepts for trail alignment and park improvements. Support the concepts with images and sketches. • Attend (5) meetings to review design progress and obtain input. Prepare a design narrative. • Prepare a preliminary estimate of probable construction costs. Deliverables: Site analysis 2-3 Conceptual ideas Design narrative Preliminary estimate of probable construction costs Public Outreach Public outreach will occur throughout the process of establishing a master plan for the Van Doren's/Russell Road corridor. Outreach will be conducted through virtual meetings conducted through the city's website. We will provide graphics, images, and text for use in the web based meetings. The public outreach will be conducted in three phases: Conceptual, Preferred Plan, and Master Plan. For each outreach effort we will provide the following: • Plans, diagrams, and graphics that depict the design intent and illustrate the ideas up for input. • Support images, photos, sections, and sketches that further develop the design intent. • Awritten narrative to support the graphic material and provide additional information to aid the review. • Prepare a summary of virtual meeting input. • Master Plan presentation to the city council, park board, and community. Deliverables: Plans and diagrams for virtual meetings Images, graphics, and photos Virtual meeting summary Presentation boards 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 3 of 10 Preferred Plan In this phase we will refine the conceptual ideas into a preferred plan. The design will be based on the input received through the virtual meeting and meetings with stakeholders. Services we will provide during this phase include the following: • Address review comments and input. • Refine the conceptual designs into a single plan. • Prepare plan graphics, sections, and elevations. • Prepare conceptual grading. • Update the written narrative. • Attend (3) coordination meetings. • Provide review of trail and road alignment work prepared by others. • Update the estimate of probable construction costs. Deliverables: Preferred plan graphic, sections, elevations Conceptual grading Written narrative Estimate of probable construction costs Master Plan In this phase we will refine the preferred plan into the master plan. The master plan will include information to guide future planning along the Green River Trail including trail alignment,trail amenities, park improvements,trail access, and safety improvements. Services we will provide include the following: • Address review comments and input. • Refine and revise the plan graphics, sections, and support documents to reflect the comments and input. • Identify and prepare a list of possible permits and issuing agencies. • Compile master plan documents into a single, bound resource. Provide in digital and hardcopy format. • Attend (3) coordination meetings. • Update the written narrative. • Update the estimate of probable construction costs. 2.11.14 Im10�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 4 of 10 Deliverables: Master plan graphic List of permits and project requirements Written narrative update Estimate of probable construction costs update Master plan document Boeing Property This phase of work includes the design of the secondary trail along the Green River. We will work with the city, Corps of Engineers, and King County to prepare a design for the secondary trail within the Boeing Property. The secondary trail will be located between the Green River Trail and the Green River. This work also includes the design of parking for 10-20 cars and trail access. Design In this phase we will develop the trail alignment and amenities such as river overlooks, connecting paths, and planting. The work will be developed through a series of meetings and work sessions. The basis for the design is a concept plan prepared previously by others. • Prepare a base plan from a survey and site information provided by the city. The conceptual alignment provided will be incorporated. • Conduct a site visit to review existing conditions. Record findings through photographs and plan notation. • Review requirements for jurisdictional approvals and permits. • Attend a kick-off meeting. • Prepare a plan with the secondary trail, overlooks, existing trees, and parking located. • Prepare a concept planting plan for review and integration with work by others. • Prepare a draft project manual including general conditions provided by the city and draft specifications. • Review work prepared by others and provide comments. • Refine the plan to reflect review comments, input and coordination. • Attend (3) meetings to review progress and coordinate design efforts. • Attend (1) meeting to review project permitting requirements. • Prepare an estimate of probable construction costs. • Provide plans to the city for review and comment at 30%complete. 2.11.14 Im10�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 5 of 10 Deliverables: Base plan Permit requirements Trail plan 30%submittal Draft project manual Estimate of probable construction costs Construction Documents In this phase we will prepare documents for the construction of the proposed improvements. The documents will include both plans and specifications. • Prepare construction documents based on the approved design documents. • Prepare site preparation plan, vegetation removal, erosion control. • Prepare layout and alignment plans. • Prepare grading plans with spot elevations and slope requirements. • Prepare drainage and stormwater controls plan for the parking lot. • Prepare irrigation plans for a temporary irrigation system, controller power, etc. • Prepare planting plans. • Prepare construction details. • Prepare project manual with general conditions and specifications. • Prepare an update of the estimate of probable construction costs. • Review and comment on work prepared by others. • Attend (10) meetings to review progress and coordinate with work prepared by others. • Provide plans to the city for review and comment at 60%, 90%, and 100% complete. Deliverables: Construction Documents 60%, 90%, and 100% submittals Project manual Estimate of probable construction costs 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 6 of 10 Permitting In this phase we will prepare documents for permitting. This includes preparation of plans and forms for jurisdictional review. The permitting agency will be the City of Kent. The submittal for permits will take place during preparation of the construction documents at 60%complete. Required permits will be determined but are anticipated to include clearing, grading, and stormwater and erosion control, and possibly shorelines, and critical areas. • Research and define required permits. • Attend (1) pre-submittal meeting. This meeting may take place during the construction documents phase. • Add the necessary notations, and calculations to the plans for permitting. • Prepare forms for permitting as required. • Assemble the permit submittal and submit plans. • Review and respond to permit comments/questions. • Attend (1) meeting to review permit comments/questions. • Provide revisions to permit documents. Note: The permit process can vary so the allowance for revisions is limited to (8) hours. Deliverables: Permit requirements Permit documents Permit comment response and plan revisions Bid Administration We will provide support services to Parks during the bidding phase. Specific services include the following: • Prepare documents for bid • Attend pre-bid conference. • Prepare meeting minutes for the pre-bid conference. • Provide responses to bidder questions. • Prepare addenda as necessary. Deliverables: Meeting minutes Response to bidder questions Addenda 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 7 of 10 Construction Administration We will provide services during construction to review progress, check that contractor work is consistent with the construction documents, and note work needing correction. • Attend preconstruction meeting and prepare meeting notes. • Conduct (10) construction meetings (every other week) and prepare meeting notes. • Review submittals and shop drawings. • Prepare modification proposals and change orders as approved by the city. • Make interim site visits to review progress and work quality. • Attend walk through prior to project completion and prepare punchlist for work in need of correction. • Back check the punchlist and issue final completion. • Prepare and provide record drawings reflecting the as-built condition as recorded in the contractor's record drawings. • Obtain operating manuals, maintenance manuals, and equipment brochures. Provide to the city. Deliverables: Meeting notes and observation reports Shop drawing/submittal review Punchlist Record drawings Assumptions • Base plans will be prepared from surveys provided by the City of Kent. • The required permits, submittal requirements, and review process are not clearly defined at this time. Limited time has been included for permit administration. Additional services, if needed, will be identified and approved before providing service. • General conditions to the specifications will be provided by the city. Specifications will be provided in CSI format. • The city will administer the bid process, advertise bid, conduct meetings, and tabulate bids • The city will lead the construction observation, make field visits, and perform other related tasks. 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 8 of 10 Fees Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: Van Doren's/Russell Road Vision and Conceptual Design $16,010.00 Public Outreach $6,220.00 Preferred Plan $15,390.00 Master Plan $13,955.00 Subtotal $51,575.00 Boeing Property Design $20,870.00 Construction Documents $31,145.00 Permitting $9,485.00 Bid Administration $7,280.00 Construction Observation $18,100.00 Subtotal $86,880.00 Subconsultants Civil Engineer (Allowance w/ 10% mark-up) $16,500.00 Irrigation Design (Allowance w/10% mark-up) $6,600.00 Subtotal $23,100.00 Project Total $161,555.00 Fees will be billed monthly based upon the percentage of work completed. Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be negotiated: Principal $175.00 per hour Associate $130.00 per hour Project Manager $105.00 per hour Landscape Architectural Staff $90.00 per hour Administrative Staff $60.00 per hour Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable expenses will be billed in addition to the above fees at cost plus a 10%administrative mark-up. All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1% per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 9 of 10 postponed until receipt of payment, unless special arrangements are made prior to providing the services. Fees may be subject to renegotiation if the proposal is not accepted within 60 days. If the duration of the contract exceeds one year, hourly rates may be subject to annual adjustments at the anniversary date of the contract. Revisions&Additions To Proposal Once the design is approved, any substantive revision to the drawings resulting from owner/client directed changes (including program changes, scope of work changes, modifications to existing documents, construction and/or site and conditions change and adjustments to time frames) will be billed as an extra service. Billing will be hourly, unless a guaranteed maximum fee is requested for the revision. Written confirmation of the change/revision will be sent as an amendment to this contract. Revision work started at the direction of the owner/client, then subsequently terminated,will be billed as extra services through date of stop-work notification. Subconsultants Allowance for subconsultants' fees are included in the scope of work identified at this time. Subconsultants include the civil engineer and irrigation designer. 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 10 of 10 If this proposal meets with your approval, please sign one copy and return it to our office. If you have questions, would like more information, or wish to make any modifications, please do not hesitate to contact us. We look forward to working with you on the Green River Trail in Kent. Sincerely, Berger Partnership PS Greg Brower Principal APPROVED: Date mvi�o) P A R I N I A',14 I V berger 0iim6 Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Van Doren's Park/ Russell Road Visioning and Conceptual Design 2 months Site survey review 1 $130.00 Base plan preparation 2 4 $620.00 Site visit 3 3 $915.00 Kick off meeting 3 3 $915.00 Site analysis 2 2 6 $1,150.00 Concerns and constraints 1 4 $695.00 Design concepts 8 8 16 $3,880.00 Character images/sketches 2 4 8 $1,590.00 Design narrative 2 2 $470.00 Meetings (5) 15 9 $3,795.00 Estimate of probable consruction cost 2 8 $980.00 Project Administration 2 4 $870.00 Visioning Totals 38 42 0 42 2 $16,010.00 2 months Public and External Agency Outreach concurrent 1. Prepare concepts for input 1 2 8 $1,155.00 Input summary 1 $130.00 2. Prepare preferred plan for input 1 2 8 $1,155.00 Input summary 1 $130.00 3. Prepare master plan for input 2 2 16 $2,050.00 Master plan presentation 4 4 $1,220.00 Input summary 2 2 $380.00 Outreach Totals 8 14 0 32 2 $6,220.00 Preferred Plan 2 months Address input comments 2 $260.00 Concerns and constraints review 2 2 $610.00 Define permits 1 2 $435.00 Refine concepts into preferred plan 6 8 16 $3,530.00 Update narrative 2 2 $470.00 Prepare plans 4 16 $1,960.00 Prepare sections 2 8 $980.00 Conceptual grading 2 8 $1,070.00 Character images 4 4 $880.00 Meetings (3) 9 6 $2,355.00 Estimate of probable construction cost 1 2 4 $795.00 Review work by others 3 3 $915.00 Project Administration 2 6 $1,130.00 Preferred Plan Totals 28 41 0 56 2 $15,390.00 Master Plan 2 months Address input comments 2 $260.00 Prepare master plan graphics 4 8 24 $3,900.00 Update narravtive 2 2 $470.00 Identify permit issues 2 4 $870.00 Prepare master plan brochure 1 8 32 8 $4,575.00 emviloo)g P�A R I N I A',14 I V 1 iim 6 berger Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Meetings (3) 6 9 $2,220.00 Estimate of probable construction cost 2 4 $620.00 Project aministration 8 $1,040.00 Master Plan Totals 15 41 0 60 10 $13,955.00 Van Doren's/Russell Road Subtotals 89 138 0 190 16 $51,575.00 Boeing Property Design 2 months Site survey review 1 2 $435.00 Base plan preparation 2 8 $980.00 Site visit 4 4 $1,220.00 Permit requirements 2 4 $870.00 Kick off meeting 4 4 $1,220.00 Site analysis 2 4 8 $1,590.00 Design concepts 8 4 16 $3,360.00 Planting concepts 4 4 8 $1,940.00 Draft project manual 2 2 4 $850.00 Review work by others 4 4 $1,220.00 Meetings (3) 9 9 $2,745.00 Meeting - permit requirements 3 3 $915.00 Estimate of probable consruction cost 1 4 8 $1,415.00 30%submittal 4 8 $1,240.00 Project Administration 2 4 $870.00 Design Totals 46 58 0 56 4 $20,870.00 Construction Documents 4 months Address input comments 2 2 $610.00 Site prep plan 2 4 12 $1,950.00 Layout plan 2 6 24 $3,290.00 Grading and drainage plan 2 6 16 $2,570.00 Irrigation plan and details 2 4 $620.00 Planting plan 4 6 24 $3,640.00 Construction details 4 4 16 $2,660.00 Specifications Boiler plate 2 2 $380.00 Edit 4 16 8 $3,260.00 Meetings (10) 9 30 $5,475.00 Estimate of probable construction cost 2 4 4 $1,230.00 60%submittal 4 8 $1,240.00 90%submittal 4 8 $1,240.00 100%submittal 4 8 $1,240.00 Project adminstration 4 8 $1,740.00 Construction Documents Totals 35 102 0 124 10 $31,145.00 Permitting Concurrent Permit requirements 4 4 $1,220.00 Pre-submittal meeting 3 $390.00 mvi�o) P A R I N I A',14 I V berger 0iim6 Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Plan notations and calcs. 4 8 $1,240.00 Document preparation, notes,forms 2 4 8 $1,350.00 Submittal 4 $520.00 Meeting - permit review 3 3 $915.00 Respond to review comments 2 4 $870.00 Revise documents 4 8 $1,240.00 Project adminstration 4 8 $1,740.00 Peermitting Totals 15 38 0 16 8 $9,485.00 Bid Administration 2 months Prepare documents for bid 4 8 $1,240.00 Plans to bid house 2 $260.00 Pre bid meeting/site walk 4 $520.00 Respond to bidder questions 2 8 8 $2,110.00 Prepare addenda 4 8 $1,240.00 Issue addenda 4 $520.00 Project Adminstration 2 8 $1,390.00 Bid Adminstration Totals 4 34 0 24 0 $7,280.00 Construction Observation 5 months Pre construction meeting 4 $520.00 Construction meetings (10) 40 $5,200.00 Review submittals/shop drawings 8 8 $1,760.00 Respond to RFI's 10 24 $3,460.00 Site visits in addition to wkly mtgs 8 6 $2,180.00 Punchlist walk and prep 6 $780.00 Substantial completion 4 $520.00 Punchlist follow up 4 $520.00 Final completion 4 $520.00 Record drawings 4 12 $1,600.00 Project Administration 8 $1,040.00 Construction Observation Totals 8 98 0 44 0 $18,100.00 Boeing Property Subtotals 108 330 0 264 22 $86,880.00 Van Doren/Boeing Subtotals 197 468 0 454 38 $138,455.00 Subconsultants Civil Engineer Allowance w/10% mark up $16,500.00 Irrigation Design Allowance w/10% mark up $6,600.00 Subconsutlants Subtotal $23,100.00 Project Total $161,555.00 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. 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 A:VII. 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 — 7H TO: City Council DATE: March 4, 2014 SUBJECT: Land 0' Frost Donation Agreement - Authorize MOTION: Accept the $19,000 donation from Land O' Frost for the 2014 season of youth sports 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. SUMMARY: Land 0' Frost believes in the importance of families participating together in healthful, well-rounded experiences. They are grateful for the opportunity to give back to deserving communities and help keep children involved in positive character- building activities. The $19,000 from Land 0' Frost will fund sponsorships for youth programs for the 2014 season. The Land 0' Frost Youth Sports Program provides funds to local communities to help offset some of the costs associated with organizing and operating their youth sports programs for children up to 10 years old. Land 0' Frost Youth Sports began in 2002 and since that time has grown to include more than 300 leagues, 12,500 teams, and 125,000 players. Since its inception, Land 0' Frost Youth Sports has sponsored over one million players. EXHIBITS: Donation Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Revenue to the Youth Sponsorships Budget. .t 3426 ContractID Great Tasting Lunchmeat Kent Parks And Recreation /LAND O' FROST SPONSORSHIP 2014 The following will be included in the comprehensive 2014 Land O'Frost Youth Sponsorship Program for the Seattle area. The following is a summary of the elements that will be included in the annual sponsorship agreement between Kent Parks And Recreation(KPR)and Land O'Frost(LOF). This agreement will commence on January 1,2014 and will terminate on December 31, 2014. Sponsorship Elements: This sponsorship will focus on approximately 190 teams in the Winter/Spring/Fall 14' season. Land O'Frost will sponsor teams under the age of 10. • Prominent Logo inclusion on the front or back of jerseys for 190 teams . LOF will supply all necessary logo\ artwork and KPR will have the shirts printed. (The LOF logo will need to be a minimum of 2 '/2"H x 10" W. The phrase Great Tasting Lunchmeat will need to be placed underneath the Land O' Frost oval. Land O' Frost to be the exclusive jersey sponsor, no other corporate logos to be placed on jerseys.) • Coupon distribution in opening day packets, at tournaments, in mailings and other key functions throughout the year. (LOF will supply all coupons) • Announcements by team and league administration to parents/kids about sponsorship. • Opportunity for mention/inclusion of Land O' Frost product message in any league/parent communication. • One approximately 4' x 8' banner(or similar signage)to be displayed where KPR teams,that LOF sponsors play. (LOF will give banner artwork and KPR will have banner printed) • Logo inclusion on KPR game schedules for teams sponsored,registration materials and newsletters if possible. • Land O' Frost logo/youth sports link placed on the league web site htto://www.landofrost.com/vouthsoorts • A minimum of two (2) annual Email Blasts to all parents, if available, letting them know of the LOF Youth Sports Link for special offers. LOF will provide Email Blast Template. • Client will need Proof of Purchase(190 team pictures) by December 31,2014 The Land O' Frost logo will need to be clearly identified on the shirts in 190 team pictures. The pictures can be informal,taken with a digital camera or regular film. LAND O' FROST WILL DONATE: S19,000.00 Kent Parks And Recreation Representitive Land O' Frost Representative Knox This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: March 4, 2014 SUBJECT: 2014 Washington State Slo-Pitch Umpires Association Agreement - Authorize MOTION: Authorize the Mayor 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. SUMMARY: Participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams will play in league games covered by the Washington State Slo-pitch Umpires Association Agreement. As a result, the 2014 contract will likely exceed $35,000.00. Participant fees cover all costs for this program. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the Recreation Operating Budget. This page intentionally left blank. `� KENT GOODS & SERVICES AGREEMENT between the City of Kent and Washington State Slo-pitch Umpires Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington State Slo-pitch Umpires Association organized under the laws of the State of Washington, King County, located and doing business at 19516 63rd PL NE, Kenmore, WA 98028 (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: Description: Adult Slowpitch Softball Umpiring Start time/Duration/Stop Time: April 1, 2014 to September 30, 2014 Event Location: City of Kent and Kent School District Athletic Fields The vendor agrees to credit the City of Kent $20.00 and One (1) dozen approved softballs for failure to provide umpire services for a scheduled game, per occurrence. 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 completion of the Softball Season, September 30, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1 person/multiple games-$33.00 per game; 2 person/multiple games-$56.00 per game, 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) Washington State Slo-pitch Umpire Association will submit an itemized invoice of games worked, umpires per game and fee incurred. Invoice may be divided into portions of the season, either on a monthly or bi-monthly schedule or one invoice for the entire program/season. 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. 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 A 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. 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 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: Dale McGregor David E. Heldt/Kent Commons Washington State Slo-pitch Umpires City of Kent 19516 63rd PL NE 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 425-481-2005 (telephone) (253) 856-5000 (telephone) 425-481-2005 (facsimile) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the electronic filepeN where the contract has been saved] 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. Dated this day of 200. By: For: 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. Dated this day of 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: March 4, 2014 SUBJECT: Fire Station #74 Data Center Remodel Agreement with Dutton Electric Company, Inc. - Authorize MOTION: Authorize the Mayor 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. SUMMARY: This contract is to provide the electrical capacity to run an uninterrupted power supply unit that backs up power to the city-wide Data Center housed at Fire Station 74 in the event that main utility power is lost. The completion of this Data Center is a high priority project for the IT Department. EXHIBITS: Draft Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the IT Data Center Upgrade Project Budget. This page intentionally left blank. CONTRACT BETWEEN THE CITY OF KENT AND DUTTON ELECTRIC COMPANY, INC. THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and Dutton Electric Company, Inc. organized under the laws of the State of Washington, located and doing business at 12407 Mukilteo Speedway, A170, Lynnwood, WA 98087, Bruce Deane, (425) 347- 7600 ("Contractor'). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: City of Kent Fire Station 74 Electrical Improvements in accordance with and as described in the Contract and shall perform any alterations in or additions to the work provided under the Contract and every part thereof. The Contract shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2012 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. The Contractor is responsible to obtain copies of the 2012 WSDOT Standard Specifications including the latest amendments issued by WSDOT as of the date of bid opening. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 45 days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the 'one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. CITY OF KENT BY: SUZETTE COOKE, MAYOR DATE: ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: KENT LAW DEPARTMENT CONTRACTOR BY: PRINT NAME: TITLE: DATE: This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: March 4, 2014 SUBJECT: 2013 Fourth Quarter Fee-in-Lieu Funds — Accept MOTION: Accept $7,875.00 for fourth quarter 2013 fee-in-lieu funds and authorizing the expenditure of funds in the Garrison Creek Park Budget. SUMMARY: Between October and December 2013, the City of Kent received a total of $7,875.00 from HS Construction, developer of the property at 22415 94th Avenue South, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in one subdivision: Garrison Creek Park for $7,875.00 from HS Construction Ordinance No. 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay, a "fee-in-lieu" funds. The fee is based on assessed land values. EXHIBITS: Finance Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Garrison Creek Park budget This page intentionally left blank. y G� A r N o ? O D O o m Z m c A m 3 V S N W N O \ N O_ W N c S N N � a 10 N A N D N r 0 O W N_ N � � 0 N O W n O O N Co N y A 0 O Cl V S N � D V V v � O V C O y fD N 0 n � 3 r v w � A � � W a N O A O C A K W Z � C O in O N � N � c 2 = � o 0 m a 0 0 n c 0 3 m � N N N O_ � � A yMIo DS _ N O � N n This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7L TO: City Council DATE: March 4, 2014 SUBJECT: Malik Ridge Final Plat - Approve MOTION: Approve the final plat for Malik Ridge and authorize the Mayor to sign the mylars. SUMMARY: Staff recommends approval of the Malik Ridge final plat located at 13410 SE 272nd Street and Council authorization for the Mayor to sign the mylar. This project will divide 3.51 acres into 11 single family residential lots. The Hearing Examiner issued the decision on March 15, 2006 with approval and conditions. The applicant has complied with the conditions required prior to recordation. EXHIBITS: a) Final Plat Map b) Approval with Conditions RECOMMENDED BY: Staff BUDGET IMPACTS: None This page intentionally left blank. Malik Ridge VOLUME/PAGE N KIVA#2131996 GRAPHIC SCAL 1'=s0' A Portion the SW of the SW 1/4 of Section 27, LEGEND SHEEP 3 OF 3 Township 22 N,Range 5 E,Willamette Meridian - W E City of Kent,King County,Washington 0 50 100 150 MONUMENT AS NDTED se sg+ g VERTICAL BENCH MARKS 3 THIS SUBDIVISION HAS A PRIVATE ROAD AND SET STANDARD KENT CITY MOMP=NT a -- STORM POND AND STORM CONVEYANCE CALOJLATED CORNEF o BENCH4APx5 1 s 2 WERE SET AS PART OF THIS PLAT SYSTEM,MAINTENANCE AND OPERATION USING CITY OF KENT BENCHMARK NMSEPS: OF THIS SYSTEM ARE GOVERNED BY THE SET PESAR S CAP y 981 (J28J) AND 969 OR HAS NAIL 6 CAP DECLARATION OF STORMWATER FACILTY P I TOP OF 2" Baas MOMIMENT IN 4X4 CNCRETE MAINTENANCE COVENANT, NOTED ON CALCULATED (C) PYRAMID WITH PLNCH SET IN CASE 11 TRACT C. PAGE 1 OF 3,UNDER NOTES,ITEM S. NORTH END OF PLAT ELEVATION 40254 NA188. DEED (0) OW2 ICE OF 2" BRASS MONUMENT IN 4X4 CMCRETE flECTPO OF SURVEY AFN 2003090200003 W1) PYRAMID WITH PUNCH AS SET IN CIE IN MAST C. - SOUTH END OF PLAT WWATEREASEAIENT 15 EBL ELEVATION 39S.5]' NAVDOS. FNWATERORMIF Ti11 PLAT OF ORAVON AFN 19931005149T (AR) N89'20'ON'W 253.91'(C) SENSITNEAREASEASEMENT .- N89'1230'W P62.94'(0) ( SEENOTEONSHEET2OF3 SURVEYORS NOTES 6 422 3469 iv 1. BASIS OF BEARING : (HAD 83/91) mrum-1 A'V'-o' OT2 L'Cy -- SOUTH LINE OF THE - BETWEEN OF SEC 2. TWP 22 N 15 TB wl ¢ tq. 0 4 _ o SENSITIVE ARM EASEMENT DETAIL FlCE 5 E OF THE W.M. RETYIEEN CITY OF KENT I➢ M. `��, . W " — n 7286 AND 7287. to nl � ^ w.- iF, w W �'Cy S69'20 raT 2.ll$ METHOD OF MOMIMENT LOCATIDN WAS MT3 EASEMENT BY FIELD TRAVERSE MLE INSTRLNENT USED WAS I �i M2000' EET20F9 A TRINSLE 5-6 TOTAL STATION -` A3L�3C ) t 4485' ]4 —IVBSBLSNOT 7'19E3. THIS S VEY DDES NOT PURPORT TO 31DW N„BMtI 190> ', h01'05f]E ]5.mALL EASEMENTS 0.9 UTILITIES E%CEPT A5 SHOW I wDu 599 E0 •E 84b2 4. THIS SURVEY COMPLIES 'WITH ALL STANDARDSANT GHAPTERv 58 OF ON NO 33 P1. WACG NOSro5'1>E 16.00ACT CHAPTER Stl.09 RCW AND 332-130 WACS8920'ODE 14.229>0' 4 1BApOR10NAL SECTION CONTROL . 151°� 2T112 1 Ta./dE MS�ENTFDR (NOT TO SCALF7 y.` - TRACTS 6d9'0.C9'F 2624.D'ICI BR031 SiT 63Ji 9]FT a/- CORNERED TO A. f3lp f{Y I 'D ASSOCI+TIO LA£ gEARIIl6 DISTANCE AL'OCIFCOPO LS NBq tl1'43£ 950' ��T I'� ' L2 Nd6'DS']BW d.04' ]24.OD' �11d5 RAT L3 Sd2'2456£. J96' 3 "I LOTS L4 N90'24'40'N J.BJ' ^ $I 6371 SO R a/- I N L5 59D'15*.i4E 8.05' 2J0]s 13390 FL sE IV ROAR BSBLN]3'29'241V 624' 5g6'3856 Sp3'W'21`E 131005'_ 1310.d5' I 124�. Nm LB N404S'OO"4 r^ L9 5'6'3d'N'E ,u w of LOTJCA m ^ ev1 ^le 21104113ZHO R/SE O N Pro LOTS _ z< @I 13N 64' 1309.64' �'I 2J1W1 133f.D R/EE - Oq Sg9'25YE 2619.31'IC) J 124.00' N. nn427.743 N. 133401J71 n r E. 13103024B.96.9fi1 E. 131286M1 d22 I */- " 15CRYOFI TAND 27]1n 1333 R SE SETBACKS ITRITTY PURVEYBN8 —r EASEMENTj 124.00 10 FlkT' KR WIT)"SETBACK LAE 0359L1 TYPICAL ' MAcIr J 5'SIBS BUTTONS SETBACK LIE (MbL)TYPICAL TIO PRIVATE ACCESS TO THE P17 So ST T/ \I 1r^r r 6.3]]DSD FT*/- u, 15 iEAP BIIRDIfAi SETBACK LINE 1$SAL TYPICAL LBTS 3- 11 LOTS IN THE PLAT ANp A FlBLIC UTILITY LOTS 1-2 TYPIC W 2 f0 PE ]120]3'A0 R SE ' ARWILDINGIhU cfiBAGC LLINE (B9iLl AL EASEMENT XEFITTING IRS,Cm OF 15-he J— KENT TO ALCE35 FOR TIE F,,B,5E OF I NAINTAMING AND OFERATING PUBLIC 124.00' UTILITIES_THE HAL]1(MOSS IpMEDW1EA5 { 53S'W 51'E 95 b2'ASSOCIATION 15 RESPfiN6 MLE FM LOT 11 I m H4IENgNCE% CO,CU 'T{ CO AS' fi3J1 SB FT a/- SLpfALE. T]126 13iW R-SE BMi2— I/ v TNACTA - �s PFAIY STI1fH TPALT. o W9 EO WT: — S99'20'OST 124.00' 1G%34 W FT.CNNEYE➢ ISM- avr TO ItlFELISEµS ^r ROAOWAYWnHINRIGHT43FWAY q $i A56A CCo TID.,PON EASEMENTKENTAATD LM.ITERANDUMHniIES TO BEMAINIAINEO BY MAOKRIOGE m --____ ,___ (SEE EASEMENTHESERVATION ON SHEET Ai HOMEOWNERSASSWAnON r. -'(✓•15 _____________---f_____-_ 11,76' _ SBB'09'32'E CENTS"ME SOUIM I/60ORNERSe= S.E. 2J2M) ST (5R516) O TMOOTMON INCA8E CALCULATES PER SURVEY RI %ISMD 13 KENTID.NO.7s VA-- r _ .___ 101953'1T31 SW CORNER S89'2555'E 565.00 ( , *% 565' 53 2 (C) - --—�,—- to 82] —--- -T2M Ras C)(0) E 2 - CALCPERRt NOT I B9 ' 253 56 (0)S.E.272ND ST(SR 516)SON 02555 c 781 TO (C) V19ffm THISSTgVEY SIXTH LINE OECTIINJ 2J J 13' iY IffNT1.0.NO.ISM SECTION 5'ECOS 6193jTO 1/4 (Q FROM OFORAOONPER LAT I PIPE,DOWN 25 )181TED 42W13 '... I AZURE I GREEN CONSULTANTS This page intentionally left blank. OFFICE OF THE LAND USE HEARING EXAMINER . KENT Theodore P• Hunter W.,s H i w c r o w Hearing Examiner COMMUNITY' FINDINGS, CONCLUSIONS AND DECISION DEVELOPMENT i Fred N. Satteistro-di" AICP; rectos;, ;y FILE NO: MALIK RIDGE PRELIMINARY PLAT #SU-2004-7 KIVA#RPP3-2042372 PLANNING SEkVICES charlene Anderson,AICP% APPLICANT: John Rutland Manager.:: Cramer NW, Inc. MatlingAddress:, 945 N. Central 220 Fourth Ave s Kent, WA 98032 Kent,WA98032-5895:=;�;';r Locaton.Add ress::; REQUEST: A request to subdivide 3.51 acres into 11 single- 4 oo west oowec: family residential lots and two tracts. l Kent,WA98032..: !, ip Phone:253866-5464; LOCATION: 13410 SE 272°d Street Fax:253.856.6454 APPLICATION FILED: July 14, 2004 DETERMINATION OF NONSIGNIFICANCE ISSUED: January 11, 2006 MEETING DATE: March 1, 2006 DECISION ISSUED: March 15, 2006 DECISION:. APPROVED with conditions STAFF REPRESENTATIVE: Chris Hankins, Planning Services PUBLIC TESTIMONY: Aleanna Kondelis, for Applicant John Ruegsegger Martin Owens EXHIBITS: 1. Staff report dated March 1, 2006 with the following attachments: Findings, Conclusions and Decision r'� s �s� Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat' )flCii #SU-2004-7 KIVA #2042372 CI TY OF r\C U1 Page 1 of 18 FoEF2ilr!T t ( ttl'(F i A. Preliminary Plat Application filed July 14, 2004, with Preliminary Plat Map (3 pages) dated November 17, 2005 B. Correspondence, including letters from Chris Hankins to David Malik dated April 25, 2005 and December 6, 2004, letters from Robyn Barlett to David Malik dated August 4, 2005, May 18, 2005, January 24, 2006, and October 13, 2004, letter from Larry Krueger to Beth Tan dated December 23, 2004, letter from John Rutland to Chris Hankins dated December 22, 2004, and letters from Beth Tan to Larry Krueger dated November 24, 2004 and July 20, 2004 C. Department Routing, including comments from Parks Department D. Public Notice Documents, including affidavits of notice, mailing list, and correspondence with King County Journal E. Notice of Application Documents, including affidavits of notice, distribution list, correspondence with King County Journal, notice of completeness dated November 4, 2004, and notice of incompleteness dated August 4, 2004 F, Mitigated, Determination of Nonsignificance (MDNS) dated January 11, 2006 and Environmental Checklist 2. Conceptual Compensatory Wetland Mitigation Plan by H&S Consulting, dated July 8, 2004, and Concept Mitigation Plan by B-12 Wetland Consulting, dated June 2005 and approved August 4, 2005 3. Preliminary Technical Information Report by Cramer Northwest Inc., dated June 28, 2004, and Revised Preliminary Technical Information Report dated August 24, 2005 4. Comment letter from John Ruegsegger dated March 1, 2006 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K1VA *2042372 Page 2 of 18 i FINDINGS 1. John Rutland of Cramer Northwest Inc. (Applicant) requested approval of a preliminary plat to subdivide 3.51 acres of land into 11 single-family residential lots and two tracts. 'The subject property is located at 13410 SE 272"d Street, Kent, Washington. Exhibit 1, Staff Report, pages 1-2; Exhibit 1, Attachment A. 2. The City of Kent determined the preliminary plat application to be complete on November 4, 2004. Exhibit 1, Attachment E. 3. The subject property is developed with a single-family residence. The residence would be removed from the Site. Exhibit 1, Attachment A, Preliminary Plat Map. 4. The subject property is zoned SR-6 (Single Family Residential, maximum gross density 6.05 dwelling units per acre). The gross density of the proposed 11-lot development would be 3.13 dwelling units per acre (11 lots r 3.51 acres = 3.13). Exhibit 1, Staff Report, page 2. 5. Lot standards applicable to development in SR-6 zone include a minimum lot size of 5,700 square feet and a minimum lot width of 50 feet. KCC 15,04.170; Exhibit 1, Staff Report, pages 2, 10 and 11, Each of the proposed lots would satisfy these standards. The lots would range from 6,423 to 9,736 square feet in area. The narrowest lots would be 51 feet wide, Exhibit 1, Staff Report, page 11; Exhibit 1, Attachment A, Preliminary Plat Map. 6, The City of.Kent Comprehensive Plan designation of the property is Single Family Residential, Six Units Per Acre (SF-6). The Comprehensive Plan contains goals and policies that support in-fill development near existing services and infrastructure, and the provision of a wide variety of housing types. Exhibit 1, Staff Report, pages 2 and 5. 7. The subject property contains three wetlands (Wetlands A, B, and C). Wetland A is a Category 3 wetland, requiring a 25-foot buffer. The on-site portion of Wetland A is 2,944 square feet in area. Wetlands B and C are Category 2 wetlands, requiring 50-foot buffers. Wetland B is 6,605 square feet in area, and Wetland C is 2,677 square feet in area. All of the wetlands have low function and value ratings. Exhibit 2, July 8, 2004 Conceptual Compensatory Wetland Mitigation Plan. The preliminary plat application filed July 14, 2004 was for a 13-lot development. Since then, the Applicant has reduced the requested number of lots to 11. Exhibit 1, Attachment A. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K/VA #2042372 Page 3 of 18 8. The City of Kent wetland.regulations in place at the time of complete application (KCC 11.05) allow applicants to modify Category 2 and Category 3 wetlands with mitigation. The Applicant proposes to fill Wetland C and a portion of Wetland B (5,685 square feet total), convert a 783-square-foot portion of Wetland B into wetland buffer (a "paper fill'), and use buffer averaging to reduce the Wetland B buffer by 3,476 square feet. As compensation for the wetland fill, the Applicant proposes to create 8,528 square feet of new wetland on the north and south sides of Wetland A and protect the created wetland with a minimum 25-foot buffer. As compensation for the reduced Wetland B buffer, the Applicant proposes to increase-the buffer on the south side of Wetland A by an additional 3,478 square feet. On August 4, 2006, the City approved the Applicanfs June 2005 Concept Mitigation Plan. Exhibit 2,.June 2005 Concept Mitigation Plan; Exhibit 1, Attachment B (August 4, 2005 letter from Robyn Bartelt); Exhibit 1, Staff Report, pages 7-8. 9. The subject property contains trees that are six inches in diameter or greater, Section 15.08.240 of the KCC requires such trees to be,retained unless removal of the trees is authorized by the Planning Department after review of a tree plan, Subsection 5 of the ordinance authorizes the Planning Department to require modification of the development plan to ensure the retention of the maximum number of trees. The Applicant has not yet submitted a tree plan. Exhibit 1, Staff Report; page 11; KCC 15.08.240; Testimony of Mr. Hankins. 10. Access to the plat would be from SE 272"d Street (SR-516), also known as Kent Kangley Road. Access to individual lots within the plat would be from a new private road constructed within a 30-foot-wide tract, Although private streets typically serve nine or fewer lots, the City determined that a private street is appropriate for the proposed 11-lot development due to the narrowness of the site, the relationship of the site to surrounding properties, and the wetlands. The private street has been reviewed and approved by the City Public Works Department, in consultation with the Fire Prevention Division and with Planning Services. The proposed access tract abuts the western property line. Exhibit 1, Staff Report, page 9; Exhibit 1, Attachment A, Preliminary Plat Map. 11. Two residents of a condominium development located immediately west of the subject property objected to the proposed private road location and requested that that the road be shifted to the east to provide a buffer of existing trees along the western plat boundary. The purpose of the request was to increase privacy, since some of the condominium buildings overlook the subject property. Testimony of Mr. Ruesgsegger, Testimony of Mr. Owens; Exhibit 4. 12. The Applicant submitted that the road could be modified to allow for a buffer. Although the preliminary plat map depicts a 30-foot-wide private road tract, the Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 4 of 16 required road width is 25 feet (20,feet of pavement and five feet of sidewalk). The 25-foot road width would allow for a setback from the property line. The road could be shifted even farther to east by reducing the depth of the adjoining lots. The lots exceed the City's minimum area requirements and could be reduced consistent with zoning standards. Testimony of Ms. Kondelis; Exhibit 1, Attachment A, Preliminary Plat.Map, 13. The City of Kent Comprehensive Plan designates SE 272nd Street as a Principal Arterial Street. City road standards require fully improved Principal Arterials to have 110 feet of right-of-way, 80 feet of asphalt pavement (seven traffic lanes), curbs and gutters, two ten- to twelve-foot-wide concrete sidewalks, a storm drainage system, a street lighting system, and public utilities. The existing street section provides between 75 and 110 feet of right-of-way and between 58 and 70 feet of pavement (five traffic lanes). The street is improved with a bus pullout on the south side of the street, curbs and gutters, sidewalks, and a storm drainage system. There is no street lighting system. Exhibit 1, Staff Report, pages 3-4. 14, The Department of Public Works has determined that the existing street section is adequate for current traffic volumes. Although street lighting is needed, construction of a street lighting system along the property frontage would require the relocation of high-voltage power lines. The City recommended that the Applicant pay $10,000 to the City (the cost to install a new service cabinet and two new street lights) in lieu of installing a street lighting system on the north side of the street, The money would be used towards the City's future installation of a street lighting system on the south side of the street. in addition to payment of the fee, the City recommended that the Applicant install street trees behind the existing sidewalk. Exhibit 1, Staff Report;pages 4 and 16. 15. The development is expected to add 10 new PM peak hour trips to the local street system. The Mitigated Determination of Nonsignificance (MDNS) issued for the proposal requires the Applicant to mitigate traffic impacts by (1) preparing a Traffic Impact Study and constructing those improvements necessary to raise the Level of Service of affected intersections above City standards; or (2) paying a fair share of the estimated construction costs of the City's South 272nd Street/South 277`h Street Corridor Project. Exhibit 1, Attachment F. 16. Kent School District No. 415 would serve the students generated by the development. Pursuant to KCC 12.13.160, each lot would be assessed an impact fee at the time of construction permit issuance to mitigate the impact of additional students on school district facilities. Exhibit 1, Staff Report, page 8. 17. The proposed development would provide safe walking conditions for students who walk to and from school. A sidewalk would be constructed along one side of Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KlVA #2042372 Page 5 of 18 the private access road. There are existing sidewalks on SE 272"d Street. The City submitted that pedestrian or vehicular connections to adjoining properties are not needed. Exhibit 1, Staff Report, page 9. 18. The King County Department of Metropolitan Services (METRO) .serves the subject property through bus routes on SE 272"d Street and a park and ride facility located on 132' Avenue SE. METRO was notified of the preliminary plat application but did not request additional transit improvements. Exhibit. 1, Staff Report,page 10. 19. Each of the lots would be connected to water service provided by King County Water District No. 111, and to sewer service provided by the City of Kent. Exhibit 1, Staff Report, page 10. 20. The Applicant proposes to detain and treat stormwater runoff from the site in a combined detention pond/stormwater wetland to be located along the southern site boundary. The facilities would provide Level 2 flow control and Resource Stream Protection water quality treatment. The facilities would release the treated runoff into the wetland tract at a controlled rate. Excess runoff would be conveyed to the existing storm system along the north side of SE 272°d Street. Exhibit 3, Revised Preliminary Technical Information Report. The City of Kent requested as a condition of preliminary plat approval that the stormwater design meet a Level 3 flow control standard for flows through a six-inch culvert to the east of the subject property. The City recommended Level 2 flow control for the remainder of the system. Exhibit 1, Staff Report, page 13. 21. Section 12,04.780 of, the Kent City Code requires developers to dedicate five percent of the site area as open space for parks or pay a fee in lieu of dedication. The Applicant proposes to pay the fee. The fee amount, based on current tax assessment records from the King County Assessors Office, would be $12,000.00, Exhibit 1, Staff Report, page 8. 22. The City of Kent acted as lead agency for review of environmental impacts caused by the proposal. The City Issued a Mitigated Determination of Nonsignificance (MDNS) for the plat on January 11, 2006, The MDNS contains two conditions (1) requiring the Applicant to submit a Traffic Impact Study and construct the transportation improvements called for in the study or pay an Environmental Mitigation Fee representing the project's fair share of the City's South 272"d Street/South 277th Street Corridor project, and (2) requiring the Applicant Install a wildlife passable fence and wetland information signs at the edge of the wetland buffer, The MDNS was not appealed. Exhibit 1, Attachment F; Exhibit 1, Staff Report, page 3. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 6 of 18 I I I 23. Notice of the open record hearing was posted on site on February 16, 2006; mailed to properties within 300 feet of the site on February 17, 2006, and published in King County Journal on February 18, 2006. Exhibit 1, Attachment D. CONCLUSIONS i Jurisdiction The Hearing Examiner has jurisdiction to hold a hearing on preliminary plat applications; to consider all evidence presented at the hearing; and, based on that evidence, to approve, disapprove or approve with conditions the preliminary plat. KCC 2.32; KCC 12.04; RCW 58.17. Criteria for Review The decision of the Hearing Examiner must be.supported by the evidence presented and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the KCC and Chapter 58.17 of the Revised Code of Washington (RCW). The review criteria include the following: A. Under KCC 12.04.635, no subdivision shall be approved unless the proposed subdivision: 1. Creates legal building sites, which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establishes access to a public road for each segregated parcel; 3. Has suitable physical characteristics (i.e. a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval); 4. If adjacent to another municipality or King County, takes into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Makes adequate provision for stormwater detention, drainage ways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary; and 6. Makes adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways. B. Under KCC 12.04.685(A), a proposed subdivision and dedication shall not be approved unless the City finds that: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 7 of 18 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; b. Protection of environmentally sensitive lands and habitat; G. Open spaces; d, Community parks and recreation; e. Neighborhood tot lots and play areas; f. Schools and school grounds; g. Drainage ways; h. Stormwater detention; L Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; k. Transit stops; I. Potable water supplies; M. Sanitary wastes; n. Other public utilities and services, as deemed necessary; and 2. The City has considered all other relevant facts; and 3. The public use and interest will be served by the platting of such subdivision and dedication; and 4. The City has considered the physical characteristics of a proposed subdivision site. These criteria as set forth in the Kent City Code are essentially identical to those in the Revised Code of Washington, These criteria must also be met by the application before a decision of approval can be made. RCW 58.17.110 requires that: Appropriate provisions must be made for the publlc health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public interest must be served by the subdivision. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K1VA#2042372 Page 8 of 18 i Conclusions Based on Findings 1. With conditions, the proposed development is consistent with the provisions of KCC 12.04 and RCW 58.17A10. A. With conditions, the proposed development would comply with the standards set forth in KCC 12.04.635. The subdivision would create legal building sites, each with access to SE 272o6 Street via a new private road, With mitigation of wetland impacts in accordance with the approved mitigation plan, the subject property would have suitable physical characteristics for residential development. Adequate provision would be made for stormwater detention, water, and sewer. The internal street and sidewalk would connect to SE 272"d Street. Further street connections would not be appropriate for this development. Findings Nos. 4, 5, 7, 8, 10, 13, 17, 19 and 20. B. With conditions, appropriate provisions would be made for the public health, safety, general welfare and all other items Identified in KCC 12,04.685. The proposed private street improvements and payment of mitigation fees would provide for public safety and mitigate the traffic impacts of the development. However, a condition is needed to ensure that as many trees as possible are preserved along the western plat boundary. Such condition would promote the general welfare by providing a buffer between the private street and the adjoining residential development, and would be consistent with the City's tree retention standards. The wetlands on site would be protected in accordance with City ordinances and the approved mitigation plan. Open spaces would be provided within the wetland and drainage tracts. The development's impact on community parks would be mitigated through payment of a fee in lieu of dedication, and its impact on schools would be mitigated through payment of impact fees at the time of construction permit issuance. Stormwater runoff would be treated and detained on site in accordance with City standards. Appropriate provision would be made for sidewalk connectivity. Adequate facilities would be provided to ensure safe walking conditions for students walking to and from school. Transit service would be available to residents through bus routes on SE 272"d Street and a nearby Park and Ride facility. Water and sanitary sewer service would be extended to each of the lots. The physical characteristics of the site have been considered, and such characteristics would not prevent development of the site as proposed. Findings Nos, 7-22 Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 9 of 18 C. Based on the above conclusions, the requirements of RCW 58.17A 10 have been satisfied. DECISION Based on the preceding Findings and Conclusions, the request for approval of a preliminary plat to subdivide 3.51 acres of land into 11 single-family residential lots is GRANTED, subject to the foilowing.conditions' A. PRIOR TO RECORDING THIS SUBDIVISION: 9: The Owner ! Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference andlor prior to recording this plat, whichever comes first. 2. The:Owner,l Subdivider shall provide Public Works with a digital plat map prepared with a, CAI program,'The digital information can be formatted in either *.DWG .(AuwCad) or *.DXF (Drawing Exchange File), but must be based-upon State Plane coordinates: an assumed coordinate system `is not permitted. The State Plane Coordinates shall be on the NAD 83/91 -datum,and relate to at least two City of Kent reference.points within one half mile of:the subdivision. In' addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The elevations of these benchmarks will be reported at the time as-built drawings are-submitted along with field notes sufficient to verify their accuracy. 3. The Owner ! Subdivider, shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the existing public 8 inch sanitary sewer system constructed within the right-of-way for Kent Kangley Road / SR-516 and shall be sized to serve all off site properties within the same service area; in addition, the sanitary.sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 10 of 18 The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. This development will be served by Water District #111 and will be constructed to Water District#111 standards and specifications. Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology. C. A stormwater system, The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans are given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included with the engineering plans. The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and Planning Services approved Detailed Tree Plan (3) The retention / detention and release standard that will be met by the subdivision is Level Three through the 6-inch culvert on the property directly to the east and a Level Two will be sufficient for the remaining analysis. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat 4SU-2004-7 KIVA#2042372 Page 11 of 18 (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention I detention tract is large enough to contain the required minimum stormwater storage volume and water quality facility. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and their buffers. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer. to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) Roof downspouts for each roofed structure (house, garage, carport, ' etc.) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMP's. , in Appendix C to the King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS, (7) If determined necessary by the Public Works Department based- on the required downstream analysis, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 12 of 18 (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the . 1998 King County Surface Water Design Manual, Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance.Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading. Plan for the entire. subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. e, A Wetland Mitigation Plan meeting the requirements of the City of Kent Wetlands Management Ordinance, and City of Kent Development Assistance Brochure #10, Wetland Mitigation Plans. These plans shall pursue avoiding or minimizing impacts to wetlands to the maximum extent possible by analyzing alternatives that would avoid the impact, as stated in Kent City Code, Section 11.05.120 - Avoiding wetland impacts. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 13 of 18 f. Interim Street Improvement Plans for Kent Kangley Road I SR-516 along the entire property frontage thereon. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6- 8, Street Improvement Plans, for a street designated as a Principle Arterial Street by the City of Kent Master Plan of Roadways. Initial guidance for the necessary interim street improvements is given below: (1) in lieu of constructing a City-approved street lighting system along the subject street frontage — which would require the relocation of high-voltage power lines — the Owner / Subdivider shall instead provide the City with $10,000 (the cost to install a new service cabinet and two new street lights), and the City will install the street lighting system along the south side of Kent Kangley Road I SR-516 when the City has collected enough money to fund that street lighting system. (2) Street Trees installed behind the existing cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure 414, City of Kent Street Trees, g. Street Improvement Plans for the new.Private Residential Street connected to Kent Kangley Road and terminating with a permanent approved turnaround at its northerly terminus. This private street shall serve all 11 lots in this subdivision because any future extension for connectivity has been determined not to be feasible due to adjacent sensitive areas to the north. The Street Improvement Plans for this private street shall be designed in conformance with the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a private street 20-feet wide. Initial guidance for these street improvements is given below: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 14 of 18 (1) A 5-foot wide cement concrete sidewalk along the east side of the private street. A 5-foot wide sidewalk is suggested, but not required, along the north side of the approved private turnaround. (2) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, except where additional width is required by the Fire Marshal for emergency access. (3) A private stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (4) Pavement, radii of 30-feet, at the intersection of the Subdivision Street and Kent Kangley Road / SR-516, and at the approved turnaround. (5) Unless additional HMA pavement width is provided for parking, this minimum width private street shall have pavement markings and traffic signs installed which clearly designate both sections of this private street as Fire Lanes, j where no parking will be permitted. (6) The private street shall be centered within a private roadway tract or easement that is at least 1-foot wider than the total paved width of the private street. 4. The face of the final plat will clearly identify the private street and which lots will be served by the private street. The face of the final plat will also specify that the maintenance of the private street is the sole responsibility of the property owners who are served by the private street. 5. Direct vehicular access to and from lots having frontage along Kent Kangley Road / SR-516 is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG KENT KANGLEY ROAD / SR-516 IS PROHIBITED, ACCESS FOR THESE LOTS IS RESTRICTED TO THAT PRIVATE STREET SHOWN ON THE FACE OF THE FINAL PLAT. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 15 of 18 6, The Owner I Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 7. The Owner I Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and its buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetiand Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner / Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS I EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND INCLUDING SURFACE WATER J MAINTENANCE OFF SLOPE STABILITY, VISUAL ANDA AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT, THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE EBY ILL REMOVED TI RITHIN E TRACT MAY NOT BE CUT,OR DAMAGED P D WITHOUT APPROVAL COVERED N WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 16 of 18 I NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND i CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 8. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 9. Break-away mailbox clusters shall be installed at locations and per standards approved by the US Postmaster and the City of Kent Public Works Department. 10, The Owner/Subdivider shall submit for review and approval and obtain appropriate permits to demolish or relocate existing structures in compliance with Kent City Codes, 11. The Applicant shall obtain City approval of a tree retention plan pursuant to KCC 15,08.240. The tree retention plan shall provide for the retention of trees along the western plat boundary to enhance the vegetation buffer along the property line. Tree retention along the western plat boundary shall be deemed feasible if it can be accomplished through adjustments to the private street corridor or reduction in depth of proposed lots. No adjustments to the private street corridor shall be required that would cause the private street or the adjoining lots to fail to comply with other applicable City standards. B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER 1 SUBDIVIDER SHALL: 1. Record the Plat. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 17 of 18 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E-1, As- Build Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City. DATED this 15th day of March 2006. THEODORE PAUL HUNTER Hearing Examiner i II Findings,Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 18 of 18 i I KENT Agenda Item: Consent Calendar - 7M TO: City Council DATE: March 4, 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. 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: NAY: BUDGET IMPACTS: 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 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 KENT Agenda Item: Consent Calendar - 7N TO: City Council DATE: March 4, 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: NAY: BUDGET IMPACTS: 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 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: KENT Agenda Item: Other Business — 8A TO: City Council DATE: March 4, 2014 SUBJECT: Consultant Services Agreement with Karras Consulting - Authorize MOTION: 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. SUMMARY: On September 17, 2013, Council directed Human Resources to conduct a recruitment for the Finance Director. After developing a thorough recruitment plan, which included ads in the Seattle Times, online job boards (CareerBuilder, AICPA), government finance websites (GFOA), government job sites (ICMA, AWC) and direct emails to regional finance chapters (WFOA) across the state, the city has received 22 applications. Of those 22, none had experience as a finance director in a comparable city. We are just unable to reach the right type of candidates —happily employed high performers, because they are not actively in the job market. In addition, the Mayor wishes to conduct a national search for a Chief Administrative Officer (CAO). We face the same problem as described above. With that in mind, several firms were contacted to provide proposals for the CAO recruitment. We received proposals from five firms. Again, Karras was chosen because of the breadth of their recent works (see attached proposal). Based on the failure to attract highly qualified candidates, I wish to combine both searches with Karras Consulting at a price not to exceed $60,212, plus limited travel costs for select applicants. EXHIBITS: Karras Consulting Chief Administrative Officer Proposal RECOMMENDED BY: None BUDGET IMPACTS: None This page intentionally left blank. 11 KARRAS CONSULTING ���µiomm000m � vr.>�,...o�o• City of Kent Recruitment Services for a Chief Administrative Officer KARRAS CONSULTING V�"R,li ° Ilvq ro'N�: II rW�i II, ,vdSA'L+ S Afi,, tl'I Itl I'flIu':7n Y6086/ .V ffl.iI;.V Illrrtu rub° utl+amo�ou,d�xlW rrn s�;i ��xo,o,u8*'our}„.ur�N: VAdVrr;7,r.pc; rrr rS 1: 1ix`xi,sou8*oau 12 KARRAS CONSULTING January 6,2014 Dear Ms. Patterson, Thank you for the opportunity to submit a proposal to perform executive search services for the City of Kent. The following information is intended to lay out our approach and how our firm can best assist in the search for your new Chief Administrative Officer. We work exclusively with public sector clients and have been providing executive search services for more than 25 years. We are uniquely qualified in that we have been in human resource leadership positions and understand the nuances of running large and complicated organizations. We offer three important characteristics you will require in an executive search consultant: 1. Long-term sustained and successful experience in providing executive search services and filing very visible executive positions for the public sector. 2. We do not exclusively recruit for municipal government executives. Therefore, our candidate repository is broader, consisting of a proprietary viable pool of more than 2,000 highly qualified and successful municipal govermnent, general govermnent and private sector executives. 3. Your search will be conducted by me, the CEO, not assigned to an associate. I was the Washington State Hunan Resources Director for eight years serving under the previous two governors. As the highest-ranking human resource executive in Washington State government, I have been involved in the recruitment and selection of hundreds of local govermnent executives and agency directors. Last year, Governor Inslee, selected Karras Consulting to conduct the recruitment and selection of his top cabinet agency directors to include the Director of the Health Care Authority (responsible for state implementation of ACA), the Director of the Department of Health, Secretary of the Department of Transportation, Directors of the Departments of Social and Health Services, Labor and Industries, Employment Security, Information Technology and others. In addition, new Seattle Mayor Ed Murray has retained us to conduct the recruitments for his top department directors to include the Director of Hunan Services and Director of Transportation. Through these efforts we have talked with and interviewed hundreds of top executives throughout the Pacific Northwest and nation. As a result we have a current pool of qualified candidates who may have an interest in this position or know of others who are well qualified. We employ state-of-the-art techniques and technology to conduct your search. Video conferencing is used to screen out- of-area candidates, saving travel costs and other associated expenses. In addition, while we recruit nationwide, we have an unparalleled understanding of the Northwest employment market. Our strong local connections to the region are more important than ever in today's economy. We specialize in executive level searches. We have developed long-lasting relationships with clients and are proud that over 90% of our work is repeat business and referrals from satisfied customers. Our firm is in an excellent position to provide the balance and comprehensive approach that will identify the truly exceptional candidates who will have the leadership and vision to execute the City of Kent's strategic plan. We are more than a search service; we are experts in public sector recruitment, partners you can depend on to find the right professionals to meet your needs. Best Regards, Dennis Karras, CEO III'AF"bMlad",;.OP'4"riW.�"IIW',4G I ,Jpwr all: Nkq iNY 11a hii ura 1111 ;o7 ur ,oiidlYd4ow; �� 13 KARRAS CONSULTING Your Search Team Karras Consulting is a father/daughter firm located in Olympia, Washington specializing in providing customized executive search services. We are both fully engaged in the executive search process for the duration of the project. Our philosophy is to not compromise the quality and outcome of our work by taking on too many recruitments at one time. The lead consultant for the Chief Administrative Officer will be the CEO of Karras Consulting, Dennis Karras, who will have primary responsibility and final authority for all work Marissa Karras will be the associate consultant providing project support. Dennis Karras, SPHR—CEO and Lead Consultant Address: 1802 Black Lake Blvd SW,Suite 101 Olympia, WA 98512 E-Mail. dennis(aJkarrasconsulting.net Phone: 360.867.1410 Dennis has more than 25 years of state government executive and legislative experience, including 10 years as the State Director of Personnel under two previous Governors. As a member of their Executive Cabinets, he administered the statewide human resource management system covering approximately 90,000 employees in state agencies, colleges and universities. From 1993 to 2001, he oversaw Washington State's Executive Search Services providing solutions for public agencies seeking dynamic executive-level leaders. During this time, Executive Search Services successfully placed over 300 executives in state and local government, higher education, and boards and commissions. For the previous 12 years Dennis was the Committee Staff Director for the Washington State House of Representatives' Non-Partisan Budget, Research and Legal Departments. Dennis also served more than six years as the Senior Vice President of Human Resources for the $1.4 billion Washington State Employees Credit Union, the second largest not-for-profit credit union in Washington State. Dennis has personally conducted hundreds of executive search recruitments during his career. He has an undergraduate degree in liberal arts and a certificate from the University of Michigan's Graduate School of Business advanced Human Resource Executive Program and is certified as a Senior Professional in Human Resources by the Society for Human Resource Management. Marissa Karras,Vice President and Associate Consultant Address: 1802 Black Lake Blvd SW,Suite 101 Olympia, WA 98512 E-Mail. marlssa@karrasconsulting.net Phone: 360.956-1336 k y Marissa has extensive experience in the areas of executive recruitment and compensation. As a project manager for Karras Consulting during the past seven years, she has played a key role in coor inating executive searches and developing compensation strategy. Prior to joining Karras Consulting, she was a public relations and marketing director in the high tech industry. She has also worked in human resources for both the Washington State Department of Fish and Wildlife and the Office of the Superintendent of Public Instruction. Marissa is a 1999 graduate of the University of Washington Foster School of Business. IIKARR!1S d';.d"uN"riB„PN„'flH114G I ,Iper faii Pkq :PM dH'ldiPtaaH 7f:➢ n 14 KARRAS CONSULTING Executive Search Experience We conduct executive searches for elected and appointed officials throughout the Pacific Northwest. We have conducted many searches for sizeable and complicated organizations. Listed below is a sampling of our recent experience conducting nationwide recruitments for executive level positions. Director of the Department of Transportation, City ofSeattle Executive Director, Puget Sound Regional Council Planning and Development Director, Metro Regional Government Jail Bureau Chief, Pierce County Sheriffs Office Director ofParks, Arts and Recreation, City of Olympia President and CEO, SAIF Corporation Director of Community Services, Multnomah County Director ofHuman Resources, City of Tigard Assistant Director ofHR, Washington State Assistant Director ofLocal Government, Washington State Department of Commerce Director, Washington State Department ofLabor and Industries Director of the Office ofEmergency Management, Multnomah County Secretary, Washington State Department of Transportation Director of Community Services, Multnomah County Chief Financial Officer, Washington State Department ofEmploymentSecurity Director, Washington State Department ofEcology Secretary, Washington State Department ofSocial and Health Services Commissioner, Washington State Department of Employment Security Executive Director, Puget Sound Regional Council Business Resource Center Director, King County Assistant Director, Washington State Department of Commerce Director ofHuman Resources, Pierce County Director, Washington State Health Care Authority Director ofEmergency Management, Pierce County Deputy CIO, City of Seattle Senior Engineer, PSCAA Deputy Director of Budget and Finance, Pierce County Prevention Division Director, Seattle &King County Public Health Pierce County Government Relations Manger Director ofSolid Waste, King County Department ofParks and Natural Resources Executive Director, Washington State Council of Presidents IIKARR A',a d';.d"uN"riB„PN„'flH114G I ,jper fail: inn in dH'ldiPtan H 7f:➢,ihr "mild h4iPY; II 15 KARRAS CONSULTING Chief Economist, Washington State Economic and Revenue Forecast Council President, Bates Technical College Executive Director, Lodi Winegrape Commission Planning and Land Services Director, Pierce County Executive Director, Washington State Wine Commission Executive Director, Washington State Public Disclosure Commission Director ofHuman Resources, City ofSeattle Director ofBudget and Finance, Pierce County Human Resources Director, Sound Transit Emergency Medical Services Director, Seattle King County Public Health Chieflnformation Officer, South Puget Sound Community College Human Services Director, Snohomish County Community Connections Director, Pierce County Road Services Division Director, King County Department of Transportation Director ofAir Quality Programs, Puget Sound Clean Air Agency Assistant Director, Community Services, Washington State Department Of Commerce Director of Community Partnerships and Communication, Seattle &King County Public Health Chief of Assessment and Policy Development Seattle &King County Public Health Director of Performance Measurement, Puget Sound Health Alliance Executive Director, Puget Sound Clean Air Agency Executive Director, Washington State Higher Education Coordinating Board Facilities Director, Pierce Transit Assistant Medical Examiner, Snohomish County Director oflnformation Technology, Pierce County Chief Medical Examiner, Pierce County Design and Construction Manager, King County METRO Deputy Director for Policy, Planning and Research, HECB Planning and Development Services Director, Snohomish County Director, Tacoma-Pierce County Health Department Structural Engineer, King County Department of Transportation, Road Services Division Pipeline Safety Director, Washington State Utilities And Transportation Commission Director of Licensing and Regulation, Washington State Liquor Control Board Human Resources Manager, King County METRO Ch ief Information Officer, Office Of The Superintendent Of Public Instruction Director oflnformation Services, Snohomish County IIKARR A',a d';.d"uN"riB„PN„'flH114G I ,jpwr faii nq in dH'ldiPtan N 7f:➢,ihr "mild h:OW; ��� 16 KARRAS CONSULTING Example of a recent City Manager search: We recently conducted an executive search for the City Manager of Mill Creek, Washington. Mill Creek has a population of 18,459 residents. The City operates in a Council- Manager form of government with individual department heads reporting to the City Manager. There are seven city council seats. The council selects one of its members to preside over meetings and serve as mayor. The City has five primary departments with a total workforce of 66 FTEs. Throughout the various stages of the recruitment we worked closely with the City Council We assisted them to define the core competencies of the position and refined the skills, abilities and qualities they were looking for in the ideal candidate. We conducted an international search that yielded 67 candidates. Subsequently, we screened this group through resume evaluation and preliminary interviews to an "A" and `B" list. After careful review the Council selected seven candidates to move forward as semi-finalists. Two finalists were selected by the Council to move forward for final interviews and a public reception. A well-qualified public sector executive from the City of Seattle was ultimately selected. The recruitment was on time and within budget. Scopeof The objective of this project is to assist the City of Kent in its national search effort for a Chief Administrative Officer. Our mission is to not simply search for a Chief Administrative Officer, but rather an extraordinary leader with the technical skills, ethics, integrity and experience to maintain and enhance the City's reputation. Karras Consulting's Executive Recruitment Model Mayor City Council Staff and Stakeholder Meetings Core Competencies and Desireable Qualifications Job Announcement Design Timeline and Advertising Strategy rrruurr uuuur uuuur ark �/r uuuur uuuuri vie uuuur urn Targeted Recruitment and Networking d�,d�,d�, ,N �d�d�d �•.,n d�d�d d�d�d�d�dn Ongoing Client and Applicant Communications I Preliminary In Person and Videoconference Interviews ........................................... ,,,,,, ,,,, � ,,,,,,.. ,,,,,,.. ,,,,,,.. Recommendation of Semi Finalists Develop interview questions and proccesses Facilitate Panel Interviews ,na,,,,,,,,a,,,,,,,,a,,,,,,,,a, Reference Education Verification and Criminal Background Checks eo.eo.eo eo.eo.eo, eo.eo.eo, o.eo.eo.. eo.eo.� � eo.eo.eo eo.eo, roo �r. Facilitate Public Reception and Finalist Interviews Candidate Selection IIW°bMS d';.d"ud'NSB..PN.'flH114G Hil aaa iH 7f:➢,ihr i�n�ld lY+4 irl'dff 17 KARRAS CONSULTING Pre-Search Activities and Project Review: A successful recruitment results from a logical and comprehensive plan linked to a strong working relationship and communications between the executive recruiter and the client. The following elements of the pre-search activities and project will be reviewed with you: • Project timeline and deliverables • Scope of work • Total compensation package and current market rates • Determine key stakeholders • Identify ideal candidate qualities and competencies Strong communication is essential for a successful recruitment. We will meet with City Officials, the Project Manger and others throughout the process. We provide comprehensive weekly written updates to keep you apprised of the progress of the recruitment. We are easily accessible at all times during the recruitment to answer questions and provide updates. We are readily available to meet in person. Developing the Chief Administrative Officer candidate profile: The objective of this project is to assist the City of Kent in its national search effort for a Chief Administrative Officer. Our mission is to not simply search for a Chief Administrative Officer, but rather an extraordinary leader with the technical skills, ethics, integrity and experience to maintain and enhance the City's reputation. We will work with you to establish the candidate profile and qualifications of the new Chief Administrative Officer. We will begin with a review of the duties of the position. The purpose of the review is twofold: First, it will allow us to gain a comprehensive understanding of the day-to-day duties, ongoing roles, and strategic responsibilities of the Chief Administrative Officer. This is vital to identify the qualities and experience required in successful candidates. Second, the review enables our firm to provide direct input to the applicability of the current components of the job description, desirable qualifications and performance standards. Once we have a firm understanding of the job description, organizational culture, desirable qualifications, performance dimensions and key competencies of the Chief Administrative Officer, Karras Consulting will develop the candidate profile for your approval. All candidates will be measured by this profile. Soliciting Input: An important step in our pre-search activities is to meet with the City Officials, staff and citizens to brainstorm the skills, abilities,knowledge and qualities necessary to succeed as the Chief Administrative Officer. In the first weeks of the recruitment we will interview key City personnel and meet with key community stakeholders whose insights are deemed critical to the process so we can gain perspective to help us best represent the opportunity and assess potential candidates. This will help us to complete the overall picture of your organization. Finding Qualified Candidates: Generating a diverse and qualified pool of applicants means reaching out to those looking for new opportunities in addition to capturing the attention of outstanding individuals who are not "on the market." One of our key strengths is identifying and recruiting individuals who are satisfied in their current roles and not actively looking for a new job, but would be an excellent fit for the Chief Administrative Officer. IIHARR!1S d';.d"uN"riB„PN„'flH114G I ,Iper ff'011 Plr iPM dH1l PtaaH 7f:➢lhr 1 18 KARRAS CONSULTING Design advertising strategy. We go above and beyond the traditional job boards and print media advertising methods. We maintain an extensive candidate database. None-the-less we are experts at industry specific job boards and are able to maximize advertising resources by recommending best choices. Networking Our advertising and networking capabilities are extensive. We rely heavily on personal contacts to find the very best candidates. When interviewing key staff, similar organizations and partners, we obtain important information about what qualities to look for in prospective candidates. Diversity Our team has established external outreach networks to support your organization in reaching a diverse pool of candidates. We go out to a broad list of local and national diversity recruitment sources and as a 10-year member of the Governor's Affirmative Action Program Committee, we have developed relationships with a wide range of diverse individuals and organizations. We have a proven track record of providing diverse candidates to our clients and we feel it is important that the candidate pool reflect the diversity of the City of Kent. Recruiting Tools: Tools we would utilize to recruit for the Chief Administrative Officer include: • Posting the job announcement on the Karras Consulting website which receives thousands of hits each month. • Job announcement e-mailed personally to hundreds of qualified public and private sector executives from our proprietary candidate database. • Use social media such as Linkedin and Twitter to promote the Chief Administrative Officer opportunity. • Place personal phone calls directly to highly qualified executives who are currently employed and not actively searching for anew job. • Place ads with online job search engines, professional associations, trade publications, diversity groups, journals and other print media. Candidate Screening: Accept applications and resumes Many people look good on paper. Others interview extremely well. But how can you judge who will really fit into your organization's vision and culture? We will help you evaluate the candidates' ability to walls the talk. We do not wait for the application deadline to pass before we begin the screening process. We evaluate applicants as they apply and use in-person,video conference and telephone interviews to screen candidates. All candidates who appear qualified on paper are interviewed by Karras Consulting in order for us to learn more about their experience, skills, education, management style and philosophy. All of this information is then compared to the pre-determined attributes and core-competencies necessary to excel as the Chief Administrative Officer. We spend a significant amount of time on this part of the process, typically interviewing about 25%-35% of the candidate pool, in order to bring you the best qualified candidates. We communicate with every candidate to notify them their application materials have been received and also to update them on their status as the recruitment progresses. IIHARR!1S d';.d"uN"riB„P flIIW14G I ,Iper ff.ii Pkq :PM dH1l PtaaH 7f:➢lhr it n�l,vi(d4�PI'!i'' 19 KARRAS CONSULTING Joint screening of applicants Our selection process is designed for you to participate in the screening process at key points during the recruitment. The three main opportunities for joint screening are: 1) Review of all candidates, 2) Review of"A" and`B" list recommendations and 3)Panel and Finalist interview processes. Prepare written summaries of candidates' qualifications Karras Consulting will meet with you to review the backgrounds of a selected 8-12 pre-qualified prospects—the "A" and`B" list. We provide written reports on each candidate's education, experience and qualifications. In our experience, at least four to six of those individuals are selected to move forward as candidates. Preliminary Screening Panel: We assist you in developing appropriate processes,resources and materials for use in selecting candidates as finalists. We offer our expertise in putting together a preliminary screening panel that is typically made up of no more than six to eight individuals with a mixture of City Officials, stakeholders and staff. We help to design appropriate and behaviorally based, content valid interview questions. We will draft recommended interview questions for your review. The more methodical and systematic the interview process, the more likely it is to produce the kind of information needed to make good judgments about an individual's chances for success. We feel tasking semi-finalists to deliver a 15-minute power point presentation based on a pre-exposed question plus another 45 minutes spent answering job related questions around the core competencies of the position produces the best opportunity to assess candidate knowledge, skills and abilities. Liability releases are required of all viable candidates to limit exposure to legal liabilities. Finalist Interviews and Candidate Selection: The objective of the final interviews is to observe candidates in various settings and determine how likely they are to succeed in the Chief Administrative Officer position and fit into your workplace. Public Reception We suggest holding a reception the afternoon or evening before the final interviews to give elected officials, employees, stakeholders and the public an opportunity to get to know the candidates. We recommend an environment that permits each candidate to make a short presentation and answer relevant pre-screened questions. Final interviews We design interview questions that will reveal pertinent information about each candidate's ability to meet the core competencies of the position. Questions are constructed to meet EEOC guidelines. All materials (application, resume, cover letter, salary history and supplemental responses) are included in booklets that are provided in advance to the panel. Perform comprehensive background checks of finalists(s) A thorough background check is critical because it provides an overarching picture of the behavioral pattern of the candidate. It is our practice to go beyond references listed on the resume. We find that candidate supplied references provide less balanced information about the candidate than information acquired from other IIKARR!1S d';.d"ud'NSB..PN.'flH114G I ,Iper fCl ii rkq ::Pk H'l,ia aH 7f:➢ n Y II 20 KARRAS CONSULTING supervisors,peers and subordinates. We go deeper, and consequently provide a more complete picture of each candidate's strengths and challenges. We provide you with a comprehensive, written report for each finalist that reveals the background information we have gathered which is linked to the job's key competencies. We also conduct a thorough criminal background check Employment Offer: After the City has selected the top candidate we are available and would welcome the opportunity to assist in negotiating the employment agreement. Project Schedule: Below is an estimated project schedule for the Kent Chief Administrative Officer recruitment. We are available to begin the search in early March. Week 1 2 �S 4 5] 6 78 9 10,! 11 12.i Phase I ✓ Meet with Mayor and staff ✓ Touch base with stakeholders ✓ Review job descriptions ✓ Design candidate profile and recruitment brochure Phase II ✓ Recruitment strategy and timeline ✓ Advertising plan Phase III ✓ Identify and develop the content of screening interviews ✓ Panel makeup ✓ Interview questions Phase IV ✓ Commence national recruitment ✓ Place advertisements ✓ Target potential candidates ✓ Assess candidate pools(ongoing) ✓ Karras Consulting conducts screening interviews Phase V ✓ Review candidates with Mayor ✓ Recommend A and B list candidates ✓ Conduct semi-finalist interviews ✓ Conduct background reference checks ✓ Conduct finalist interviews ✓ Public reception with finalists ✓ Present candidate profiles and confidential background reports ✓ Candidate selection ✓ Negotiate employment package IIH'AF"bMla d",;.ON"riW.l"IH'iG I ,Ipwr ff ii: iml in dI:.fldir an iH form ,oinlYd4OW; 21 KARRAS CONSULTING References Kathy Nielson Mayor Pro Tem, City of Mill Creek Phone: 425-286-5050 Immillcreek@gmail.com Pat McCarthy County Executive,Pierce County Phone: 253-798-6602 pmccart@co.pierce.wa.us Joni Earl CEO, Sound Transit Phone: 206-398-5012 j oni.earl@soundtransit.org Kelly Wicker Director of Internal Affairs, Office of the Governor Phone: 360-902-0612 kelly.wicker@gov.wa.gov Maryann Renzi Director of Finance, Technology and Development, Puget Sound Clean Air Agency Phone: 206-689-4041 maryannr@pscleanainorg Our firm is unique in the industry in that our clients do not incur hidden fees. Karras Consulting works for a flat fee on a retained search basis. You know before you hire us exactly what the fixed costs of your search will be. That is dramatically different from search firms that quote a low initial fee but add charges for every action related to the search. • Our total professional fee for executive recruitments is 20% of the top range of the salary for the position. All related tasks required to successfully complete this recruitment including: all position advertising, e- recruiting, print media, trade journals; on-site visits; client correspondence; targeted recruiting; interviewing; coordinating candidate travel; professional reference checks; printing of documents and materials; preparation of interview booklets; delivery and postage expenses; consultant travel and related expenses and criminal checks are included in this cost. Fees and Expenses paid by client. • Travel and related expenses for out-of-state candidates IIHARR!1S d';.d"uNSB„ flIIW^14G I ,Iper faii Pkq :PM dH1l Ptaa H 7f:➢ n it n�ld lY d4 API"r' ��� 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 ACTION AFTER EXECUTIVE SESSION CITY OF KENT City Council Meeting Agenda I�� mt U r rt r m March 4, 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 4, 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 B&O Project List Tim LaPorte 10 min Riverbend Golf Complex Jeff Watling 80 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. Oath of Office, Councilmember Fincher B. Public Recognition C. Community Events D. Legislative Update E. 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. Excused Absence for Councilmember Berrios D. B&O Tax Exemptions and Deductions Ordinance — Adopt E. New Water Superintendent I Classification - Approve F. Position Change from Supervisor to Special Projects Manager — Approve (Continued) COUNCIL MEETING AGENDA CONTINUED G. Consultant Agreement for the Green River Trail Projects from Veterans Drive to Three Friends Fishing Hole — Authorize H. Land 0' Frost Donation Agreement - Authorize I. 2014 Washington State Slo-Pitch Umpires Association Agreement - Authorize J. Fire Station #74 Data Center Remodel Agreement with Dutton Electric Company, Inc. — Authorize K. 2013 Fourth Quarter Fee-in-Lieu Funds — Accept L. Malik Ridge Final Subdivision Plat — Approve and Authorize M. Boeing Company - Release and Cancellation of Sanitary Sewer Easement — Approve N. Boeing Company - Release and Cancellation of Public Turnaround Easement — Approve 8. OTHER BUSINESS A. Consultant Services Contract with Karras Consulting — Authorize 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. !. -i T nv D Od * 1D a _0 < nD d n N ;aa -0o-o o N co M m � � � m RI m 'w° o o � m m 3 0 � o M M m i x w � � � � a a ° way » co a o 0 M s a I a N v� S n - u�i n. 4 0 " m J o o ?. w m ^ m v; m O n ff n n 4 m J D rt rt o �; a m J m n 4 fD a rr a '< 01 n • VI S tt ^ U n oo<i 0 n Q 0 d C N J m m m J S o m < �E o E �D 'o `� j, to m m n m m o m -o m ,� a , Sao a J p N3 n_ Nn 7N7 G a n0 -iH (7 In p� UI rt N N N G O S ,�. N Q W.< ^ W`G rt O J O c M d n C o 0 o W n A n n N n 2 m '^ m D > - S � 4n O' ff O ^ J < O 3 m w < .. O n O J N N N 1 N O N C = N a tt C m O N O J C O ^a 1 7 N . < D 9 ^. J 3 N tin n 0 < ¢> � V m ti O c O = m Q ° v3 z• QL QL M V m O O � 3 0 v 3 v 3 0 W m 3 0 0 v 3 m Off � o o m o o m m a o o n ° w w o m s a 0 n � m s Gan d cP m '^ c N J - O m J Q d m � O m o � 1 3 3 M 3 a � I � a � � 1°. m W =, F I T a - a J m = a J O R a m � 3 < a J 13 3 J v, m Jn. 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COUNCIL WORKSHOP 1) B&O Project List 2) Riverbend Golf Complex 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) Oath of Office, Councilmember Fincher B) Public Recognition C) Community Events D) Legislative Update E) 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 N. 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 January 15 and paid on January 15 after auditing by the Operations Committee on February 18, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 1/15/14 Wire Transfers 5728-5745 $1,988,546.41 1/15/14 Regular Checks 67950-679925 $1,295,854.08 Void Checks $0.00 1/15/14 Use Tax Payable $6,499.05 $3,290,899.54 Approval of payment of the bills received through January 31 and paid on January 31 after auditing by the Operations Committee on February 18, 2014. Approval of checks issued for vouchers: Date Check Numbers Amount 1/31/14 Wire Transfers 5746-5765 $1,679,770.09 1/31/14 Regular Checks 679926-680427 $6,813,860.57 Void Checks ($2,303.88) 1/31/14 Use Tax Payable $193.46 $8,491,520.24 Approval of checks issued for payroll for January 1 through January 15 and paid on January 17, 2014: Date Check Numbers Amount 1/17/2014 Checks 334085-334221 $71,832.03 Voids and Reissues 1/17/2014 Advices 324082-324704 $1,454,329.89 $1,526,161.92 Approval of checks issued for payroll for January 16 through January 31 and paid on February 5, 2014: Date Check Numbers Amount 2/5/2014 Checks 334222-334364 $82,221.41 Voids and Reissues 2/5/2014 Advices 324705-325324 $1,301,452.12 $1,383,673.53 11 � KENT WASH IMJ T0N Kent City Council Workshop February 18, 2014 The workshop meeting was called to order at 5:00 p.m. by Council President Ralph. Councilmembers present: Ralph, Boyce, Berrios, and Ranniger (arrived at 5:34 p.m.) Council President Ralph noted that Councilmembers Thomas and Higgins were excused from the meeting. Council Retreat 2014 - Council President Ralph discussed the Council Retreat. She highlighted that it will consist of the Comprehensive Plan and the RESPECT training. She also stated that there may be a discussion concerning information technology. Councilmember Berrios communicated that he would like discussions tied to the Berk Study and what the taxpayers have paid for. He added that he would like some discussions on what has been done with the study. Council President Ralph communicated that the session would be 2:00 p.m. to 6:00 p.m. on Friday and possibly beginning on 8:30 a.m. on Saturday. Councilmember Boyce stated it would be nice to revisit the strategic goals and Tom Brubaker, Interim Chief Administrative Officer said he would contact Mr. Andrew Ballard concerning the Berk Study. Council President Ralph communicated that the Department Director Top Issues discussion was done to set up a framework. Councilmember Berrios said he would also like to look at the unfilled positions in the City and Brubaker communicated that it should be looked at in respect to the budget and staffing needs. 2014 Top Departmental Issues - Jeff Watling, Parks, Recreation and Cultural Services Director presented his departments top issues. He noted that they were shared with the Parks and Human Services Committee and that the issues are: Park Infrastructure, the Green River Corridor, the Riverbend Golf Complex, and how to initiate some recreation facilities planning with the public. Watling stated that parks are aging and there isn't enough funds to correct all of the shortcomings. He noted that the funding sources to address these issues are dwindling and some things can't be continued in the future. He noted that the public and the Council will be kept abreast of things that may or will be cut. Councilmember Boyce discussed the failed levy and stated that the City needs to communicate with the community early and often on those assets that may need to be purged. Watling continued and said there are a number of projects planned along the Green River Corridor. He added that having a river/trail system is an opportunity in the future, but prioritizing all of the different ideas is key. Kent City Council Workshop Minutes February 18, 2014 Council President Ralph stated that having a unified front as a city between Parks and Public Works is very important. Watling said that dealing with the core Riverbend Golf Complex problem is difficult and that there is a meeting on March 4. Councilmember Berrios noted the importance of ensuring something gets done instead of letting another 20 years go by. Watling continued and said initiating some recreation facilities planning discussions with the public needs to occur. He added that there are facillities that have served a wonderful life and within 5 years some decisions need to be made on some aging facilities. He discussed changes in the City such as a growth in population and the fact that the YMCA has interest in having a center in Kent. Another question, he said, is what the Kent vision for the recreation facilities will be. Council President Ralph noted that there are some great things going on in Kent and the issue is how to keep that momentum going when the facillities are aging. Councilmember Boyce confirmed that there is still a shared-use agreement in place between the school district and the City. Tim LaPorte, Public Works Director discussed his top issues. The first issue he discussed was levee accreditation. He discussed the funding statuses thusfar. He noted that the reach north of James Street is awaiting funds from the King County Flood Control District and they should be released in the spring. He noted that obtaining full accreditation for the full 12 miles will require working with the Washington State Department of Transportation (WSDOT). He added that they are also working with the railroad. Council President Ralph inquired if the Systemwide Improvement Framework (SWIF) work will have any impact on the levee accreditation or is it a separate process. LaPorte replied that the SWIF process is separate of the accreditation. He noted that SWIF looks at the entire system, not just the levees. He added that the King County Council has acknowledged the City's accreditation process and that the total amount is about $70 millon and the City has spent about $40 to $50 million. LaPorte discussed the next item on his list, water system sustainability. He discussed the replacement of the Guiberson Reservoir and the construction of a pressure zone. He noted the key endeavors for 2014 are to pursue more water customers and review the City's rate structure, preparing for a system based on cost of service versus consumption. He added that without larger customers, the City will need to raise rates. LaPorte discussed the sanitary sewer system sustainability. He noted that there have been system backups and that Horeshoe Acres needs to be replaced. He stated that two areas need to be totally replaced. He proposed basin charges to replace the pump stations and system hookup fees for new sewer connections. He added that Kent is the only City in the area that doesn't charge for new service. 2 Kent City Council Workshop Minutes February 18, 2014 LaPorte continued and discussed transportation system sustainability. He said the City has 320 miles of streets, 200 miles of sidewalks, and 200 signals. Key endeavors, he explained, are to implement B&O projects after Council approval, determine additional funding sources for deteriorated streets and possibly set up a franchise fee on the solid waste utility. He discussed developing a comprehensive policy regarding street trees in conjunction with road and sidewalk rehabilitation. Initial areas to address, he stated, would be James Street (hill), West Meeker Street, North Central Avenue, and South Central Avenue. Brubaker summarized about the city's debt and staffing needs. He stated that the City has more needs than revenues. He said that within three to four years things should start looking better and it will be very difficult to address all of these needs. B&O Proiect List - Tim LaPorte, Public Works Director discussed the B&O Project list. He noted that staff needs direction in the winter to get going with the projects in the spring. He stated that the remaining B&O funds are $5.8 million and if Council moves forward with the proposed project there will be $4 million available to be used. He stated that the list was shown to the Public Works Committee. He highlighted some of the in-house projects that were done in 2013, such as West James Street, 4th Avenue South, and 64th Avenue South. He reviewed the projects that staff has identified as being able to be done in house this summer and communicated that sidewalk projects equal about $75,000. Those projects would include upgrading wheelchair locations for ADA requirements. He discussed asphalt replacements that are needed to be done on E. Gowe Street on March 1 if the Council approves. Councilmember Berrios inquired if the trees that have been removed and have caused damage are going to be replaced. Brubaker confirmed that the trees that were chosen were the issue and due diligence will be done to have the right tree placed in the right location. LaPorte communicated the list of sidewalk projects that were chosen by staff and sidewalk work can be done year-round. Councilmember Berrios confirmed that some of the sidewalk work would need to be contracted out. However, if it is smaller work it could be done in house. LaPorte added that the ADA work is done in-house. LaPorte communicated that striping needs to be done every year through a contract with King County and that the City is in the middle of replacing all of the signs with the Federal standard. LaPorte continued and discussed guardrails and added that they also need to be paid for or replaced due to accidents. He noted that they run about $20,000 per year. Chad Bieren, Assistant Public Works Manager added that the $20,000 is a part of the expenditure on the consent calendar today. 3 Kent City Council Workshop Minutes February 18, 2014 Councilmember Boyce discussed the temporary sign workers and inquired if kids can do the work during the summer months and LaPorte communicated that they had to be 18 years or older. LaPorte noted that there are 16 street lights on Benson that aren't connected to the City's system, because during the Panther Lake annexation they weren't released by King County. Additionally, the inclusion of the interconnection system and cameras on Canyon Drive would be a significant improvement to the system. He added that it would be a backbone to a future system allowing people to see Kent traffic online. He noted that the cost of this would be $100,000 and having a UPS backup system to the signal lights would be $75,000. The loops need to be maintained because they fall apart when the sidewalks fail, he said. He discussed the Neighborhood Traffic Calming Progam, traffic studies, speed humps, and traffic circles. Councilmember Berrios discussed the striping and verified that $200,000 is for striping and reflectorization of streets in the City. He added that there was striping done in September 2013. Councilmember Boyce communicated that this is a very good list and communicating this to businesses and showing them where their funds are being used is good. Councilmember Ranniger communicated that she felt the list was balanced and doesn't want to recommend cutting an entire area, like removing all sidewalks or any geographical area of projects. LaPorte explained that the worst area is North Central Avenue from Smith to James Streets. Thompson added that that area is slated to be reconstructed. Clarification came from Chad Bieren, City Engineer that the southern section of North Central Avenue was worked on by the state. Councilmember Berrios agreed with Ranniger and said the critical sections need to be looked at and that the business community believes the streets only will be repaired, not sidewalks, etc. He said the City needs to be clear on their communication in the future. LaPorte communicated that a plan for tree replacement will need to be brought to the Parks and Human Services Committee and these projects need to be done all at once. He also stated that a plan for determining what trees will be replaced with concrete will need to be developed. LaPorte communicated that Councilmember Higgins wanted the Council to add guardrail to this list. Council President Ralph inquired if a wood guardrail could be used instead of metal and verified that a part of the analysis will be what materials should be used. Brubaker suggested, that LaPorte and his group review the numbers and bring them back to the Council. 4 Kent City Council Workshop Minutes February 18, 2014 LaPorte confirmed with Councilmember Berrios that none of the projects include concrete, however, there are very good candidates for it. He stated that a new asphalt street is only good for 12 years. Brubaker suggested a discussion at the retreat on what to be done on this. Council President Ralph communicated that either the City needs to fully rebuild North Central Avenue or provide a temporary fix Councilmember Berrios confirmed that LaPorte would come back with a suggestion for North Central Avenue from James to Smith. Furthermore, he wants to know what the B&O fund estimates are in the future. Brubaker repled that in a good year $5.5 million per year will be derived from the B&O tax. Council President Ralph added that there is a possiblility of $3.1 million coming from the proposed King County Transportation Benefit District. Mayor Cooke pointed out that the $300,000 set aside for the auditors isn't sufficient and the staff costs for the administration will be more. Mayor Cooke communicated that the correct amount won't be determined until it goes to the Committee. Brubaker communicated that in 2013 the $300,000 was underspent, but in Customer Service they are having to respond to a quantity of phone calls and getting the B&O system running properly has turned into a heavy burden for Robert Goerhering, the head auditor. The meeting adjourned at 6:36 p.m. Ronald F. Moore, MMC City Clerk 5 This page intentionally left blank. KENT Kent City Council Meeting February 18, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Ralph, and Ranniger. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Ralph removed item 7D, Legislative Update and added Consent Calendar Items I and J, excused absence of Councilmember Higgins and excused absence of Councilmember Thomas. B. From the Public. None. PUBLIC COMMUNICATIONS A. Public Recognition. None. B. Community Events. Councilmember Ranniger announced the Kids' Art Day event on March 1 at the Kent Commons. C. Introduction of Human Service Commission Reappointees, Mike Heinisch, Bill Hallerman and Wade Schwartz. Mayor Cooke announced the reappointments to the Human Service Commission. Mike Heinisch and Bill Hallerman were absent. Wade Schwartz stated he has been on the commission for the past two years. D. Legislative Update. Removed from the agenda. E. Economic and Community Development Report - Ben Wolters, Economic and Development Director noted that there were over 4,000 permit applications issued in 2013 with a value of over $154 million dollars in building valuation. He stated that there have been $10 million in permits issued in January this year. He communicated there is significant potential for development in 2014 to increase REET and sales tax returns. He stated that aerospace is a large part of the city's growth. He noted that housing growth has also increased with 1,000 homes being built over the past five years. Additionally, there are thirty new plat applications going on now, concluding that Trader Joe's is here and is scheduled to open in October 2014. Kurt Hanson, Economic and Development Manager discussed how the City tells its' story to the marketplace. He communicated about Trader Joe's opening up at the Marketplace in Kent Meridian. He discussed how retail will be attracted to Kent in the future and noted that the work done to locate a Trader Joe's in Kent will be used as a case study going forward. Hanson discussed grocery store vacancies in the future and the reduction in size of grocery stores. However, he noted that grocery sales are estimated to go up 13 percent. Therefore, there is opportunity for a new grocer here, especially since Top Foods vacated their lease on East Hill. He noted that he and Ben will be working on this in the next twelve months. He discussed The Platform and the excitement that is being generated in this development and that Airways Brewing has a plan related to that project. He reviewed some of the amenities involved in the Kent City Council Minutes February 18, 2014 project. He discussed the Meeker Street Revitalization Project to spur on investment in that area and that it will be going to the Economic and Development Committee in the next few months. Mayor Cooke verified that Josh Hall is leaving the City and taking a position with the City of Seattle Human Service Division. F. Public Safety Report. Ken Thomas, Police Chief communicated that vehicle prowls are higher this month and auto theft is slightly going up. He said that he has recalled one of his officers from the King County Task Force to work the City of Kent theft cases. He continued and noted that robberies have bounced up a little in the statistics, but have reduced over the past two weeks. He stated that commerical and residential burglaries continue to go down. Council President Ralph communicated that there is a Community Meeting hosted by Police Chief Thomas on March 13 and he explained what topics would be discussed at the meeting. Mayor Cooke suggested having police statistics concerning if the suspects are repeat suspects, if they are tied to more than one crime, and if they are from Kent. Thomas repled that he would get that information to the Council at the next meeting. Councilmember Berrios communicated that the arrest information should be tied to the crimes for each month. He said it would be good to see how many arrests go along with the offenses. G. Council Appointment Process Update. Council President Ralph communicated that there is was a special Council meeting for reviewing the thirty-eight applicants. She stated that the interview process will take place next Tuesday and the Council will have an Executive Session and hopefully name the next Councilmember that evening. H. Intergovernmental Reports. Council President Ralph attended the WRIA-9 Watershed meeting and the highlights were that Colonel Bruce Estok, Commander of the U.S. Army Corps of Engineers gave an overview of the projects going on at the Boeing Levee. She added that there was conversation concerning stormwater and what cities can do to continue preventing runoff and make the project better. She also communicated that there was a South County Area Transportation Board meeting and 2040 transportation was discussed and there would be some federal dollars coming and work on creating a list to obtain some of those funds. Councilmember Boyce said the Water Quality District meeting was cancelled and will be held next month. He noted that he attended the Sound Cities Association meeting and the 60/40 proposal was adopted. He noted that since the Council took a neutral position he had to recuse himself from the vote. PUBLIC HEARINGS None. 2 Kent City Council Minutes February 18, 2014 PUBLIC COMMENT 1. Danny Miller, Kent - Miller stated that he is here on behalf of his daughter. He communicated that he contacted the police and was told that his daughter had to park three blocks away from her home. He said there should be parking permits or a zoned parking area. Mayor Cooke communicated that this issue has been brought to light and there is a parking study going on right now. 2. R.C. Sample, Kent - Sample stated that he tried to speak to the Council last week and it is a shame that citizens have to speak to the media to get the Council to respond. He said that the committee to "Save the Par 3" has a meeting scheduled with Councilmember Higgins and Jeff Watling. Councilmember Boyce thanked Sample for coming. He said the Council takes public comment seriously and added that no decision has been made. Council President Ralph communicated that she takes this part of the meeting seriously and is greatful for what Sample has done with Veteran's Drive and what he is doing with Par 3. 3. Richard Wilkinson, Kent - Wilkinson communicated that the City will miss Josh Hall and he has been an asset to the City. He noted that he was surprised when Bailey Stober wasn't chosen as one of the candidates to move forward in the Council vacancy interview process. He added that Bailey received 46% of the vote for Position #6 and the Council ignored this. He wants the Council to reconsider how the process is being done. He stated that Councilmember Boyce communicated in the last meeting that the Council is following the process of the state and felt his vote as a resident has been ignored. He inquired if there will ever be a "Meet your Council" type of process in the future. Pat Fitzpatrick, Acting City Attorney communicated that state law doesn't prescribe any specific process. He communicated that in both of the previous processes when a councilmember vacancy occurred it was done this way. He added that the process was deliberative and publicly noticed in several manners. 1. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through J, seconded by Councilmember Boyce. A. Minutes of the workshop and regular Council meeting of February 4th 2014 and special meeting of February 11, 2014, The minutes of the workshop and regular Council meeting of February 4, 2014 and special meeting of February 11, 2014 were approved. 3 Kent City Council Minutes February 18, 2014 B. Public Disclosure Administrator Position — Approve. The Mayor was authorized to add a Public Disclosure Administrator position to the City Clerk's Office, including a budget adjustment of $11,408, and freeze the position of Deputy City Clerk until further notice. C. Ordinance changing Council Workshop meeting time - Adopt. The Council adopted Ordinance No. 4104 , amending Section 2.01.020 of the Kent City Code to change the Council workshop meeting time to 5:00 p.m. on all regular Council meeting days except when the regular Council meeting occurs at 5:00 p.m. D. Emergency guardrail repair service contract with Peterson Brothers, Inc. — Authorized. The Mayor was authorized to sign a service agreement with Petersen Brothers Construction, Inc. to perform emergency repairs of damaged guardrails on an as needed basis in an amount not to exceed $20,000, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. Lab sampling agreement with Am Test, Inc. — Approved. The Mayor was authorized to sign a Goods and Services Agreement with Am Test, Inc. for coliform sampling and testing in an amount not to exceed $43,392.00 subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. East Hill Well Motor Control Center & Generator upgrade proiect completion — Accept. The Mayor was authorized to accept the East Hill Well Motor Control Center & Generator Upgrades Project as complete and release retainage to Gary Harper Construction, Inc., upon receipt of standard releases from the state and the release of any liens. G. Zoning code landscape provision amendment ordinance — Adopted. The Council adopted Ordinance No. 4105, amending Section 15.07.060 of the Kent City Code to correct an error in Ordinance No. 4074. H. Reappointments to Human Services Commission — Confirmed. The Council confirmed Mayor Cooke's reappointment of Mike Heinisch, Bill Hallerman and Wade Schwartz to the Kent Human Services Commission for three-year terms. OTHER BUSINESS A. None. BIDS REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. Council President Ralph noted that the Top Issues from the Parks, Recreation and Cultural Services and Public Works was discussed. She added that the B&O Project list was also discussed during the workshop. She highlighted that this would be brought to the Council at the first meeting in March. 4 Kent City Council Minutes February 18, 2014 B. Mayor. Mayor Cooke communicated that she has expressed her opinion on the liquor control board marijuana process as the Mayor which the Council hasn't taken a position on. She noted that she testified in Olympia that a portion of the taxes from marijuana sales be distributed to cities. She reaffirmed that the position she has taken is that of the Mayor and not as the Council. Mayor Cooke also stated that she, as the Mayor, also has verbally supported the King County establishment of a Transportation Benefit District. Mayor Cooke brought up Councilmember Boyce's previous comment in that he had to recuse himself from the vote at the Sound Cities Association on this issue because the Council put forth a neutral vote. She urged the Council to move forward on these issues and look at the alternatives. Mayor Cooke continued and discussed cooperation between the departments, to include the collaboration between Public Works and the Parks Department working on street maintenance, parks areas, levees, and other projects in the City. She also noted that the police are delving into what needs to be done in order to reduce crime. She also stated that the staff is moving forward with its RESPECT training. C. Administration. No report. D. Economic & Community Development Committee. Councilmember Boyce stated that the report is in the minutes. E. Operations Committee. Councilmember Boyce communicated that the B&O Tax is going into its second year and the process of omitting non-profits in the future was discussed. F. Parks and Human Services Committee. Councilmember Ranniger stated that the next Parks and Human Services meeting is February 20 at 5:00 p.m. G. Public Safety Committee. No report. H. Public Works Committee. Council President Ralph communicated that the next Public Works Committee meeting is on February 24th and they will be reviewing the B&O project list. I. Regional Fire Authority. No report. Councilmember Boyce communicated that there was a Lodging Tax Advisory Board meeting and the branding effort the City will be going through was discussed. He noted the meetings will be February 24 and 25, and a report out by the consultant on February 26. EXECUTIVE SESSION No executive session. ACTION AFTER EXECUTIVE SESSION Mayor Cooke introduced Austin England, a Boy Scout. 5 Kent City Council Minutes February 18, 2014 England stated that he has never been to a Council meeting and would like to attend future meetings. He stated it is interesting to hear all the discussion on items that go through the Council. ADJOURNMENT The meeting adjourned at 8:07 p.m. Ronald F. Moore, MMC City Clerk 6 KENT Kent City Council Special Meeting February 25, 2014 The special meeting of the Kent City Council was called to order at 6:01 p.m. by Council President Ralph. Councilmembers present: Higgins, Berrios, Boyce, Ranniger, and Thomas. Mayor Suzette Cooke was excused from the meeting. CHANGES TO THE AGENDA A. Ooenina Remarks. Council President Ralph discussed the appointment process. B. Individual Interviews of Council Candidates. Tom Brubaker, Interim Chief Administrative Officer took the seven candidates into the lobby and determined what the order of interviews would be through a straw poll. Brubaker entered the Chamber and announced the candidates would be interviewed in the following order: Sarah Veele, Jed Aldridge, Barbara Phillips, Debra Raplee, David Wade Schwartz, Brenda Fincher, and Christine Budell. Each candidate responded to the same five questions posed by the Council and any follow-up questions that were presented. EXECUTIVE SESSION At 7:33 p.m., Council President Ralph announced that the Council would recess into an Executive Session for thirty minutes to discuss the qualifications of a candidate for appointment to elective office, as per RCW 42.30.110(1)(h). At 8:03 p.m., Council President Ralph extended the Executive Session for an additional twenty-five minutes. At 8:23 p.m., the Executive Session concluded and Council President Ralph reconvened the special meeting. ACTION AFTER EXECUTIVE SESSION Councilmember Higgins thanked the Council for a respectful, thorough, and well run process. He said it is a shame because of the time spent on the applications and preparing for this opportunity that all the thirty-eight applicants can't be chosen. However, he urged all of the applicants to stay involved in city government. Whether it is a compliment or complaint, he urged the residents to call or write the Council, come to the meetings and make public comment, get involved with the Neighborhood Councils, write a letter to the Kent Reporter, or start a blog. He noted that all of the applicants are needed and urged them to stay involved. He appreciated all of the applicants efforts. Council President Ralph echoed Councilmember Higgins' comments and said it was exciting to see the number of applicants for this position. She said this was a very Kent City Council Special Meeting February 25, 2014 talented pool and thanked the applicants for going through this for the benefit of the community. Councilmember Thomas moved to appoint Brenda Fincher to fill vacant Council Position No. 6, seconded by Councilmember Higgins. Motion carried 6- 0. Council President Ralph communicated that Councilmember Fincher was assigned to the Public Works Committee and the Parks and Human Services Committee which meets on Monday at 4:00 p.m. ADJOURNMENT The meeting adjourned at 8:31 p.m. Ronald F. Moore, MMC City Clerk KENT Agenda Item: Consent Calendar - 7C TO: City Council DATE: March 4, 2014 SUBJECT: Excused Absence for Councilmember Berrios - Approve MOTION: Approve an excused absence for Councilmember Berrios who is unable to attend the March 4, 2014 Council meeting. SUMMARY: None EXHIBITS: None RECOMMENDED BY: Council President Ralph BUDGET IMPACTS: None This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7D TO: City Council DATE: March 4, 2014 SUBJECT: B&O Tax Exemptions and Deductions Ordinance - Adopt MOTION: Adopt Ordinance No. , 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. SUMMARY: The City's business & occupation tax was effective January 1, 2013. The Association of Washington Cities (AWC) drafted both the model ordinance and the model ordinance guidelines, containing numerous exemptions and deductions that are optional for cities imposing a B&O tax. While not mandatory, a number of Washington cities imposing B&O taxes have adopted several of the same optional deductions and exemptions that the city of Kent has not. The Finance Department has found that this lack of uniformity has led to confusion and incorrect reporting for some taxpayers who pay B&O tax in Kent and in other jurisdictions. Now that the City and local taxpayers have had a year's worth of experience with the City's B&O tax, the Finance Department recommends that the City adopt certain of the optional deductions and exemptions as set forth in the AWC model ordinance guidelines to ensure that the City's tax is more fairly, equitably, consistently, and efficiently administered. Exemptions and deductions both result in a decrease in taxable B&O gross receipts; however, organizations are not required to report exemptions. EXHIBITS: Ordinance RECOMMENDED BY: Operations Committee YEA: Ralph, Boyce, Thomas NAY: BUDGET IMPACTS: Depends on the extent of additional activities eligible for exemption or deduction from the City's B&O tax. The Finance Department expects the financial impact to be relatively minimal. This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 3.28 of the Kent City Code, pertaining to the business and occupation tax, to adopt further exemptions and deductions and to clarify a portion of the square footage tax component. RECITALS A. On November 20, 2012, the City Council passed Ordinance No. 4054, adopting a business and occupation (B&O) tax that included both a gross receipts component and a square footage component. That ordinance went into effect beginning January 1, 2013. B. Chapter 35.102 RCW required that the City implement its B&O tax based on a model ordinance that contained mandatory provisions applicable to all Washington cities. C. RCW 35.102.040(3) provides that except for certain deductions and exemptions prescribed in Chapter 35.102 RCW and the model ordinance, a city may adopt its own provisions for tax credits, tax exemptions and tax deductions. 1 Amend Chapter 3.28 KCC Ordinance D. The Association of Washington Cities (AWC) drafted both the model ordinance and the model ordinance guidelines, containing numerous exemptions and deductions that are optional for cities imposing a B&O tax. While not mandatory, a number of Washington cities imposing B&O taxes have all adopted several of the same optional deductions and exemptions that the city of Kent has not. The Finance Department has found that this lack of uniformity has led to confusion and incorrect reporting for some taxpayers who pay B&O tax in both Kent and in other jurisdictions. E. One of the most important considerations in setting and implementing tax policy is to strive for fairness, consistency, equity, and efficiency. F. Now that the City and local taxpayers have had a year's worth of experience with the City's B&O tax, the Finance Department recommends that the City adopt certain of the optional deductions and exemptions as set forth in the AWC model ordinance guidelines to ensure that the City's tax is more fairly, equitably, consistently, and efficiently administered. G. The City wishes to also amend a portion of the square footage tax component to clarify correct reporting requirements based on state law governing the taxability of certain rental income, and to include a new definition, "Artistic or cultural organization," to support one of the recommended deductions. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Amend Chapter 3.28 KCC Ordinance ORDINANCE SECTION 1. Amendment. Section 3.28.030 of the Kent City Code, is hereby amended as follows: Sec. 3.28.030 Definitions. In construing the provisions of this chapter, the following definitions shall be applied. Words in the singular number shall include the plural, and the plural shall include the singular. A. Advance, reimbursement. 1. Advance means money or credits received by a taxpayer from a customer or client with which the taxpayer is to pay costs or fees on behalf of the customer or client. 2. Reimbursement means money or credits received from a customer or client to repay the taxpayer for money or credits expended by the taxpayer in payment of costs or fees of the customer or client. B. Agricultural product, farmer. 1. Agricultural product means any product of plant cultivation or animal husbandry including, but not limited to: a product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15.85.020; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.85.020, or a bird, or insect, or the 3 Amend Chapter 3.28 KCC Ordinance substances obtained from such an animal. "Agricultural product" does not include animals intended to be pets. 2. Farmer means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption. "Farmer" does not include a person selling any animal or substance obtained therefrom in connection with the person's business of operating a stockyard or a slaughter or packing house. "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber. C. "Artistic or cultural organization". As used in this chapter: 1. The term "artistic or cultural organization" means an organization which is organized and operated exclusively for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs, as defined in subsection (10) of this section, for viewing or attendance by the general public. 2. The organization must be a not-for-profit corporation under chapter 24.03 RCW. 3. The organization must be managed by a governing board of not less than eight (8) individuals none of whom is a paid employee of the organization or by a corporation sole under chapter 24.12 RCW. 4. No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws. 4 Amend Chapter 3.28 KCC Ordinance 5. Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels comparable to the salary or compensation of like positions within the state. 6. Assets of the corporation must be irrevocably dedicated to the activities for which the exemption is granted and, on the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of any member or individual except a non-profit organization, association, or corporation which also would be entitled to the exemption. 7. The corporation must be duly licensed or certified when licensing or certification is required by law or regulation. S. The amounts received that qualify for exemption must be used for the activities for which the exemption is granted. 9. Services must be available regardless of race, color, national origin, ancestry, religion, age sex, marital status, sexual orientation, Vietnam or disabled veteran status, or the presence of any mental or physical disability, 10. The term "artistic or cultural exhibitions, presentations, or performances or cultural or art education programs" is limited to: a. An exhibition or presentation of works of art or objects of cultural or historical significance, such as those commonly displayed in art or history museums; b. A musical or dramatic performance or series of performances; or C. An educational seminar or program, or series of such programs, offered by the organization to the general public on an artistic, cultural, or historical subiect. 5 Amend Chapter 3.28 KCC Ordinance GD. Business includes all activities engaged in with the object of gain, benefit, or advantage to the taxpayer or to another person or class, directly or indirectly. BE. Business and occupation tax or gross receipts tax means a tax imposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be, and that is the legal liability of the business. EF. Commercial or industrial use means the following uses of products, including byproducts, by the extractor or manufacturer thereof: 1. Any use as a consumer; and 2. The manufacturing of articles, substances, or commodities. FG. Competitive telephone service means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. GH. Consumer means the following: 1. Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal property irrespective of the nature of the person's business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, 6 Amend Chapter 3.28 KCC Ordinance or decorate real or personal property of or for a consumer other than for the purpose of: a. Resale as tangible or intangible personal property in the regular course of business; b. Incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers; C. Incorporating such property as an ingredient or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new product; or d. Consuming the property in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon; 2. Any person engaged in any business activity taxable under KCC 3.28.050(A)(7); 3. Any person who purchases, acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of business; 7 Amend Chapter 3.28 KCC Ordinance 4. Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in this section, other than for resale in the regular course of business; 5. Any person who is an end user of software; 6. Any person engaged in the business of "public road construction" in respect to tangible personal property when that person incorporates the tangible personal property as an ingredient or component of a publicly owned street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing, or spreading the property in or upon the right-of-way of a publicly owned street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a publicly owned mass public transportation terminal or parking facility; 7. Any person who is an owner, lessee, or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business; S. Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business; 9. Any person engaged in "government contracting." Any such person shall be a consumer within the meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person. 8 Amend Chapter 3.28 KCC Ordinance Nothing contained in this or any other subsection of this section shall be construed to modify any other definition of "consumer." ++I. Delivery means the transfer of possession of tangible personal property between the seller and the buyer or the buyer's representative. Delivery to an employee of a buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer's representative first takes physical control of the property or exercises dominion and control over the property. Dominion and control means the buyer has the ability to put the property to the buyer's own purposes. It means the buyer or the buyer's representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a warranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself. A buyer's representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping company nor a seller can serve as a buyer's representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (RCW Title 62A) do not determine when or where delivery of tangible personal property occurs for purposes of taxation. B. Director means the finance director of the city or any officer, agent or employee of the city designated to act on the director's behalf. 9 Amend Chapter 3.28 KCC Ordinance 3K. Digital automated service, digital code, and digital goods have the same meaning as in RCW 82.04.192. KL. Digital products means digital goods, digital codes, digital automated services, and the services described in RCW 82.04.050(2)(g) and (6)(b). L.M. Eligible gross receipts tax. The term "eligible gross receipts tax" means a tax which: 1. Is imposed on the act or privilege of engaging in business activities within KCC 3.28.050; and 2. Is measured by the gross volume of business, in terms of gross receipts, and is not an income tax or value added tax; and 3. Is not, pursuant to law or custom, separately stated from the sales price; and 4. Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of property, property right, or a privilege; and 5. Is a tax imposed by a local jurisdiction, whether within or without the state of Washington, and not by a country, state, province, or any other nonlocal jurisdiction above the county level. MN. Engaging in business. 10 Amend Chapter 3.28 KCC Ordinance 1. The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business. 2. This section sets forth examples of activities that constitute engaging in business in the city, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the city without having to register and obtain a business license or pay city business and occupation taxes. The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection fK)M(1) of this section. If an activity is not listed, whether it constitutes engaging in business in the city shall be determined by considering all the facts and circumstances and applicable law. 3. Without being all inclusive, any one (1) of the following activities conducted within the city by a person, or its employee, agent, representative, independent contractor, broker, or another acting on its behalf, constitutes engaging in business and requires a person to register and obtain a business license: a. Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the city. b. Owning, renting, leasing, using, or maintaining an office, place of business, or other establishment in the city. C. Soliciting sales. 11 Amend Chapter 3.28 KCC Ordinance d. Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance. e. Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services, on or in connection with tangible personal property sold by the person or on its behalf. f. Installing, constructing, or supervising installation or construction of real or tangible personal property. g. Soliciting, negotiating, or approving franchise, license, or other similar agreements. h. Collecting current or delinquent accounts. i. Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials. j. Providing disinfecting and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property. k. Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports 12 Amend Chapter 3.28 KCC Ordinance organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, and veterinarians. I. Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings. M. Training or recruiting agents, representatives, independent contractors, brokers, or others, domiciled or operating on a job in the city, acting on its behalf, or for customers or potential customers. n. Investigating, resolving, or otherwise assisting in resolving customer complaints. o. In-store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place. P. Delivering goods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf. q. Accepting or executing a contract with the city, irrespective of whether goods or services are delivered within or without the city, or whether the person's office or place of business is within or without the city. 4. If a person, or its employee, agent, representative, independent contractor, broker, or another acting on the person's behalf, 13 Amend Chapter 3.28 KCC Ordinance engages in no other activities in or with the city but the following, it need not register and obtain a business license and pay tax: a. Meeting with suppliers of goods and services as a customer. b. Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions. C. Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings, wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf. This provision does not apply to any board of director member or attendee engaging in business, such as a member of a board of directors who attends a board meeting. d. Renting tangible or intangible property as a customer when the property is not used in the city. e. Attending but not participating in a "trade show" or ,'multiple vendor events." Persons participating at a trade show shall review the city's trade show or multiple vendor event ordinances. f. Conducting advertising through the mail. g. Soliciting sales by phone from a location outside the city. 14 Amend Chapter 3.28 KCC Ordinance 5. A seller located outside the city merely delivering goods into the city by means of common carrier is not required to register and obtain a business license; provided, that it engages in no other business activities in the city. Such activities do not include those in subsection kf+)u(4) of this section. 6. The city expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the state of Washington. Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus generating contact or subsequent contacts. 440. Extracting is the activity engaged in by an extractor and is reportable under the extracting classification. OP. Extractor means every person who from the person's own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes, or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral, or other natural resource product; or fells, cuts, or takes timber, Christmas trees, other than plantation Christmas trees, or other natural products; or takes fish, shellfish, or other sea or inland water foods or products. "Extractor" does not include persons performing under contract the necessary labor or mechanical services for others, or persons meeting the definition of "farmer." PQ. Extractor for hire means a person who performs under contract necessary labor or mechanical services for an extractor. 15 Amend Chapter 3.28 KCC Ordinance QR. Gross income of the business means the value proceeding or accruing by reason of the transaction of the business engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discount, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. RS. Gross proceeds of sales means the value proceeding or accruing from the sale of tangible personal property, digital goods, digital codes, digital automated services, or for other services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discount paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. ST. Manufacturing means the activity conducted by a manufacturer and is reported under the manufacturing classification. TU. Manufacturer, to manufacture. 1. Manufacturer means every person who, either directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale or for commercial or industrial use from the person's own materials or ingredients any products. When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, 16 Amend Chapter 3.28 KCC Ordinance materials or ingredients equal to less than twenty (20) percent of the total value of all materials or ingredients that become a part of the finished product, the owner of the equipment or facilities will be deemed to be a processor for hire, and not a manufacturer. A business not located in this city that is the owner of materials or ingredients processed for it in this city by a processor for hire shall be deemed to be engaged in business as a manufacturer in this city. 2. To manufacture means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as a result thereof a new, different or useful product is produced for sale or commercial or industrial use, and shall include: a. The production of special made or custom made articles; b. The production of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician; C. Crushing and/or blending of rock, sand, stone, gravel, or ore; and d. The producing of articles for sale, or for commercial or industrial use, from raw materials or prepared materials by giving such materials, articles, and substances of trade or commerce new forms, qualities, properties, or combinations including, but not limited to, such activities as making, fabricating, processing, refining, mixing, slaughtering, 17 Amend Chapter 3.28 KCC Ordinance packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and vegetables. "To manufacture" shall not include the production of digital goods or the production of computer software if the computer software is delivered from the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser. 13V. Newspaper means a publication offered for sale regularly at stated intervals at least once a week and printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind. Magazine or periodical means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three (3) months, including any supplement or special edition of the publication. Any publication meeting this definition qualifies regardless of its content. VFW. Nonprofit corporation or nonprofit organization means a corporation or organization in which no part of the income can be distributed to its members, directors, or officers and that holds a current tax exempt status as provided under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, or is specifically exempted from the requirement to apply for its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended. Where the term "nonprofit organization" is used, it is meant to include a nonprofit corporation. 18 Amend Chapter 3.28 KCC Ordinance WX. Office or place of business means a fixed location or permanent facility where the regular business of the person is conducted and which is either owned by the person or over which the person exercises legal dominion and control. The regular business of the person is presumed conducted at a location: 1. Whose address the person uses as its business mailing address; 2. Where the place of primary use is shown on a telephone billing or a location containing a telephone line listed in a public telephone directory or other similar publication under the business name; 3. Where the person holds itself out to the general public as conducting its regular business through signage or other means; and 4. Where the person is required to obtain any appropriate state and local business license or registration unless they are exempted by law from such requirement. A vehicle such as a pick-up, van, truck, boat or other motor vehicle is not an office or place of business. A post office box is not an office or place of business. If a person has an office or place of business, the person's home is not an office or place of business unless it meets the criteria for office or place of business above. If a person has no office or place of business, the person's home or apartment within the city will be deemed the place of business. 19 Amend Chapter 3.28 KCC Ordinance XY. Person means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the state of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, and the United States or any instrumentality thereof. YZ. Processing for hire means the performance of labor and mechanical services upon materials or ingredients belonging to others so that as a result a new, different, or useful product is produced for sale, or commercial or industrial use. A processor for hire is any person who would be a manufacturer if that person were performing the labor and mechanical services upon that person's own materials or ingredients. If a person furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to twenty (20) percent or more of the total value of all materials or ingredients that become a part of the finished product, the person will be deemed to be a manufacturer and not a processor for hire. ZAA. Product means tangible personal property, including articles, substances, or commodities created, brought forth, extracted, or manufactured by human or mechanical effort. Byproduct means any additional product, other than the principal or intended product, which results from extracting or manufacturing activities and which has a market value without regard to whether or not such additional product was an expected or intended result of the extracting or manufacturing activities. 20 Amend Chapter 3.28 KCC Ordinance AABB. Retailing means the activity of engaging in making sales at retail and is reported under the retailing classification. SBCC.Retai/ service shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities: 1. Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, swimming, bungee jumping, ski lifts and tows, basketball, racquet ball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and others, when provided to consumers. "Amusement and recreation services" also includes the provision of related facilities such as basketball courts, tennis courts, handball courts, swimming pools, and charges made for providing the opportunity to dance. The term "amusement and recreation services" does not include instructional lessons to learn a particular activity such as tennis lessons, swimming lessons, or archery lessons; 2. Abstract, title insurance, and escrow services; 3. Credit bureau services; 4. Automobile parking and storage garage services; 5. Landscape maintenance and horticultural services but excluding (a) horticultural services provided to farmers and (b) pruning, trimming, repairing, removing, and clearing of trees and brush near 21 Amend Chapter 3.28 KCC Ordinance electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility; 6. Service charges associated with tickets to professional sporting events; and 7. The following personal services: physical fitness services, tanning salon services, tattoo parlor services, steam bath services, Turkish bath services, escort services, and dating services. S. The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator. CC-DD. Sale, casual or isolated sale. 1. Sale means any transfer of the ownership of, title to, or possession of property for a valuable consideration and includes any activity classified as a "sale at retail," "retail sale," or "retail service." It includes renting or leasing, conditional sale contracts, leases with option to purchase, and any contract under which possession of the property is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price. It also includes the furnishing of food, drink, or meals for compensation whether consumed upon the premises or not. 2. Casual or isolated sale means a sale made by a person who is not engaged in the business of selling the type of property involved on a routine or continuous basis. 22 Amend Chapter 3.28 KCC Ordinance &DEE.Sale at retail, retail sale. 1. Sale at retail or retail sale means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers, other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who: a. Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or b. Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or C. Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or d. Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is 23 Amend Chapter 3.28 KCC Ordinance to create a chemical reaction directly through contact with an ingredient of ferrosilicon; or e. Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065. The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in subsection {BB) EE (1)(a), (b), (c), (d), or (e) of this section following such use; or f. Purchases for the purpose of satisfying the person's obligations under an extended warranty as defined in subsection {BB} EE (7) of this section, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person. 2. "Sale at retail" or "retail sale" also means every sale of tangible personal property to persons engaged in any business activity which is taxable under KCC 3.28.050(A)(7). 3. "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following: a. The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin-operated laundry facilities when such facilities are situated in an apartment house, rooming house, or 24 Amend Chapter 3.28 KCC Ordinance mobile home park for the exclusive use of the tenants thereof, and also excluding sales of laundry service to nonprofit health care facilities, and excluding services rendered in respect to live animals, birds, and insects; b. The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture; C. The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner; d. The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing, or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes, and upholstery. The term "janitorial 25 Amend Chapter 3.28 KCC Ordinance services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal, or sandblasting; e. The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under Chapter 82.16 RCW; f. The sale of and charge made for the furnishing of lodging and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one (1) month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for a continuous period of one (1) month or more to a person is a rental or lease of real property and not a mere license to enjoy the same; g. The installing, repairing, altering, or improving of digital goods for consumers; h. The sale of or charge made for tangible personal property, labor, and services to persons taxable under subsections {BB) EE (3)(a), (b), (c), (d), (e), (f), and (g) of this section when such sales or charges are for property, labor, and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor, and services may be resold after such use or consumption. 26 Amend Chapter 3.28 KCC Ordinance Nothing contained in this subsection shall be construed to modify subsection fDD} EE (1) of this section and nothing contained in subsection flD) EE (1) of this section shall be construed to modify this subsection. 4. "Sale at retail" or "retail sale" shall also include the providing of competitive telephone service to consumers. 5.a. "Sale at retail" or "retail sale" shall also include the sale of prewritten software other than a sale to a person who presents a resale certificate under RCW 82.04.470, regardless of the method of delivery to the end user. For purposes of this subsection fD-a) EE (5)(a) the sale of prewritten computer software includes the sale of or charge made for a key or an enabling or activation code, where the key or code is required to activate prewritten computer software and put the software into use. There is no separate sale of the key or code from the prewritten computer software, regardless of how the sale may be characterized by the vendor or by the purchaser. The term "sale at retail" or "retail sale" does not include the sale of or charge made for: i. Custom software; or ii. The customization of prewritten software. b.i. The term also includes the charge made to consumers for the right to access and use prewritten computer software, where possession of the software is maintained by the seller or a third party, regardless of whether the charge for the service is on a per use, per user, per license, subscription, or some other basis. 27 Amend Chapter 3.28 KCC Ordinance ii.(A) The service described in subsection {BB) EE (5)(b)(i) of this section includes the right to access and use prewritten software to perform data processing. (B) For purposes of this subsection {D6) EE (5)(b)(ii) data processing means the systematic performance of operations on data to extract the required information in an appropriate form or to convert the data to usable information. Data processing includes check processing, image processing, form processing, survey processing, payroll processing, claim processing, and similar activities. 6. "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state, the state of Washington, or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind. 7. "Sale at retail" or "retail sale" shall also include the sale of or charge made for an extended warranty to a consumer. For purposes of this subsection, extended warranty means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based on the occurrence of specified events. The term "extended warranty" does not include an agreement, otherwise meeting the definition of "extended warranty" in this subsection, if no 28 Amend Chapter 3.28 KCC Ordinance separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement. S. "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to Chapter 35.82 RCW, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. 9. "Sale at retail" or "retail sale" shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development. 10. "Sale at retail" or "retail sale" shall not include the sale of or charge made for labor and services rendered for environmental remedial action. 11. "Sale at retail" or "retail sale" shall also include the following sales to consumers of digital goods, digital codes, and digital automated services: 29 Amend Chapter 3.28 KCC Ordinance a. Sales in which the seller has granted the purchaser the right of permanent use; b. Sales in which the seller has granted the purchaser a right of use that is less than permanent; C. Sales in which the purchaser is not obligated to make continued payment as a condition of the sale; and d. Sales in which the purchaser is obligated to make continued payment as a condition of the sale. A retail sale of digital goods, digital codes, or digital automated services under this subsection kDD} EE (11) includes any services provided by the seller exclusively in connection with the digital goods, digital codes, or digital automated services, whether or not a separate charge is made for such services. For purposes of this subsection, permanent means perpetual or for an indefinite or unspecified length of time. A right of permanent use is presumed to have been granted unless the agreement between the seller and the purchaser specifies or the circumstances surrounding the transaction suggest or indicate that the right to use terminates on the occurrence of a condition subsequent. 12. "Sale at retail' or "retail sale" shall also include the installing, repairing, altering, or improving of digital goods for consumers. EEFF. Sale at wholesale or wholesale sale means any sale of tangible personal property, digital goods, digital codes, digital automated services, 30 Amend Chapter 3.28 KCC Ordinance prewritten computer software, or services described in subsection {BB) EE (5)(b)(i) of this section which is not a retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property and retail services, if such charge is expressly defined as a retail sale or retail service when rendered to or for consumers. Sale at wholesale also includes the sale of telephone business to another telecommunications company as defined in RCW 80.04.010 for the purpose of resale, as contemplated by RCW 35.21.715. FFGG. Services includes those activities that do not fall within one of the other tax classifications used by the city. GGHH. Software, prewritten software, custom software, customization of canned software, master copies, retained rights. 1. Prewritten software or canned software means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser. The combining of two (2) or more prewritten computer software programs or prewritten portions thereof does not cause the combination to be other than prewritten computer software. Prewritten computer software includes software designed and developed by the author or other creator to the specifications of a specific purchaser when it is sold to a person other than such purchaser. Where a person modifies or enhances computer software of which such person is not the author or creator, the person shall be deemed to be the author or creator only of the person's modifications or enhancements. Prewritten computer software or a prewritten portion thereof that is modified or enhanced to any degree, where such modification or enhancement is designed and developed to the specifications of a specific purchaser, remains prewritten computer 31 Amend Chapter 3.28 KCC Ordinance software; however, where there is a reasonable, separately stated charge or an invoice or other statement of the price given to the purchaser for the modification or enhancement, the modification or enhancement shall not constitute prewritten computer software. 2. Custom software means software created for a single person. 3. Customization of canned software means any alteration, modification, or development of applications using or incorporating canned software to specific individualized requirements of a single person. Customization of canned software includes individualized configuration of software to work with other software and computer hardware but does not include routine installation. Customization of canned software does not change the underlying character or taxability of the original canned software. 4. Master copies of software means copies of software from which a software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license. The software encoded on a master copy and the media upon which the software resides are both ingredients of the master copy. 5. Retained rights means any and all rights, including intellectual property rights such as those rights arising from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author, inventor, publisher, licensor, sublicensor, or distributor. 6. Software means any information, program, or routine, or any set of one (1) or more programs, routines, or collections of information, 32 Amend Chapter 3.28 KCC Ordinance used, or intended for use, to convey information that causes one (1) or more computers or pieces of computer-related peripheral equipment, or any combination thereof, to perform a task or set of tasks. "Software" includes the associated documentation, materials, or ingredients, regardless of the media upon which that documentation is provided, that describe the code and its use, operation, and maintenance and that typically are delivered with the code to the consumer. All software is classified as either canned or custom. H-HII. Taxpayer means any "person," as herein defined, required to have a business license under this chapter or liable for the collection of any tax or fee under this chapter, or who engages in any business or who performs any act for which a tax or fee is imposed by this chapter. 1433. Tuition fee includes library, laboratory, health service, and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution. Educational institution, as used in this section, means only those institutions created or generally accredited as such by the state and includes educational programs that such educational institution cosponsors with a nonprofit organization, as defined by the Internal Revenue Code Section 501(c)(3), as hereafter amended, if such educational institution grants college credit for coursework successfully completed through the educational program, or an approved branch campus of a foreign degree- granting institution in compliance with Chapter 28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85.010(3) and accredited by an accrediting association recognized by the United States Secretary of Education, and offering to students an educational program of a general academic nature 33 Amend Chapter 3.28 KCC Ordinance or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions. 33KK. Value proceeding or accruing means the consideration, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or which is actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer. IEKLL. Value of products. 1. The value of products, including byproducts, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof whether such sale is at wholesale or at retail, to which shall be added all subsidies and bonuses received from the purchaser or from any other person with respect to the extraction, manufacture, or sale of such products or byproducts by the seller. 2. Where such products, including byproducts, are extracted or manufactured for commercial or industrial use; and where such products, including byproducts, are shipped, transported or transferred out of the city, or to another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale; the value shall correspond as nearly as possible to the gross proceeds from sales in this state of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses 34 Amend Chapter 3.28 KCC Ordinance ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture, or sale of such products. In the absence of sales of similar products as a guide to value, such value may be determined upon a cost basis. In such cases, there shall be included every item of cost attributable to the particular article or article extracted or manufactured, including direct and indirect overhead costs. The director may prescribe rules for the purpose of ascertaining such values. 3. Notwithstanding subsection {KK} LL (2) of this section, the value of a product manufactured or produced for purposes of serving as a prototype for the development of a new or improved product shall correspond to: a. The retail selling price of such new or improved product when first offered for sale; or b. The value of materials incorporated into the prototype in cases in which the new or improved product is not offered for sale. L-LMM. Whoiesaiing means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification. SECTION 2. Amendment. Section 3.28.050 of the Kent City Code, is hereby amended as follows: Sec. 3.28.050. Imposition of the tax — Tax or fee levied. Except as provided in subsection (C) of this section, there is hereby levied upon and shall be collected from every person a tax for the act or privilege of engaging in business activities within the city, whether the person's 35 Amend Chapter 3.28 KCC Ordinance office or place of business be within or without the city. The tax shall be in amounts to be determined by application of rates against the gross proceeds of sale, gross income of business, or value of products, including byproducts, and by application of rates against the square footage of business office or facility space within the city, as the case may be, as follows: A. Gross receipts tax. 1. Upon every person engaging within the city in business as an extractor; as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, extracted within the city for sale or for commercial or industrial use, multiplied by the rate of 0.152 hundredths of one percent (0.00152). The measure of the tax is the value of the products, including byproducts, so extracted, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 2. Upon every person engaging within the city in business as a manufacturer, as to such persons the amount of the tax with respect to such business shall be equal to the value of the products, including byproducts, manufactured within the city, multiplied by the rate of 0.046 hundredths of one percent (0.00046). The measure of the tax is the value of the products, including byproducts, so manufactured, regardless of the place of sale or the fact that deliveries may be made to points outside the city. 3. Upon every person engaging within the city in the business of making sales at wholesale, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales 36 Amend Chapter 3.28 KCC Ordinance of the business without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.152 hundredths of one percent (0.00152). 4. Upon every person engaging within the city in the business of making sales at retail, as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of such sales of the business, without regard to the place of delivery of articles, commodities or merchandise sold, multiplied by the rate of 0.046 hundredths of one percent (0.00046). 5. Upon every person engaging within the city in the business of (a) printing, (b) both printing and publishing newspapers, magazines, periodicals, books, music, and other printed items, (c) publishing newspapers, magazines and periodicals, (d) extracting for hire, and (e) processing for hire; as to such persons, the amount of tax on such business shall be equal to the gross income of the business multiplied by the rate of 0.046 hundredths of one percent (0.00046). 6. Upon every person engaging within the city in the business of making sales of retail services; as to such persons, the amount of tax with respect to such business shall be equal to the gross proceeds of sales multiplied by the rate of 0.152 hundredths of one percent (0.00152). 7. Upon every other person engaging within the city in any business activity other than or in addition to those enumerated in the above subsections; as to such persons, the amount of tax on account of such activities shall be equal to the gross income of the business multiplied by the rate of 0.152 hundredths of one percent (0.00152). This subsection includes, among others, and without limiting the scope hereof (whether or 37 Amend Chapter 3.28 KCC Ordinance not title to material used in the performance of such business passes to another by accession, merger, or other than by outright sale), persons engaged in the business of developing or producing custom software or of customizing canned software, producing royalties or commissions, and persons engaged in the business of rendering any type of service which does not constitute a sale at retail, a sale at wholesale, or a retail service. B. Square footage tax. Upon every person who leases, owns, occupies, or otherwise maintains an office, warehouse, or other place of business within the city for purposes of engaging in business activities in the city, the tax shall be measured by the number of square feet of warehouse business floor space or other business floor space for each office, warehouse, or other place of business leased, owned, occupied, or otherwise maintained within the city during the reporting period, calculated to the nearest square foot. 1. Subject to the reductions established in subsection (13)(6) of this section, the amount of the tax due shall be equal to the sum of the number of square feet of business warehouse floor space for each business warehouse leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of three cents ($0.03) quarterly for each calendar year, and the number of square feet of other business floor space for each office or other place of business leased, owned, occupied, or otherwise maintained within the city multiplied by the rate of one cent ($0.01) quarterly for each calendar year. 2. For purposes of this section, business warehouse means a building or structure, or any part thereof, in which goods, wares, merchandise, or commodities are received or stored, whether or not for compensation, in furtherance of engaging in business. 38 Amend Chapter 3.28 KCC Ordinance 3. For purposes of this section, other business floor space means the floor space of an office or place of business, other than a business warehouse. 4. For purposes of this section, the square footage shall be computed by measuring to the inside finish of permanent outer building walls and shall include space used by columns and projections necessary to the building. Square footage shall not include stairs, elevator shafts, flues, pipe shafts, vertical ducts, heating or ventilation shafts, janitor closets, and electrical or utility closets. 5. Persons with more than one (1) office, warehouse, or other place of business within the city must include all business warehouse floor space and other business floor space for all locations within the city. When a person rents space to another person, the person occupying the rental space is responsible for the square footage business tax on that rental space only if the renter has exclusive right of possession in the space as against the landlord. Space rented for the storage of goods in a warehouse where no walls separate the goods, and where the exclusive right of possession in the space is not held by the person to whom the space is rented and .-..aEe nted out i.. self _tOFa e" fadlities he.eby e_=}emeF=, eyes_ . _�_ _, have diFeEt a s to individual Siff ge s by .- ..agate entF-...Ees shall .._. . _ _.. ___ sees__ __ ..._.. .___. ___. _�_ _. ___ _, __r_. ___ _.._. _..___, be included in the warehouse business floor space of the person that operates the warehouse business, and not by the person renting the warehouse space. 6. If the square footage tax imposed in this subsection (B) is less than or equal to the gross receipts tax imposed in subsection (A) of this section, no square footage tax will be due; if the square footage tax 39 Amend Chapter 3.28 KCC Ordinance imposed in this subsection (B) exceeds the gross receipts tax imposed in subsection (A) of this section, the taxpayer shall also remit the excess over the gross receipts tax payable under subsection (A) of this section. C. Gross receipts exemption/square footage threshold. 1. Any person whose gross proceeds of sales, gross income of the business, and value of products, including byproducts, as the case may be, from all activities conducted within the city during any quarter is equal to or less than sixty-two thousand five hundred dollars ($62,500) during that quarter shall be exempt from the gross receipts tax imposed in this chapter. The applicable tax rates shall only apply to amounts in excess of sixty-two thousand five hundred dollars ($62,500) during any quarter. 2. The square footage tax imposed in subsection (B) of this section shall not apply to any person unless that person's total floor area of business space within the city exceeds the following threshold: a. Four thousand (4,000) taxable square feet of business warehouse space; or b. Twelve thousand (12,000) taxable square feet of other business floor space. This is a threshold and not an exemption. If the square footage tax applies, it applies to all business space leased, owned, occupied, or otherwise maintained by the taxpayer during the applicable reporting period. 40 Amend Chapter 3.28 KCC Ordinance D. Rules. The director may promulgate rules and regulations regarding the manner, means, and method of calculating any tax imposed under this section. SECTION 3, - Amendment. Section 3.28.090 of the Kent City Code, is hereby amended as follows: Sec. 3.28.090. Exemptions. A. Nonprofit corporations or nonprofit organizations. This chapter shall not apply to nonprofit organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, except with respect to retail sales of such persons. B. Certain fraternal and beneficiary organizations. This chapter shall not apply to fraternal benefit societies or fraternal fire insurance associations, as described in Title 48 RCW; nor to beneficiary corporations or societies organized under and existing by virtue of Title 24 RCW, if such beneficiary corporations or societies provide in their bylaws for the payment of death benefits. This exemption is limited, however, to gross income from premiums, fees, assessments, dues or other charges directly attributable to the insurance or death benefits provided by such societies, associations, or corporations. C. Certain corporations furnishing aid and relief. This chapter shall not apply to the gross sales or the gross income received by corporations which have been incorporated under any act of the congress of the United States of America and whose principal purposes are to furnish volunteer aid to members of the armed forces of the United States and also to carry on a system of national and international relief and to apply the same in 41 Amend Chapter 3.28 KCC Ordinance mitigating the sufferings caused by pestilence, famine, fire, floods, and other national calamities and to devise and carry on measures for preventing the same. D. Operation of sheltered workshops. This chapter shall not apply to income received from the Department of Social and Health Services for the cost of care, maintenance, support, and training of persons with developmental disabilities at non-profit group training homes as defined by chapter 71A.22 RCW or to the business activities of non-profit organizations from the operation of sheltered workshops. For the purposes of this subsection, "the operation of sheltered workshops" means performance of business activities of any kind on or off the premises of such non-profit organizations which are performed for the primary purpose of: (1) providing gainful employment or rehabilitation services to the handicapped as an interim step in the rehabilitation process for those who cannot be readily absorbed in the competitive labor market or during such time as employment opportunities for them in the competitive labor market do not exist; or (2) providing evaluation and work adjustment services for handicapped individuals. E. Credit unions. This chapter shall not apply to the gross income of credit unions organized under the laws of the state, any other state, or the United States. 8F. Health maintenance organization, health care service contractor, certified health plan. This chapter does not apply to any health maintenance organization, health care service contractor, or certified 42 Amend Chapter 3.28 KCC Ordinance health plan in respect to premiums or prepayments that are taxable under RCW 48.14.0201. GG. Public utilities. This chapter shall not apply to any person in respect to a business activity with respect to which tax liability is specifically imposed under the utility tax provisions of Chapter 3.18 KCC. BH. Investments — Dividends from subsidiary corporations. This chapter shall not apply to amounts derived by persons, other than those engaging in banking, loan, security, or other financial businesses, from investments or the use of money as such, and also amounts derived as dividends by a parent from its subsidiary corporations. EI. International banking facilities. This chapter shall not apply to the gross receipts of an international banking facility. As used in this subsection, an international banking facility means a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank, the principal office of which is located in this state, and which is incorporated and doing business under the laws of the United States or of this state, a United States branch or agency of a foreign bank, an Edge corporation organized under Section 25(a) of the Federal Reserve Act, 12 U.S.C. Sections 611 through 631, or an Agreement corporation having an agreement or undertaking with the Board of Governors of the Federal Reserve System under Section 25 of the Federal Reserve Act, 12 U.S.C. Sections 601 through 604(a), that includes only international banking facility time deposits (as defined in subsection (a)(2) of Section 204.8 of Regulation D (12 CFR Part 204), as promulgated by the Board of Governors of the Federal Reserve System), and 43 Amend Chapter 3.28 KCC Ordinance international banking facility extensions of credit (as defined in subsection (a)(3) of Section 204.8 of Regulation D). FJ. Insurance business. This chapter shall not apply to amounts received by any person who is an insurer, or their appointed insurance producer, upon which a tax based on gross premiums is paid to the state pursuant to RCW 48.14.020; and provided further, that the provisions of this subsection shall not exempt any bonding company from tax with respect to gross income derived from the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. GK. Farmers — Agriculture. This chapter shall not apply to any farmer in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any other agricultural product that is raised, caught, produced, or manufactured by such persons. ++L. Athletic exhibitions. This chapter shall not apply to any person in respect to the business of conducting boxing contests and sparring or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Boxing Commission. IM. Racing. This chapter shall not apply to any person in respect to the business of conducting race meets for the conduct of which a license must be secured from the Washington State Horse Racing Commission. 3N. Ride sharing. This chapter does not apply to any funds received in the course of commuter ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010. 44 Amend Chapter 3.28 KCC Ordinance K0. Employees. 1. This chapter shall not apply to any person in respect to the person's employment in the capacity as an employee or servant as distinguished from that of an independent contractor. For the purposes of this subsection, the definition of "employee" shall include those persons that are defined in the Internal Revenue Code, as hereafter amended. 2. A booth renter is an independent contractor for purposes of this chapter. tP. Amounts derived from sale of real estate. This chapter shall not apply to gross proceeds derived from the sale of real estate. This, however, shall not be construed to allow an exemption of amounts received as commissions from the sale of real estate, nor as fees, handling charges, discounts, interest, or similar financial charges resulting from, or relating to, real estate transactions. This chapter shall also not apply to amounts received for the rental of real estate if the rental income is derived from a contract to rent for a continuous period of thirty (30) days or longer. MQ. Mortgage brokers' third-party provider services trust accounts. This chapter shall not apply to amounts received from trust accounts to mortgage brokers for the payment of third-party costs if the accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted by the director of financial institutions. 44R. Amounts derived from manufacturing, selling, or distributing motor vehicle fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor vehicle fuel, as the term "motor vehicle fuel" is defined 45 Amend Chapter 3.28 KCC Ordinance in RCW 82.36.010 and exempt under RCW 82.36.440; provided, that any fuel not subjected to the state fuel excise tax, or any other applicable deduction or exemption, will be taxable under this chapter. 8S. Amounts derived from liquor, and the sale or distribution of liquor. This chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. PT. Casual and isolated sales. This chapter shall not apply to the gross proceeds derived from casual or isolated sales. QU. Accommodation sales. This chapter shall not apply to sales for resale by persons regularly engaged in the business of making retail sales of the type of property so sold to other persons similarly engaged in the business of selling such property where (1) the amount paid by the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the article and (2) the sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is made within fourteen (14) days to reimburse in kind a previous accommodation sale by the buyer to the seller. RV. Taxes collected as trust funds. This chapter shall not apply to amounts collected by the taxpayer from third parties to satisfy third party obligations to pay taxes such as the retail sales tax, use tax, and admission tax. SW. United States, Washington State governmental entities. This chapter shall not apply to gross income received by the United States or any instrumentality thereof and by the state of Washington or any municipal subdivision thereof. 46 Amend Chapter 3.28 KCC Ordinance TX. Research and development under federal contracts. This chapter shall not apply to amounts received for research and development activities performed on behalf of, under contract to, or in partnership with the United States government. For purposes of this section, research and development activities means activities performed to discover technological information, and technical and nonroutine activities concerned with translating technological information into new or improved products, processes, techniques, formulas, inventions, or software, the application of which is intended to be useful in the development of a new or improved federal project or component thereof. SECTION 4, - Amendment. Section 3.28.100 of the Kent City Code, is hereby amended as follows: Sec. 3.28.100. Deductions. In computing the license fee or tax, there may be deducted from the measure of tax the following items: A. Membership fees and certain service fees by non-profit youth organization. For purposes of this subsection, "non-profit youth organization" means a non-profit organization engaged in character building of youth which is exempt from property tax under RCW 84.36.030. In computing tax due under this chapter, there may be deducted from the measure of tax all amounts received by a non-profit youth organization: 1. As membership fees or dues, irrespective of the fact that the Payment of the membership fees or dues to the organization may entitle its members, in addition to other rights or privileges, to receive services from the organization or to use the organization's facilities; or 47 Amend Chapter 3.28 KCC Ordinance 2. From members of the organization for camping and recreational services provided by the organization or for the use of the organization's camping and recreational facilities. B. Fees, dues, charges. In computing tax, there may be deducted from the measure of tax amounts derived from bona fide: 1. initiation fees; 2. dues; 3. contributions; 4. donations; 5. tuition fees; 6. charges made by a non-profit trade or professional organization for attending or occupying space at a trade show, convention, or educational seminar sponsored by the non-profit trade or professional organization, which trade show, convention, or educational seminar is not open to the general public; 7. charges made for operation of privately operated kindergartens; and S. endowment funds. This subsection shall not be construed to exempt any person, association, or society from tax liability upon selling tangible personal property or upon providing facilities or services for which a special charge is made to members or others. If dues are in exchange for any significant amount of goods or services rendered by the recipient thereof to members without any additional charge to the member, or if the dues are graduated upon the amount of goods or services rendered, the value of such goods or services shall not be considered as a deduction under this subsection. 48 Amend Chapter 3.28 KCC Ordinance C. Artistic and cultural organizations - income from business activities. In computing tax, there may be deducted from the measure of tax those amounts received by artistic or cultural organizations, as defined in this chapter, which represent: 1. income derived from business activities conducted by the organization,_provided that this deduction does not apply to retail sales made by artistic and cultural organizations; 2. amounts received from the United States or any instrumentality thereof or from the State of Washington or any municipal corporation or subdivision thereof as compensation for; or to support, artistic or cultural exhibitions, performances, or programs provided by an artistic or cultural organization for attendance or viewing by the general public; or 3. amounts received as tuition charges collected for the privilege of attending artistic or cultural education programs. D. Artistic or cultural organization - deduction for tax under the manufacturinq classification - value of articles for use in displavinq art obiects or presenting artistic or cultural exhibitions, performances, or programs. In computing tax, there may be deducted from the measure of tax by persons subject to payment of the tax under the manufacturing classification, the value of articles to the extent manufacturing activities are undertaken by an artistic or cultural organization, as defined in this chapter, solely for the purpose of manufacturing articles for use by the organization in displaying art objects or presenting artistic or cultural exhibitions, performances, or programs for attendance or viewing by the general public. E. Day care activities. In computing tax, there may be deducted from the measure of tax amounts derived from day care activities by any 49 Amend Chapter 3.28 KCC Ordinance organization organized and operated for charitable, educational, or other purposes which is exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code, as hereafter amended;_provided, however, that amounts derived from selling, altering or repairing tangible personal Property shall be deductible. AF. Compensation from public entities for health or social welfare services - Exception. In computing tax, there may be deducted from the measure of tax amounts received from the United States or any instrumentality thereof or from the state of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization (as defined in RCW 82.04.431) or by a municipal corporation or political subdivision, except deductions are not allowed under this subsection for amounts that are received under an employee benefit plan. For purposes of this subsection, "employee benefit plan" includes the military benefits program authorized in 10 U.S.C. Section 1071 et seq., as amended, or amounts payable pursuant thereto. 8G. Interest on investments or loans secured by mortgages or deeds of trust. In computing tax, to the extent permitted by Chapter 82.14A RCW, there may be deducted from the measure of tax by those engaged in banking, loan, security, or other financial businesses amounts derived from interest received on investments or loans primarily secured by first mortgages or trust deeds on nontransient residential properties. GH. Interest on obligations of the state, its political subdivisions, and municipal corporations. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security, or other financial businesses amounts derived from interest paid on all obligations 50 Amend Chapter 3.28 KCC Ordinance of the state of Washington, its political subdivisions, and municipal corporations organized pursuant to the laws thereof. DI. Interest on loans to farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives. In computing tax, there may be deducted from the measure of tax amounts derived as interest on loans to bona fide farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively by its borrowers or members and which is engaged solely in the business of making loans and providing finance-related services to bona fide farmers and ranchers, producers or harvesters of aquatic products, their cooperatives, rural residents for housing, or persons engaged in furnishing farm-related or aquatic-related services to these individuals or entities. EJ. Receipts from tangible personal property delivered outside the state. In computing tax, there may be deducted from the measure of tax under retailing or wholesaling amounts derived from the sale of tangible personal property that is delivered by the seller to the buyer or the buyer's representative at a location outside the state of Washington. FK. Cash discount taken by purchaser. In computing tax, there may be deducted from the measure of tax the cash discount amounts actually taken by the purchaser. This deduction is not allowed in arriving at the taxable amount under the extracting or manufacturing classifications with respect to articles produced or manufactured, the reported values of which, for the purposes of this tax, have been computed according to the "value of product" provisions. 51 Amend Chapter 3.28 KCC Ordinance GL. Credit losses of accrual basis taxpayers. In computing tax, there may be deducted from the measure of tax the amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis. M. Repair, maintenance, replacement, etc., of residential structures and commonly held property - eligible organizations. 1. In computing tax, there may be deducted from the measure of tax amounts used solely for repair, maintenance, replacement, management, or improvement of the residential structures and commonly held property, but excluding property where fees or charges are made for use by the public who are not guests accompanied by a member, which are derived by. a. A cooperative housing association, corporation, or partnership from a person who resides in a structure owned by the cooperative housing association, corporation, or partnership; b. An association of owners of property as defined in RCW 64.32.010, as now or hereafter amended, from a person who is an apartment owner as defined in RCW 64.32.010, or C. An association of owners of residential property from a person who is a member of the association. "Association of owners of residential property" means any organization of all the owners of residential property in a defined area who all hold the same property in common within the area. 2. For the purposes of this subsection "commonly held property includes areas required for common access such as reception areas, halls, stairways, parking, etc., and may include recreation rooms, swimming pools and small parks or recreation areas; but is not intended to include more grounds than are normally required in a residential area, or to 52 Amend Chapter 3.28 KCC Ordinance include such extensive areas as required for golf courses, campgrounds, hiking and riding areas, boating areas, etc. 3. To qualify for the deductions under this subsection: a. The salary or compensation paid to officers, managers, or employees must be only for actual services rendered and at levels comparable to the salary or compensation of like positions within the country wherein the property is located; b. Dues, fees, or assessments in excess of amounts needed for the purposes for which the deduction is allowed must be rebated to the members of the association; C. Assets of the association or organization must be distributable to all members and must not inure to the benefit of any single member or group of members. N. Radio and television broadcasting - advertising agency fees - national, regional, and network advertising - interstate allocations. In computing tax, there may be deducted from the measure of tax by radio and television broadcasters amounts representing the following: 1. advertising agencies' fees when such fees or allowances are shown as discount or price reduction in the billing or that the billing is on a net basis, i.e., less the discount; 2. actual gross receipts from national network, and regional advertising or a "standard deduction" as provided by RCW 82.04.280; and 3. local advertising revenue that represent advertising which is intended to reach potential customers of the advertiser who are located outside the State of Washington. The Director may issue a rule that provides detailed guidance as to how these deductions are to be calculated. 53 Amend Chapter 3.28 KCC Ordinance ++0. Constitutional prohibitions. In computing tax, there may be deducted from the measure of the tax amounts derived from business which the city is prohibited from taxing under the Constitution of the state of Washington or the Constitution of the United States. 113. Receipts from the sale of tangible personal property and retail services delivered outside the city but within Washington. Amounts included in the gross receipts reported on the tax return derived from the sale of tangible personal property delivered to the buyer or the buyer's representative outside the city but within the state of Washington may be deducted from the measure of tax under the retailing, retail services, or wholesaling classification. 3Q. Professional employer services. In computing the tax, a professional employer organization may deduct from the calculation of gross income the gross income of the business derived from performing professional employer services that is equal to the portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, workers' compensation, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement. SECTIONS. - Retroactivitv. This ordinance shall be effective and apply retroactively to all reporting periods that began on or after January 1, 2014. SECTION 6, - 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; 54 Amend Chapter 3.28 KCC Ordinance or references to other local, state or federal laws, codes, rules, or regulations. SECTION 7, — 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 five (5) 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 PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014. 55 Amend Chapter 3.28 KCC Ordinance 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 F\OvlpOrd,nznre\328 090 9&O Rovls.on,2014 Opfion-A do- 56 Amend Chapter 3.28 KCC Ordinance KENT ° Agenda Item: Consent Calendar — 7E TO: City Council DATE: March 4, 2014 SUBJECT: New Water Superintendent I Classification - Approve MOTION: Authorize the Mayor 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. SUMMARY: Recruitment for the vacant Water Superintendent position has been completed twice since the position was vacated in 2012. However, we have not yet found an appropriate candidate. Recognizing the talent of our existing employees, and the skill sets they possess, Public Works is proposing to create a Water Superintendent I (WS I) classification. An existing employee would be selected to fill the WS I position and work within this capacity as they develop and demonstrate the skills necessary to move into the Water Superintendent classification. The proposed WS I classifications pay scale (NRB44) is two pay scales below the Water Superintendent pay scale (NRB46). This new classification does not add an additional position; however, Council approval is required for a revised classification. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Ralph, Berrios, Boyce NAY: BUDGET IMPACTS: There is no budget impact with this proposal. This page intentionally left blank. • Nl. KENT Agenda Item: Consent Calendar- 7F TO: City Council DATE: March 4, 2014 SUBJECT: Position Change from Supervisor to Special Projects Manager - Approve MOTION: Authorize the Mayor 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. SUMMARY: City staff continues to look for opportunities to improve workflow in our projects and programs. It has become apparent that several major initiatives in Public Works Engineering would be more effectively led by an individual focused on these 'special projects'. Staff continues to focus on levee accreditation, roadway rehabilitation, utility improvements, and our state and federally mandated regulatory functions; however, there are several projects in environmental, transportation and solid waste that require special attention. Rehabilitation (dredging) of Mill Creek, Garrison Creek and Springbrook Creek are estimated to take 10 years and will require extensive work on permits, contracting and disposal of material. Significant changes in the way the state and region operate transit and pay for transportation improvements are underway, and the city needs to put additional effort into grant coordination and regional planning initiatives. We are also exploring changes to the Residential Traffic Calming Program. The Solid Waste Utility continues to evolve based on the current solid waste contract and our interactions with King County on regional disposal. We are proposing to upgrade an existing Supervisor position to take on additional duties and act as the Special Projects Manager for projects like those noted above. EXHIBITS: None RECOMMENDED BY: Operations Committee YEA: Ralph, Berrios, Boyce NAY: BUDGET IMPACTS: The pay range for the position would increase from a Non- Represented 44 to Non-Represented 48, which is an increase of roughly $10,000 per year. This increase would be charged to the projects managed by the incumbent. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: March 4, 2014 SUBJECT: Consultant Agreement for the Green River Trail Projects from Veterans Drive to Three Friends Fishing Hole — Authorize MOTION: Authorize the Mayor 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. SUMMARY: Two of the current Green River projects being undertaken by Public Works hold the potential to have long-term significant impacts to an important 2-mile stretch of the Green River Trail, as well as Van Doren's Landing Park and other public properties along the stretch of the Green River from approximately South 200th Avenue to South 231't Avenue. Public Works and our project partners (including King County and the Army Corps of Engineers) agree that master planning and park design are critical components that will help ensure that the projects address multiple important civic priorities and protect important civic assets. EXHIBITS: a) Draft Consultant Agreement b) Sole Source Memorandum RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the Regional Trails Budget. This page intentionally left blank. KENT wAI T�� CONSULTANT SERVICES AGREEMENT between the City of Kent and Berger Partnership P.S. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger Partnership P.S. organized under the laws of the State of Washington, located and doing business at 1721 8th Avenue North, Seattle, WA 98109, Greg Brower 206-325-6877 (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: As described and attached herein as Exhibit A: Van Doren's Landing Park/Lower Russell Rd/Boeing Rock Master Plan 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 December 31, 2014. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed One Hundred Sixty One Thousand, Five Hundred and Fifty Five and no/100 ($161,555.00) including applicable Washington State sales tax,], 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. B. The Consultant shall submit quarterly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 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 Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 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 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. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 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 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 CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 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: Greg Brower Hope Gibson Berger Partnership P.S. City of Kent 1721 8th Ave. North 220 Fourth Avenue South Seattle, WA 98109 Kent, WA 98032 206-325-6877 (telephone) (253) 856-5112 (telephone) gregb@bergerpartnership.com hgibson@kentwa.gov APPROVED AS TO FORM: Kent Law Department 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: For: 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 1� 110��1111���`p`p PA PINrtisriIP 2.11.14 �(161 W berger Hope Gibson Park Planning and Development Manager City of Kent 220 Fourth Avenue South Kent, WA 98032 Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Dear Hope: We are pleased to submit this proposal for the Green River Trail design and implementation. The area covered in this proposal is along the Green River from Veterans Drive to Three Friends Fishing Hole,within property controlled by the City of Kent. For the purposes of this proposal,the project consists of two areas: Van Doren's Landing Park/Russell Road: Veteran's Drive to S. 212`h Street, and the Boeing property: S. 212`h Street to Three Friends Fishing Hole. The scope of work includes the design of the area outlined above followed by the construction of improvements on the Boeing property. The scope of work for Van Doren's Landing park/Russell Road includes visioning and conceptual design, public outreach, development of a preferred plan, and master plan. The scope of work for the Boeing property includes trail design, preparation of construction documents, permitting, bidding, and construction observation. Project goals are outlined in a document provided January 28, 2014. Van Doren's Landing Park/Russell Road We will participate in a collaborative effort to create a master plan for this length of the Green River Trail. The master plan will include the trail, drive lanes, setback levee, Van Doren's Landing Park, and the edge of the Green River Natural Resources Area. The city will provide the engineering support to lay out a preferred levee alignment and road or trail relocation. Vision and Conceptual Design In this phase we will work with the city, community and stakeholders to establish a vision and conceptual design for the trail and parks along the Green River corridor. • Project kick-off meeting: Attend and participate in a meeting with the stakeholders, parks, public works, King County, and others, as appropriate. • Conduct a site visit to review existing conditions. Record findings through photographs and plan notation. I ')I dYd 1:)r, 1,Y1 h 11r C.'1 or( Berger Partnership Ps 206 325 6877 I IY�:1 r1 YI �� ^1'I(: rl 1721 Bm Ave N bergerpartnershlp.com Seattle,WA 98109 2.11.14 m0�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 2 of 10 • Prepare base plan from GIS provided by the city. Add and confirm information as necessary. • Establish design opportunities and constraints. • Prepare diagrams and concepts for trail alignment and park improvements. Support the concepts with images and sketches. • Attend (5) meetings to review design progress and obtain input. Prepare a design narrative. • Prepare a preliminary estimate of probable construction costs. Deliverables: Site analysis 2-3 Conceptual ideas Design narrative Preliminary estimate of probable construction costs Public Outreach Public outreach will occur throughout the process of establishing a master plan for the Van Doren's/Russell Road corridor. Outreach will be conducted through virtual meetings conducted through the city's website. We will provide graphics, images, and text for use in the web based meetings. The public outreach will be conducted in three phases: Conceptual, Preferred Plan, and Master Plan. For each outreach effort we will provide the following: • Plans, diagrams, and graphics that depict the design intent and illustrate the ideas up for input. • Support images, photos, sections, and sketches that further develop the design intent. • Awritten narrative to support the graphic material and provide additional information to aid the review. • Prepare a summary of virtual meeting input. • Master Plan presentation to the city council, park board, and community. Deliverables: Plans and diagrams for virtual meetings Images, graphics, and photos Virtual meeting summary Presentation boards 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 3 of 10 Preferred Plan In this phase we will refine the conceptual ideas into a preferred plan. The design will be based on the input received through the virtual meeting and meetings with stakeholders. Services we will provide during this phase include the following: • Address review comments and input. • Refine the conceptual designs into a single plan. • Prepare plan graphics, sections, and elevations. • Prepare conceptual grading. • Update the written narrative. • Attend (3) coordination meetings. • Provide review of trail and road alignment work prepared by others. • Update the estimate of probable construction costs. Deliverables: Preferred plan graphic, sections, elevations Conceptual grading Written narrative Estimate of probable construction costs Master Plan In this phase we will refine the preferred plan into the master plan. The master plan will include information to guide future planning along the Green River Trail including trail alignment,trail amenities, park improvements,trail access, and safety improvements. Services we will provide include the following: • Address review comments and input. • Refine and revise the plan graphics, sections, and support documents to reflect the comments and input. • Identify and prepare a list of possible permits and issuing agencies. • Compile master plan documents into a single, bound resource. Provide in digital and hardcopy format. • Attend (3) coordination meetings. • Update the written narrative. • Update the estimate of probable construction costs. 2.11.14 Im10�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 4 of 10 Deliverables: Master plan graphic List of permits and project requirements Written narrative update Estimate of probable construction costs update Master plan document Boeing Property This phase of work includes the design of the secondary trail along the Green River. We will work with the city, Corps of Engineers, and King County to prepare a design for the secondary trail within the Boeing Property. The secondary trail will be located between the Green River Trail and the Green River. This work also includes the design of parking for 10-20 cars and trail access. Design In this phase we will develop the trail alignment and amenities such as river overlooks, connecting paths, and planting. The work will be developed through a series of meetings and work sessions. The basis for the design is a concept plan prepared previously by others. • Prepare a base plan from a survey and site information provided by the city. The conceptual alignment provided will be incorporated. • Conduct a site visit to review existing conditions. Record findings through photographs and plan notation. • Review requirements for jurisdictional approvals and permits. • Attend a kick-off meeting. • Prepare a plan with the secondary trail, overlooks, existing trees, and parking located. • Prepare a concept planting plan for review and integration with work by others. • Prepare a draft project manual including general conditions provided by the city and draft specifications. • Review work prepared by others and provide comments. • Refine the plan to reflect review comments, input and coordination. • Attend (3) meetings to review progress and coordinate design efforts. • Attend (1) meeting to review project permitting requirements. • Prepare an estimate of probable construction costs. • Provide plans to the city for review and comment at 30%complete. 2.11.14 Im10�g111gq PA PI Nt RS II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 5 of 10 Deliverables: Base plan Permit requirements Trail plan 30%submittal Draft project manual Estimate of probable construction costs Construction Documents In this phase we will prepare documents for the construction of the proposed improvements. The documents will include both plans and specifications. • Prepare construction documents based on the approved design documents. • Prepare site preparation plan, vegetation removal, erosion control. • Prepare layout and alignment plans. • Prepare grading plans with spot elevations and slope requirements. • Prepare drainage and stormwater controls plan for the parking lot. • Prepare irrigation plans for a temporary irrigation system, controller power, etc. • Prepare planting plans. • Prepare construction details. • Prepare project manual with general conditions and specifications. • Prepare an update of the estimate of probable construction costs. • Review and comment on work prepared by others. • Attend (10) meetings to review progress and coordinate with work prepared by others. • Provide plans to the city for review and comment at 60%, 90%, and 100% complete. Deliverables: Construction Documents 60%, 90%, and 100% submittals Project manual Estimate of probable construction costs 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 6 of 10 Permitting In this phase we will prepare documents for permitting. This includes preparation of plans and forms for jurisdictional review. The permitting agency will be the City of Kent. The submittal for permits will take place during preparation of the construction documents at 60%complete. Required permits will be determined but are anticipated to include clearing, grading, and stormwater and erosion control, and possibly shorelines, and critical areas. • Research and define required permits. • Attend (1) pre-submittal meeting. This meeting may take place during the construction documents phase. • Add the necessary notations, and calculations to the plans for permitting. • Prepare forms for permitting as required. • Assemble the permit submittal and submit plans. • Review and respond to permit comments/questions. • Attend (1) meeting to review permit comments/questions. • Provide revisions to permit documents. Note: The permit process can vary so the allowance for revisions is limited to (8) hours. Deliverables: Permit requirements Permit documents Permit comment response and plan revisions Bid Administration We will provide support services to Parks during the bidding phase. Specific services include the following: • Prepare documents for bid • Attend pre-bid conference. • Prepare meeting minutes for the pre-bid conference. • Provide responses to bidder questions. • Prepare addenda as necessary. Deliverables: Meeting minutes Response to bidder questions Addenda 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 7 of 10 Construction Administration We will provide services during construction to review progress, check that contractor work is consistent with the construction documents, and note work needing correction. • Attend preconstruction meeting and prepare meeting notes. • Conduct (10) construction meetings (every other week) and prepare meeting notes. • Review submittals and shop drawings. • Prepare modification proposals and change orders as approved by the city. • Make interim site visits to review progress and work quality. • Attend walk through prior to project completion and prepare punchlist for work in need of correction. • Back check the punchlist and issue final completion. • Prepare and provide record drawings reflecting the as-built condition as recorded in the contractor's record drawings. • Obtain operating manuals, maintenance manuals, and equipment brochures. Provide to the city. Deliverables: Meeting notes and observation reports Shop drawing/submittal review Punchlist Record drawings Assumptions • Base plans will be prepared from surveys provided by the City of Kent. • The required permits, submittal requirements, and review process are not clearly defined at this time. Limited time has been included for permit administration. Additional services, if needed, will be identified and approved before providing service. • General conditions to the specifications will be provided by the city. Specifications will be provided in CSI format. • The city will administer the bid process, advertise bid, conduct meetings, and tabulate bids • The city will lead the construction observation, make field visits, and perform other related tasks. 2.11.14 Im10�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 8 of 10 Fees Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: Van Doren's/Russell Road Vision and Conceptual Design $16,010.00 Public Outreach $6,220.00 Preferred Plan $15,390.00 Master Plan $13,955.00 Subtotal $51,575.00 Boeing Property Design $20,870.00 Construction Documents $31,145.00 Permitting $9,485.00 Bid Administration $7,280.00 Construction Observation $18,100.00 Subtotal $86,880.00 Subconsultants Civil Engineer (Allowance w/ 10% mark-up) $16,500.00 Irrigation Design (Allowance w/10% mark-up) $6,600.00 Subtotal $23,100.00 Project Total $161,555.00 Fees will be billed monthly based upon the percentage of work completed. Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be negotiated: Principal $175.00 per hour Associate $130.00 per hour Project Manager $105.00 per hour Landscape Architectural Staff $90.00 per hour Administrative Staff $60.00 per hour Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable expenses will be billed in addition to the above fees at cost plus a 10%administrative mark-up. All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1% per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 9 of 10 postponed until receipt of payment, unless special arrangements are made prior to providing the services. Fees may be subject to renegotiation if the proposal is not accepted within 60 days. If the duration of the contract exceeds one year, hourly rates may be subject to annual adjustments at the anniversary date of the contract. Revisions&Additions To Proposal Once the design is approved, any substantive revision to the drawings resulting from owner/client directed changes (including program changes, scope of work changes, modifications to existing documents, construction and/or site and conditions change and adjustments to time frames) will be billed as an extra service. Billing will be hourly, unless a guaranteed maximum fee is requested for the revision. Written confirmation of the change/revision will be sent as an amendment to this contract. Revision work started at the direction of the owner/client, then subsequently terminated,will be billed as extra services through date of stop-work notification. Subconsultants Allowance for subconsultants' fees are included in the scope of work identified at this time. Subconsultants include the civil engineer and irrigation designer. 2.11.14 m0�g111gq PA PI Nrtis II I Hope Gibson ((116141 City of Kent berger Proposal for Landscape Architectural Services—Green River Trail,Veterans Drive to Three Friends Fishing Hole Page 10 of 10 If this proposal meets with your approval, please sign one copy and return it to our office. If you have questions, would like more information, or wish to make any modifications, please do not hesitate to contact us. We look forward to working with you on the Green River Trail in Kent. Sincerely, Berger Partnership PS Greg Brower Principal APPROVED: Date mvi�o) P A R I N I A',14 I V berger 0iim6 Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Van Doren's Park/ Russell Road Visioning and Conceptual Design 2 months Site survey review 1 $130.00 Base plan preparation 2 4 $620.00 Site visit 3 3 $915.00 Kick off meeting 3 3 $915.00 Site analysis 2 2 6 $1,150.00 Concerns and constraints 1 4 $695.00 Design concepts 8 8 16 $3,880.00 Character images/sketches 2 4 8 $1,590.00 Design narrative 2 2 $470.00 Meetings (5) 15 9 $3,795.00 Estimate of probable consruction cost 2 8 $980.00 Project Administration 2 4 $870.00 Visioning Totals 38 42 0 42 2 $16,010.00 2 months Public and External Agency Outreach concurrent 1. Prepare concepts for input 1 2 8 $1,155.00 Input summary 1 $130.00 2. Prepare preferred plan for input 1 2 8 $1,155.00 Input summary 1 $130.00 3. Prepare master plan for input 2 2 16 $2,050.00 Master plan presentation 4 4 $1,220.00 Input summary 2 2 $380.00 Outreach Totals 8 14 0 32 2 $6,220.00 Preferred Plan 2 months Address input comments 2 $260.00 Concerns and constraints review 2 2 $610.00 Define permits 1 2 $435.00 Refine concepts into preferred plan 6 8 16 $3,530.00 Update narrative 2 2 $470.00 Prepare plans 4 16 $1,960.00 Prepare sections 2 8 $980.00 Conceptual grading 2 8 $1,070.00 Character images 4 4 $880.00 Meetings (3) 9 6 $2,355.00 Estimate of probable construction cost 1 2 4 $795.00 Review work by others 3 3 $915.00 Project Administration 2 6 $1,130.00 Preferred Plan Totals 28 41 0 56 2 $15,390.00 Master Plan 2 months Address input comments 2 $260.00 Prepare master plan graphics 4 8 24 $3,900.00 Update narravtive 2 2 $470.00 Identify permit issues 2 4 $870.00 Prepare master plan brochure 1 8 32 8 $4,575.00 emviloo)g P�A R I N I A',14 I V 1 iim 6 berger Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Meetings (3) 6 9 $2,220.00 Estimate of probable construction cost 2 4 $620.00 Project aministration 8 $1,040.00 Master Plan Totals 15 41 0 60 10 $13,955.00 Van Doren's/Russell Road Subtotals 89 138 0 190 16 $51,575.00 Boeing Property Design 2 months Site survey review 1 2 $435.00 Base plan preparation 2 8 $980.00 Site visit 4 4 $1,220.00 Permit requirements 2 4 $870.00 Kick off meeting 4 4 $1,220.00 Site analysis 2 4 8 $1,590.00 Design concepts 8 4 16 $3,360.00 Planting concepts 4 4 8 $1,940.00 Draft project manual 2 2 4 $850.00 Review work by others 4 4 $1,220.00 Meetings (3) 9 9 $2,745.00 Meeting - permit requirements 3 3 $915.00 Estimate of probable consruction cost 1 4 8 $1,415.00 30%submittal 4 8 $1,240.00 Project Administration 2 4 $870.00 Design Totals 46 58 0 56 4 $20,870.00 Construction Documents 4 months Address input comments 2 2 $610.00 Site prep plan 2 4 12 $1,950.00 Layout plan 2 6 24 $3,290.00 Grading and drainage plan 2 6 16 $2,570.00 Irrigation plan and details 2 4 $620.00 Planting plan 4 6 24 $3,640.00 Construction details 4 4 16 $2,660.00 Specifications Boiler plate 2 2 $380.00 Edit 4 16 8 $3,260.00 Meetings (10) 9 30 $5,475.00 Estimate of probable construction cost 2 4 4 $1,230.00 60%submittal 4 8 $1,240.00 90%submittal 4 8 $1,240.00 100%submittal 4 8 $1,240.00 Project adminstration 4 8 $1,740.00 Construction Documents Totals 35 102 0 124 10 $31,145.00 Permitting Concurrent Permit requirements 4 4 $1,220.00 Pre-submittal meeting 3 $390.00 mvi�o) P A R I N I A',14 I V berger 0iim6 Fee Estimate Worksheet Date: 2.11.14 PM Admin Project: Green River Trail $175 $130 $105 LAS$90 $60 Plan notations and calcs. 4 8 $1,240.00 Document preparation, notes,forms 2 4 8 $1,350.00 Submittal 4 $520.00 Meeting - permit review 3 3 $915.00 Respond to review comments 2 4 $870.00 Revise documents 4 8 $1,240.00 Project adminstration 4 8 $1,740.00 Peermitting Totals 15 38 0 16 8 $9,485.00 Bid Administration 2 months Prepare documents for bid 4 8 $1,240.00 Plans to bid house 2 $260.00 Pre bid meeting/site walk 4 $520.00 Respond to bidder questions 2 8 8 $2,110.00 Prepare addenda 4 8 $1,240.00 Issue addenda 4 $520.00 Project Adminstration 2 8 $1,390.00 Bid Adminstration Totals 4 34 0 24 0 $7,280.00 Construction Observation 5 months Pre construction meeting 4 $520.00 Construction meetings (10) 40 $5,200.00 Review submittals/shop drawings 8 8 $1,760.00 Respond to RFI's 10 24 $3,460.00 Site visits in addition to wkly mtgs 8 6 $2,180.00 Punchlist walk and prep 6 $780.00 Substantial completion 4 $520.00 Punchlist follow up 4 $520.00 Final completion 4 $520.00 Record drawings 4 12 $1,600.00 Project Administration 8 $1,040.00 Construction Observation Totals 8 98 0 44 0 $18,100.00 Boeing Property Subtotals 108 330 0 264 22 $86,880.00 Van Doren/Boeing Subtotals 197 468 0 454 38 $138,455.00 Subconsultants Civil Engineer Allowance w/10% mark up $16,500.00 Irrigation Design Allowance w/10% mark up $6,600.00 Subconsutlants Subtotal $23,100.00 Project Total $161,555.00 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. 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 A:VII. 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 — 7H TO: City Council DATE: March 4, 2014 SUBJECT: Land 0' Frost Donation Agreement - Authorize MOTION: Accept the $19,000 donation from Land O' Frost for the 2014 season of youth sports 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. SUMMARY: Land 0' Frost believes in the importance of families participating together in healthful, well-rounded experiences. They are grateful for the opportunity to give back to deserving communities and help keep children involved in positive character- building activities. The $19,000 from Land 0' Frost will fund sponsorships for youth programs for the 2014 season. The Land 0' Frost Youth Sports Program provides funds to local communities to help offset some of the costs associated with organizing and operating their youth sports programs for children up to 10 years old. Land 0' Frost Youth Sports began in 2002 and since that time has grown to include more than 300 leagues, 12,500 teams, and 125,000 players. Since its inception, Land 0' Frost Youth Sports has sponsored over one million players. EXHIBITS: Donation Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Revenue to the Youth Sponsorships Budget. .t 3426 ContractID Great Tasting Lunchmeat Kent Parks And Recreation /LAND O' FROST SPONSORSHIP 2014 The following will be included in the comprehensive 2014 Land O'Frost Youth Sponsorship Program for the Seattle area. The following is a summary of the elements that will be included in the annual sponsorship agreement between Kent Parks And Recreation(KPR)and Land O'Frost(LOF). This agreement will commence on January 1,2014 and will terminate on December 31, 2014. Sponsorship Elements: This sponsorship will focus on approximately 190 teams in the Winter/Spring/Fall 14' season. Land O'Frost will sponsor teams under the age of 10. • Prominent Logo inclusion on the front or back of jerseys for 190 teams . LOF will supply all necessary logo\ artwork and KPR will have the shirts printed. (The LOF logo will need to be a minimum of 2 '/2"H x 10" W. The phrase Great Tasting Lunchmeat will need to be placed underneath the Land O' Frost oval. Land O' Frost to be the exclusive jersey sponsor, no other corporate logos to be placed on jerseys.) • Coupon distribution in opening day packets, at tournaments, in mailings and other key functions throughout the year. (LOF will supply all coupons) • Announcements by team and league administration to parents/kids about sponsorship. • Opportunity for mention/inclusion of Land O' Frost product message in any league/parent communication. • One approximately 4' x 8' banner(or similar signage)to be displayed where KPR teams,that LOF sponsors play. (LOF will give banner artwork and KPR will have banner printed) • Logo inclusion on KPR game schedules for teams sponsored,registration materials and newsletters if possible. • Land O' Frost logo/youth sports link placed on the league web site htto://www.landofrost.com/vouthsoorts • A minimum of two (2) annual Email Blasts to all parents, if available, letting them know of the LOF Youth Sports Link for special offers. LOF will provide Email Blast Template. • Client will need Proof of Purchase(190 team pictures) by December 31,2014 The Land O' Frost logo will need to be clearly identified on the shirts in 190 team pictures. The pictures can be informal,taken with a digital camera or regular film. LAND O' FROST WILL DONATE: S19,000.00 Kent Parks And Recreation Representitive Land O' Frost Representative Knox This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7I TO: City Council DATE: March 4, 2014 SUBJECT: 2014 Washington State Slo-Pitch Umpires Association Agreement - Authorize MOTION: Authorize the Mayor 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. SUMMARY: Participating teams in the City of Kent Adult Softball Program annually select their preferred umpires association to provide umpire coverage for league play. Each year, up to 180 teams will play in league games covered by the Washington State Slo-pitch Umpires Association Agreement. As a result, the 2014 contract will likely exceed $35,000.00. Participant fees cover all costs for this program. EXHIBITS: Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the Recreation Operating Budget. This page intentionally left blank. `� KENT GOODS & SERVICES AGREEMENT between the City of Kent and Washington State Slo-pitch Umpires Association THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Washington State Slo-pitch Umpires Association organized under the laws of the State of Washington, King County, located and doing business at 19516 63rd PL NE, Kenmore, WA 98028 (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: Description: Adult Slowpitch Softball Umpiring Start time/Duration/Stop Time: April 1, 2014 to September 30, 2014 Event Location: City of Kent and Kent School District Athletic Fields The vendor agrees to credit the City of Kent $20.00 and One (1) dozen approved softballs for failure to provide umpire services for a scheduled game, per occurrence. 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 completion of the Softball Season, September 30, 2013. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed 1 person/multiple games-$33.00 per game; 2 person/multiple games-$56.00 per game, 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) Washington State Slo-pitch Umpire Association will submit an itemized invoice of games worked, umpires per game and fee incurred. Invoice may be divided into portions of the season, either on a monthly or bi-monthly schedule or one invoice for the entire program/season. 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. 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 A 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. 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. GOODS & SERVICES AGREEMENT - 5 (Over$10,000.00, including WSST) 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. I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. GOODS & SERVICES AGREEMENT - 6 (Over$10,000.00, including WSST) 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: Dale McGregor David E. Heldt/Kent Commons Washington State Slo-pitch Umpires City of Kent 19516 63rd PL NE 220 Fourth Avenue South Kenmore, WA 98028 Kent, WA 98032 425-481-2005 (telephone) (253) 856-5000 (telephone) 425-481-2005 (facsimile) (253) 856-6000 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the electronic filepeN where the contract has been saved] 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. Dated this day of 200. By: For: 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. Dated this day of 200 . By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 KENT Agenda Item: Consent Calendar - 73 TO: City Council DATE: March 4, 2014 SUBJECT: Fire Station #74 Data Center Remodel Agreement with Dutton Electric Company, Inc. - Authorize MOTION: Authorize the Mayor 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. SUMMARY: This contract is to provide the electrical capacity to run an uninterrupted power supply unit that backs up power to the city-wide Data Center housed at Fire Station 74 in the event that main utility power is lost. The completion of this Data Center is a high priority project for the IT Department. EXHIBITS: Draft Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger - Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Budgeted in the IT Data Center Upgrade Project Budget. This page intentionally left blank. CONTRACT BETWEEN THE CITY OF KENT AND DUTTON ELECTRIC COMPANY, INC. THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a Washington municipal corporation ("City"), and Dutton Electric Company, Inc. organized under the laws of the State of Washington, located and doing business at 12407 Mukilteo Speedway, A170, Lynnwood, WA 98087, Bruce Deane, (425) 347- 7600 ("Contractor'). WITNESS: In consideration of the terms and conditions contained herein and attached and made a part of this Agreement, the parties agree as follows: 1. The Contractor shall do all work and furnish all tools, materials, and equipment for: City of Kent Fire Station 74 Electrical Improvements in accordance with and as described in the Contract and shall perform any alterations in or additions to the work provided under the Contract and every part thereof. The Contract shall include all project specifications, provisions, and plans; the City's general and special conditions; the 2012 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable ("Standard Specifications"); the City's bid documents; and the Contractor's response to the City's bid. The Contractor is responsible to obtain copies of the 2012 WSDOT Standard Specifications including the latest amendments issued by WSDOT as of the date of bid opening. Unless otherwise directed by the City, work shall start within ten (10) days after the City issues its Notice to Proceed and be completed within 45 days. The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract and every part thereof, except as mentioned in the specifications to be furnished by the City. 2. The City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract and the schedule of unit or itemized prices provided by Contractor in its response to the City's bid, at the time and in the manner and upon the conditions provided for in the Contract. 3. The Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor. 4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract. 6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City. 7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. 8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended. Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the 'one call" locator service before commencing any excavation activities. 9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc, to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City. CITY OF KENT BY: SUZETTE COOKE, MAYOR DATE: ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: KENT LAW DEPARTMENT CONTRACTOR BY: PRINT NAME: TITLE: DATE: This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: March 4, 2014 SUBJECT: 2013 Fourth Quarter Fee-in-Lieu Funds — Accept MOTION: Accept $7,875.00 for fourth quarter 2013 fee-in-lieu funds and authorizing the expenditure of funds in the Garrison Creek Park Budget. SUMMARY: Between October and December 2013, the City of Kent received a total of $7,875.00 from HS Construction, developer of the property at 22415 94th Avenue South, who voluntarily paid fees in lieu of dedicating park land to mitigate the development of single family homes in one subdivision: Garrison Creek Park for $7,875.00 from HS Construction Ordinance No. 2975 requires developers to dedicate park and open space land in proximity to new construction sites or to pay, a "fee-in-lieu" funds. The fee is based on assessed land values. EXHIBITS: Finance Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger — Ralph - Higgins (by concurrence) NAY: BUDGET IMPACT: Garrison Creek Park budget This page intentionally left blank. y G� A r N o ? O D O o m Z m c A m 3 V S N W N O \ N O_ W N c S N N � a 10 N A N D N r 0 O W N_ N � � 0 N O W n O O N Co N y A 0 O Cl V S N � D V V v � O V C O y fD N 0 n � 3 r v w � A � � W a N O A O C A K W Z � C O in O N � N � c 2 = � o 0 m a 0 0 n c 0 3 m � N N N O_ � � A yMIo DS _ N O � N n This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7L TO: City Council DATE: March 4, 2014 SUBJECT: Malik Ridge Final Plat - Approve MOTION: Approve the final plat for Malik Ridge and authorize the Mayor to sign the mylars. SUMMARY: Staff recommends approval of the Malik Ridge final plat located at 13410 SE 272nd Street and Council authorization for the Mayor to sign the mylar. This project will divide 3.51 acres into 11 single family residential lots. The Hearing Examiner issued the decision on March 15, 2006 with approval and conditions. The applicant has complied with the conditions required prior to recordation. EXHIBITS: a) Final Plat Map b) Approval with Conditions RECOMMENDED BY: Staff BUDGET IMPACTS: None This page intentionally left blank. Malik Ridge VOLUME/PAGE N KIVA#2131996 GRAPHIC SCAL 1'=s0' A Portion the SW of the SW 1/4 of Section 27, LEGEND SHEEP 3 OF 3 Township 22 N,Range 5 E,Willamette Meridian - W E City of Kent,King County,Washington 0 50 100 150 MONUMENT AS NDTED se sg+ g VERTICAL BENCH MARKS 3 THIS SUBDIVISION HAS A PRIVATE ROAD AND SET STANDARD KENT CITY MOMP=NT a -- STORM POND AND STORM CONVEYANCE CALOJLATED CORNEF o BENCH4APx5 1 s 2 WERE SET AS PART OF THIS PLAT SYSTEM,MAINTENANCE AND OPERATION USING CITY OF KENT BENCHMARK NMSEPS: OF THIS SYSTEM ARE GOVERNED BY THE SET PESAR S CAP y 981 (J28J) AND 969 OR HAS NAIL 6 CAP DECLARATION OF STORMWATER FACILTY P I TOP OF 2" Baas MOMIMENT IN 4X4 CNCRETE MAINTENANCE COVENANT, NOTED ON CALCULATED (C) PYRAMID WITH PLNCH SET IN CASE 11 TRACT C. PAGE 1 OF 3,UNDER NOTES,ITEM S. NORTH END OF PLAT ELEVATION 40254 NA188. DEED (0) OW2 ICE OF 2" BRASS MONUMENT IN 4X4 CMCRETE flECTPO OF SURVEY AFN 2003090200003 W1) PYRAMID WITH PUNCH AS SET IN CIE IN MAST C. - SOUTH END OF PLAT WWATEREASEAIENT 15 EBL ELEVATION 39S.5]' NAVDOS. FNWATERORMIF Ti11 PLAT OF ORAVON AFN 19931005149T (AR) N89'20'ON'W 253.91'(C) SENSITNEAREASEASEMENT .- N89'1230'W P62.94'(0) ( SEENOTEONSHEET2OF3 SURVEYORS NOTES 6 422 3469 iv 1. BASIS OF BEARING : (HAD 83/91) mrum-1 A'V'-o' OT2 L'Cy -- SOUTH LINE OF THE - BETWEEN OF SEC 2. TWP 22 N 15 TB wl ¢ tq. 0 4 _ o SENSITIVE ARM EASEMENT DETAIL FlCE 5 E OF THE W.M. RETYIEEN CITY OF KENT I➢ M. `��, . W " — n 7286 AND 7287. to nl � ^ w.- iF, w W �'Cy S69'20 raT 2.ll$ METHOD OF MOMIMENT LOCATIDN WAS MT3 EASEMENT BY FIELD TRAVERSE MLE INSTRLNENT USED WAS I �i M2000' EET20F9 A TRINSLE 5-6 TOTAL STATION -` A3L�3C ) t 4485' ]4 —IVBSBLSNOT 7'19E3. THIS S VEY DDES NOT PURPORT TO 31DW N„BMtI 190> ', h01'05f]E ]5.mALL EASEMENTS 0.9 UTILITIES E%CEPT A5 SHOW I wDu 599 E0 •E 84b2 4. THIS SURVEY COMPLIES 'WITH ALL STANDARDSANT GHAPTERv 58 OF ON NO 33 P1. WACG NOSro5'1>E 16.00ACT CHAPTER Stl.09 RCW AND 332-130 WACS8920'ODE 14.229>0' 4 1BApOR10NAL SECTION CONTROL . 151°� 2T112 1 Ta./dE MS�ENTFDR (NOT TO SCALF7 y.` - TRACTS 6d9'0.C9'F 2624.D'ICI BR031 SiT 63Ji 9]FT a/- CORNERED TO A. f3lp f{Y I 'D ASSOCI+TIO LA£ gEARIIl6 DISTANCE AL'OCIFCOPO LS NBq tl1'43£ 950' ��T I'� ' L2 Nd6'DS']BW d.04' ]24.OD' �11d5 RAT L3 Sd2'2456£. J96' 3 "I LOTS L4 N90'24'40'N J.BJ' ^ $I 6371 SO R a/- I N L5 59D'15*.i4E 8.05' 2J0]s 13390 FL sE IV ROAR BSBLN]3'29'241V 624' 5g6'3856 Sp3'W'21`E 131005'_ 1310.d5' I 124�. 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T]126 13iW R-SE BMi2— I/ v TNACTA - �s PFAIY STI1fH TPALT. o W9 EO WT: — S99'20'OST 124.00' 1G%34 W FT.CNNEYE➢ ISM- avr TO ItlFELISEµS ^r ROAOWAYWnHINRIGHT43FWAY q $i A56A CCo TID.,PON EASEMENTKENTAATD LM.ITERANDUMHniIES TO BEMAINIAINEO BY MAOKRIOGE m --____ ,___ (SEE EASEMENTHESERVATION ON SHEET Ai HOMEOWNERSASSWAnON r. -'(✓•15 _____________---f_____-_ 11,76' _ SBB'09'32'E CENTS"ME SOUIM I/60ORNERSe= S.E. 2J2M) ST (5R516) O TMOOTMON INCA8E CALCULATES PER SURVEY RI %ISMD 13 KENTID.NO.7s VA-- r _ .___ 101953'1T31 SW CORNER S89'2555'E 565.00 ( , *% 565' 53 2 (C) - --—�,—- to 82] —--- -T2M Ras C)(0) E 2 - CALCPERRt NOT I B9 ' 253 56 (0)S.E.272ND ST(SR 516)SON 02555 c 781 TO (C) V19ffm THISSTgVEY SIXTH LINE OECTIINJ 2J J 13' iY IffNT1.0.NO.ISM SECTION 5'ECOS 6193jTO 1/4 (Q FROM OFORAOONPER LAT I PIPE,DOWN 25 )181TED 42W13 '... I AZURE I GREEN CONSULTANTS This page intentionally left blank. OFFICE OF THE LAND USE HEARING EXAMINER . KENT Theodore P• Hunter W.,s H i w c r o w Hearing Examiner COMMUNITY' FINDINGS, CONCLUSIONS AND DECISION DEVELOPMENT i Fred N. Satteistro-di" AICP; rectos;, ;y FILE NO: MALIK RIDGE PRELIMINARY PLAT #SU-2004-7 KIVA#RPP3-2042372 PLANNING SEkVICES charlene Anderson,AICP% APPLICANT: John Rutland Manager.:: Cramer NW, Inc. MatlingAddress:, 945 N. Central 220 Fourth Ave s Kent, WA 98032 Kent,WA98032-5895:=;�;';r Locaton.Add ress::; REQUEST: A request to subdivide 3.51 acres into 11 single- 4 oo west oowec: family residential lots and two tracts. l Kent,WA98032..: !, ip Phone:253866-5464; LOCATION: 13410 SE 272°d Street Fax:253.856.6454 APPLICATION FILED: July 14, 2004 DETERMINATION OF NONSIGNIFICANCE ISSUED: January 11, 2006 MEETING DATE: March 1, 2006 DECISION ISSUED: March 15, 2006 DECISION:. APPROVED with conditions STAFF REPRESENTATIVE: Chris Hankins, Planning Services PUBLIC TESTIMONY: Aleanna Kondelis, for Applicant John Ruegsegger Martin Owens EXHIBITS: 1. Staff report dated March 1, 2006 with the following attachments: Findings, Conclusions and Decision r'� s �s� Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat' )flCii #SU-2004-7 KIVA #2042372 CI TY OF r\C U1 Page 1 of 18 FoEF2ilr!T t ( ttl'(F i A. Preliminary Plat Application filed July 14, 2004, with Preliminary Plat Map (3 pages) dated November 17, 2005 B. Correspondence, including letters from Chris Hankins to David Malik dated April 25, 2005 and December 6, 2004, letters from Robyn Barlett to David Malik dated August 4, 2005, May 18, 2005, January 24, 2006, and October 13, 2004, letter from Larry Krueger to Beth Tan dated December 23, 2004, letter from John Rutland to Chris Hankins dated December 22, 2004, and letters from Beth Tan to Larry Krueger dated November 24, 2004 and July 20, 2004 C. Department Routing, including comments from Parks Department D. Public Notice Documents, including affidavits of notice, mailing list, and correspondence with King County Journal E. Notice of Application Documents, including affidavits of notice, distribution list, correspondence with King County Journal, notice of completeness dated November 4, 2004, and notice of incompleteness dated August 4, 2004 F, Mitigated, Determination of Nonsignificance (MDNS) dated January 11, 2006 and Environmental Checklist 2. Conceptual Compensatory Wetland Mitigation Plan by H&S Consulting, dated July 8, 2004, and Concept Mitigation Plan by B-12 Wetland Consulting, dated June 2005 and approved August 4, 2005 3. Preliminary Technical Information Report by Cramer Northwest Inc., dated June 28, 2004, and Revised Preliminary Technical Information Report dated August 24, 2005 4. Comment letter from John Ruegsegger dated March 1, 2006 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K1VA *2042372 Page 2 of 18 i FINDINGS 1. John Rutland of Cramer Northwest Inc. (Applicant) requested approval of a preliminary plat to subdivide 3.51 acres of land into 11 single-family residential lots and two tracts. 'The subject property is located at 13410 SE 272"d Street, Kent, Washington. Exhibit 1, Staff Report, pages 1-2; Exhibit 1, Attachment A. 2. The City of Kent determined the preliminary plat application to be complete on November 4, 2004. Exhibit 1, Attachment E. 3. The subject property is developed with a single-family residence. The residence would be removed from the Site. Exhibit 1, Attachment A, Preliminary Plat Map. 4. The subject property is zoned SR-6 (Single Family Residential, maximum gross density 6.05 dwelling units per acre). The gross density of the proposed 11-lot development would be 3.13 dwelling units per acre (11 lots r 3.51 acres = 3.13). Exhibit 1, Staff Report, page 2. 5. Lot standards applicable to development in SR-6 zone include a minimum lot size of 5,700 square feet and a minimum lot width of 50 feet. KCC 15,04.170; Exhibit 1, Staff Report, pages 2, 10 and 11, Each of the proposed lots would satisfy these standards. The lots would range from 6,423 to 9,736 square feet in area. The narrowest lots would be 51 feet wide, Exhibit 1, Staff Report, page 11; Exhibit 1, Attachment A, Preliminary Plat Map. 6, The City of.Kent Comprehensive Plan designation of the property is Single Family Residential, Six Units Per Acre (SF-6). The Comprehensive Plan contains goals and policies that support in-fill development near existing services and infrastructure, and the provision of a wide variety of housing types. Exhibit 1, Staff Report, pages 2 and 5. 7. The subject property contains three wetlands (Wetlands A, B, and C). Wetland A is a Category 3 wetland, requiring a 25-foot buffer. The on-site portion of Wetland A is 2,944 square feet in area. Wetlands B and C are Category 2 wetlands, requiring 50-foot buffers. Wetland B is 6,605 square feet in area, and Wetland C is 2,677 square feet in area. All of the wetlands have low function and value ratings. Exhibit 2, July 8, 2004 Conceptual Compensatory Wetland Mitigation Plan. The preliminary plat application filed July 14, 2004 was for a 13-lot development. Since then, the Applicant has reduced the requested number of lots to 11. Exhibit 1, Attachment A. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K/VA #2042372 Page 3 of 18 8. The City of Kent wetland.regulations in place at the time of complete application (KCC 11.05) allow applicants to modify Category 2 and Category 3 wetlands with mitigation. The Applicant proposes to fill Wetland C and a portion of Wetland B (5,685 square feet total), convert a 783-square-foot portion of Wetland B into wetland buffer (a "paper fill'), and use buffer averaging to reduce the Wetland B buffer by 3,476 square feet. As compensation for the wetland fill, the Applicant proposes to create 8,528 square feet of new wetland on the north and south sides of Wetland A and protect the created wetland with a minimum 25-foot buffer. As compensation for the reduced Wetland B buffer, the Applicant proposes to increase-the buffer on the south side of Wetland A by an additional 3,478 square feet. On August 4, 2006, the City approved the Applicanfs June 2005 Concept Mitigation Plan. Exhibit 2,.June 2005 Concept Mitigation Plan; Exhibit 1, Attachment B (August 4, 2005 letter from Robyn Bartelt); Exhibit 1, Staff Report, pages 7-8. 9. The subject property contains trees that are six inches in diameter or greater, Section 15.08.240 of the KCC requires such trees to be,retained unless removal of the trees is authorized by the Planning Department after review of a tree plan, Subsection 5 of the ordinance authorizes the Planning Department to require modification of the development plan to ensure the retention of the maximum number of trees. The Applicant has not yet submitted a tree plan. Exhibit 1, Staff Report; page 11; KCC 15.08.240; Testimony of Mr. Hankins. 10. Access to the plat would be from SE 272"d Street (SR-516), also known as Kent Kangley Road. Access to individual lots within the plat would be from a new private road constructed within a 30-foot-wide tract, Although private streets typically serve nine or fewer lots, the City determined that a private street is appropriate for the proposed 11-lot development due to the narrowness of the site, the relationship of the site to surrounding properties, and the wetlands. The private street has been reviewed and approved by the City Public Works Department, in consultation with the Fire Prevention Division and with Planning Services. The proposed access tract abuts the western property line. Exhibit 1, Staff Report, page 9; Exhibit 1, Attachment A, Preliminary Plat Map. 11. Two residents of a condominium development located immediately west of the subject property objected to the proposed private road location and requested that that the road be shifted to the east to provide a buffer of existing trees along the western plat boundary. The purpose of the request was to increase privacy, since some of the condominium buildings overlook the subject property. Testimony of Mr. Ruesgsegger, Testimony of Mr. Owens; Exhibit 4. 12. The Applicant submitted that the road could be modified to allow for a buffer. Although the preliminary plat map depicts a 30-foot-wide private road tract, the Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 4 of 16 required road width is 25 feet (20,feet of pavement and five feet of sidewalk). The 25-foot road width would allow for a setback from the property line. The road could be shifted even farther to east by reducing the depth of the adjoining lots. The lots exceed the City's minimum area requirements and could be reduced consistent with zoning standards. Testimony of Ms. Kondelis; Exhibit 1, Attachment A, Preliminary Plat.Map, 13. The City of Kent Comprehensive Plan designates SE 272nd Street as a Principal Arterial Street. City road standards require fully improved Principal Arterials to have 110 feet of right-of-way, 80 feet of asphalt pavement (seven traffic lanes), curbs and gutters, two ten- to twelve-foot-wide concrete sidewalks, a storm drainage system, a street lighting system, and public utilities. The existing street section provides between 75 and 110 feet of right-of-way and between 58 and 70 feet of pavement (five traffic lanes). The street is improved with a bus pullout on the south side of the street, curbs and gutters, sidewalks, and a storm drainage system. There is no street lighting system. Exhibit 1, Staff Report, pages 3-4. 14, The Department of Public Works has determined that the existing street section is adequate for current traffic volumes. Although street lighting is needed, construction of a street lighting system along the property frontage would require the relocation of high-voltage power lines. The City recommended that the Applicant pay $10,000 to the City (the cost to install a new service cabinet and two new street lights) in lieu of installing a street lighting system on the north side of the street, The money would be used towards the City's future installation of a street lighting system on the south side of the street. in addition to payment of the fee, the City recommended that the Applicant install street trees behind the existing sidewalk. Exhibit 1, Staff Report;pages 4 and 16. 15. The development is expected to add 10 new PM peak hour trips to the local street system. The Mitigated Determination of Nonsignificance (MDNS) issued for the proposal requires the Applicant to mitigate traffic impacts by (1) preparing a Traffic Impact Study and constructing those improvements necessary to raise the Level of Service of affected intersections above City standards; or (2) paying a fair share of the estimated construction costs of the City's South 272nd Street/South 277`h Street Corridor Project. Exhibit 1, Attachment F. 16. Kent School District No. 415 would serve the students generated by the development. Pursuant to KCC 12.13.160, each lot would be assessed an impact fee at the time of construction permit issuance to mitigate the impact of additional students on school district facilities. Exhibit 1, Staff Report, page 8. 17. The proposed development would provide safe walking conditions for students who walk to and from school. A sidewalk would be constructed along one side of Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KlVA #2042372 Page 5 of 18 the private access road. There are existing sidewalks on SE 272"d Street. The City submitted that pedestrian or vehicular connections to adjoining properties are not needed. Exhibit 1, Staff Report, page 9. 18. The King County Department of Metropolitan Services (METRO) .serves the subject property through bus routes on SE 272"d Street and a park and ride facility located on 132' Avenue SE. METRO was notified of the preliminary plat application but did not request additional transit improvements. Exhibit. 1, Staff Report,page 10. 19. Each of the lots would be connected to water service provided by King County Water District No. 111, and to sewer service provided by the City of Kent. Exhibit 1, Staff Report, page 10. 20. The Applicant proposes to detain and treat stormwater runoff from the site in a combined detention pond/stormwater wetland to be located along the southern site boundary. The facilities would provide Level 2 flow control and Resource Stream Protection water quality treatment. The facilities would release the treated runoff into the wetland tract at a controlled rate. Excess runoff would be conveyed to the existing storm system along the north side of SE 272°d Street. Exhibit 3, Revised Preliminary Technical Information Report. The City of Kent requested as a condition of preliminary plat approval that the stormwater design meet a Level 3 flow control standard for flows through a six-inch culvert to the east of the subject property. The City recommended Level 2 flow control for the remainder of the system. Exhibit 1, Staff Report, page 13. 21. Section 12,04.780 of, the Kent City Code requires developers to dedicate five percent of the site area as open space for parks or pay a fee in lieu of dedication. The Applicant proposes to pay the fee. The fee amount, based on current tax assessment records from the King County Assessors Office, would be $12,000.00, Exhibit 1, Staff Report, page 8. 22. The City of Kent acted as lead agency for review of environmental impacts caused by the proposal. The City Issued a Mitigated Determination of Nonsignificance (MDNS) for the plat on January 11, 2006, The MDNS contains two conditions (1) requiring the Applicant to submit a Traffic Impact Study and construct the transportation improvements called for in the study or pay an Environmental Mitigation Fee representing the project's fair share of the City's South 272"d Street/South 277th Street Corridor project, and (2) requiring the Applicant Install a wildlife passable fence and wetland information signs at the edge of the wetland buffer, The MDNS was not appealed. Exhibit 1, Attachment F; Exhibit 1, Staff Report, page 3. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 6 of 18 I I I 23. Notice of the open record hearing was posted on site on February 16, 2006; mailed to properties within 300 feet of the site on February 17, 2006, and published in King County Journal on February 18, 2006. Exhibit 1, Attachment D. CONCLUSIONS i Jurisdiction The Hearing Examiner has jurisdiction to hold a hearing on preliminary plat applications; to consider all evidence presented at the hearing; and, based on that evidence, to approve, disapprove or approve with conditions the preliminary plat. KCC 2.32; KCC 12.04; RCW 58.17. Criteria for Review The decision of the Hearing Examiner must be.supported by the evidence presented and must be consistent with the standards and criteria for review specified in state statutes and city ordinances. The standards and criteria for review of preliminary plat applications are found in Chapter 12.04 of the KCC and Chapter 58.17 of the Revised Code of Washington (RCW). The review criteria include the following: A. Under KCC 12.04.635, no subdivision shall be approved unless the proposed subdivision: 1. Creates legal building sites, which comply with all provisions of KCC Title 15, Zoning, and health regulations; 2. Establishes access to a public road for each segregated parcel; 3. Has suitable physical characteristics (i.e. a proposed plat may be denied because of flood, inundation or wetland conditions; slope, soil stability and/or capabilities; or the construction of protective improvements may be required as a condition of approval); 4. If adjacent to another municipality or King County, takes into consideration the subdivision standards of that jurisdiction as well as the requirements of this chapter; 5. Makes adequate provision for stormwater detention, drainage ways, water supplies, sanitary wastes, and other public utilities and services, as deemed necessary; and 6. Makes adequate provision for the connectivity of streets, alleys, pedestrian accessways and other public ways. B. Under KCC 12.04.685(A), a proposed subdivision and dedication shall not be approved unless the City finds that: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 7 of 18 1. Appropriate provisions have been made for: a. The public health, safety and general welfare of the community; b. Protection of environmentally sensitive lands and habitat; G. Open spaces; d, Community parks and recreation; e. Neighborhood tot lots and play areas; f. Schools and school grounds; g. Drainage ways; h. Stormwater detention; L Connectivity of sidewalks, pedestrian pathways, traffic calming features and devices, and other planning features that assure safe walking conditions within and between subdivisions and neighborhoods for residents and students who walk to and from schools, parks, transit stops and other neighborhood services; j. Connectivity of streets or roads, alleys, pedestrian accessways, and other public ways within and between subdivisions and neighborhoods; k. Transit stops; I. Potable water supplies; M. Sanitary wastes; n. Other public utilities and services, as deemed necessary; and 2. The City has considered all other relevant facts; and 3. The public use and interest will be served by the platting of such subdivision and dedication; and 4. The City has considered the physical characteristics of a proposed subdivision site. These criteria as set forth in the Kent City Code are essentially identical to those in the Revised Code of Washington, These criteria must also be met by the application before a decision of approval can be made. RCW 58.17.110 requires that: Appropriate provisions must be made for the publlc health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and the public interest must be served by the subdivision. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 K1VA#2042372 Page 8 of 18 i Conclusions Based on Findings 1. With conditions, the proposed development is consistent with the provisions of KCC 12.04 and RCW 58.17A10. A. With conditions, the proposed development would comply with the standards set forth in KCC 12.04.635. The subdivision would create legal building sites, each with access to SE 272o6 Street via a new private road, With mitigation of wetland impacts in accordance with the approved mitigation plan, the subject property would have suitable physical characteristics for residential development. Adequate provision would be made for stormwater detention, water, and sewer. The internal street and sidewalk would connect to SE 272"d Street. Further street connections would not be appropriate for this development. Findings Nos. 4, 5, 7, 8, 10, 13, 17, 19 and 20. B. With conditions, appropriate provisions would be made for the public health, safety, general welfare and all other items Identified in KCC 12,04.685. The proposed private street improvements and payment of mitigation fees would provide for public safety and mitigate the traffic impacts of the development. However, a condition is needed to ensure that as many trees as possible are preserved along the western plat boundary. Such condition would promote the general welfare by providing a buffer between the private street and the adjoining residential development, and would be consistent with the City's tree retention standards. The wetlands on site would be protected in accordance with City ordinances and the approved mitigation plan. Open spaces would be provided within the wetland and drainage tracts. The development's impact on community parks would be mitigated through payment of a fee in lieu of dedication, and its impact on schools would be mitigated through payment of impact fees at the time of construction permit issuance. Stormwater runoff would be treated and detained on site in accordance with City standards. Appropriate provision would be made for sidewalk connectivity. Adequate facilities would be provided to ensure safe walking conditions for students walking to and from school. Transit service would be available to residents through bus routes on SE 272"d Street and a nearby Park and Ride facility. Water and sanitary sewer service would be extended to each of the lots. The physical characteristics of the site have been considered, and such characteristics would not prevent development of the site as proposed. Findings Nos, 7-22 Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 9 of 18 C. Based on the above conclusions, the requirements of RCW 58.17A 10 have been satisfied. DECISION Based on the preceding Findings and Conclusions, the request for approval of a preliminary plat to subdivide 3.51 acres of land into 11 single-family residential lots is GRANTED, subject to the foilowing.conditions' A. PRIOR TO RECORDING THIS SUBDIVISION: 9: The Owner ! Subdivider shall pay all Charges in Lieu of Assessments and/or Latecomer Fees, if any, prior to scheduling the Pre-Construction Conference andlor prior to recording this plat, whichever comes first. 2. The:Owner,l Subdivider shall provide Public Works with a digital plat map prepared with a, CAI program,'The digital information can be formatted in either *.DWG .(AuwCad) or *.DXF (Drawing Exchange File), but must be based-upon State Plane coordinates: an assumed coordinate system `is not permitted. The State Plane Coordinates shall be on the NAD 83/91 -datum,and relate to at least two City of Kent reference.points within one half mile of:the subdivision. In' addition, the project shall be tied into at least two City of Kent NAD 88 vertical benchmarks and two additional permanent benchmarks shall be established within the project. The elevations of these benchmarks will be reported at the time as-built drawings are-submitted along with field notes sufficient to verify their accuracy. 3. The Owner ! Subdivider, shall submit and receive City approval of engineering drawings from the Department of Public Works, and shall then either construct or bond for the following: a. A gravity sanitary sewer system to serve all lots. The public sanitary sewer system shall be extended from the existing public 8 inch sanitary sewer system constructed within the right-of-way for Kent Kangley Road / SR-516 and shall be sized to serve all off site properties within the same service area; in addition, the sanitary.sewer system shall be extended across the entire subdivision as needed to serve adjacent properties within the same service area. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 10 of 18 The septic system serving the existing home(s) within the proposed subdivision - if any - shall be abandoned in accordance with King County Health Department Regulations. b. A water system meeting domestic and fire flow requirements for all lots. This development will be served by Water District #111 and will be constructed to Water District#111 standards and specifications. Existing wells — if any - shall be abandoned in accordance with the requirements of the Department of Ecology. C. A stormwater system, The Engineering Plans must meet the minimum requirements of the City of Kent Construction Standards and 2002 City of Kent Surface Water Design Manual (KSWDM). Initial guidance for the Engineering Plans are given below (See Chapter 2 of KSWDM for detailed submittal requirements): (1) The Engineering Plans will include at a minimum: Site improvement plans which include all plans, details, notes and specifications necessary to construct road, drainage, and other related improvements. The engineering plans shall include a technical information report (TIR) which contains all the technical information and analysis to develop the site improvement plans. (2) An erosion and sedimentation control (ESC) plan shall be included with the engineering plans. The ESC shall meet the requirements of the City of Kent Construction Standards, and the 2002 City of Kent Surface Water Design Manual. These plans must reflect the Detailed Grading Plan discussed below, and Planning Services approved Detailed Tree Plan (3) The retention / detention and release standard that will be met by the subdivision is Level Three through the 6-inch culvert on the property directly to the east and a Level Two will be sufficient for the remaining analysis. The water quality menu that will be met by the subdivision is the Resource Stream Protection Menu. Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat 4SU-2004-7 KIVA#2042372 Page 11 of 18 (4) The site improvement plans and technical information report will contain drainage calculations and a drawing of the retention / detention pond tract at an appropriate engineering scale to show that the proposed on-site or off-site retention I detention tract is large enough to contain the required minimum stormwater storage volume and water quality facility. The site improvement plans will also show that all required stormwater management facilities will be outside of delineated wetlands and their buffers, as well as outside of creeks and their buffers. (5) A downstream analysis is required for this development, and it will include an analysis for capacity, erosion potential, and water quality. Refer. to the requirements of Technical Information Reports in Section 3: "Offsite Analysis", of the 2002 City of Kent Surface Water Design Manual for the specific information required for downstream analyses. (6) Roof downspouts for each roofed structure (house, garage, carport, ' etc.) shall be directed to a Roof Downspout Infiltration System meeting the requirements of Section C.2, flow Control BMP's. , in Appendix C to the King County Surface Water Design Manual. These roof downspout conveyance and infiltration systems shall include overflow pipes connected to an approved dispersion system. The Drainage Plans will include an approved detail for the Roof Downspout Infiltration System. The face of the recorded plat shall contain the following restriction: AS A CONDITION OF BUILDING PERMIT ISSUANCE, RESIDENCES CONSTRUCTED ON LOTS OF THIS SUBDIVISION MUST PROVIDE ROOF DOWNSPOUT INFILTRATION SYSTEMS PER DETAILS SHOWN ON THE APPROVED PLANS, (7) If determined necessary by the Public Works Department based- on the required downstream analysis, the Owner / Subdivider shall provide public drainage easements meeting the requirements of the City of Kent Construction Standards for the specified downstream reach where adequate public drainage easements do not currently exist. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 12 of 18 (8) The Owner / Subdivider shall submit Landscape Plans for within and surrounding the retention / detention facility to Planning Services and to the Department of Public Works for concurrent review and approval prior to, or in conjunction with, the approval of the Engineering Plans. These Landscape Plans shall meet the minimum requirements of the City of Kent Construction Standards, and the stormwater management landscaping requirements contained within the . 1998 King County Surface Water Design Manual, Landscape Plans are required to show adjacent Street Trees so that the City arborist can assess potential adverse stress upon all types of vegetation. (9) The Owner / Subdivider shall execute Declaration of Stormwater Facility Maintenance.Covenants for the private portions of the drainage system prepared by the Property Management Section of the Department of Public Works. See Reference 8-F, Declaration of Stormwater Facility Maintenance Covenant, to the 2002 City of Kent Surface Water Design Manual for information on what is contained within this document. d. A Detailed Grading. Plan for the entire. subdivision meeting the requirements of the Uniform Building Code, the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #1-3, Excavation and Grading Permits & Grading Plans. Initial guidance for these plans is given below: (1) These plans will include provisions for utilities, roadways, retention / detention ponds, stormwater treatment facilities, and a building footpad for each lot. (2) These plans shall be designed to eliminate the need for processing several individual Grading Permits upon application for Building Permits. e, A Wetland Mitigation Plan meeting the requirements of the City of Kent Wetlands Management Ordinance, and City of Kent Development Assistance Brochure #10, Wetland Mitigation Plans. These plans shall pursue avoiding or minimizing impacts to wetlands to the maximum extent possible by analyzing alternatives that would avoid the impact, as stated in Kent City Code, Section 11.05.120 - Avoiding wetland impacts. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 13 of 18 f. Interim Street Improvement Plans for Kent Kangley Road I SR-516 along the entire property frontage thereon. These Interim Street Improvement Plans shall meet the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements, and # 6- 8, Street Improvement Plans, for a street designated as a Principle Arterial Street by the City of Kent Master Plan of Roadways. Initial guidance for the necessary interim street improvements is given below: (1) in lieu of constructing a City-approved street lighting system along the subject street frontage — which would require the relocation of high-voltage power lines — the Owner / Subdivider shall instead provide the City with $10,000 (the cost to install a new service cabinet and two new street lights), and the City will install the street lighting system along the south side of Kent Kangley Road I SR-516 when the City has collected enough money to fund that street lighting system. (2) Street Trees installed behind the existing cement concrete sidewalk. These Street Trees will be located as approved by the Public Works Department, and the species shall be selected from the Approved Street Tree List contained within City of Kent Development Assistance Brochure 414, City of Kent Street Trees, g. Street Improvement Plans for the new.Private Residential Street connected to Kent Kangley Road and terminating with a permanent approved turnaround at its northerly terminus. This private street shall serve all 11 lots in this subdivision because any future extension for connectivity has been determined not to be feasible due to adjacent sensitive areas to the north. The Street Improvement Plans for this private street shall be designed in conformance with the requirements for a Residential Street as required by City of Kent Construction Standards, and City of Kent Development Assistance Brochures #6-2, Private and Public Street Improvements and City of Kent Development Assistance Brochure # 6-8, Street Improvement Plans for a private street 20-feet wide. Initial guidance for these street improvements is given below: Findings, Conclusions and Decision Nearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 14 of 18 (1) A 5-foot wide cement concrete sidewalk along the east side of the private street. A 5-foot wide sidewalk is suggested, but not required, along the north side of the approved private turnaround. (2) A minimum of 20-feet of Hot Mix Asphalt (HMA) pavement, measured from edge of pavement to edge of pavement, except where additional width is required by the Fire Marshal for emergency access. (3) A private stormwater drainage system, including provisions for collection, conveyance, detention, and treatment facilities. (4) Pavement, radii of 30-feet, at the intersection of the Subdivision Street and Kent Kangley Road / SR-516, and at the approved turnaround. (5) Unless additional HMA pavement width is provided for parking, this minimum width private street shall have pavement markings and traffic signs installed which clearly designate both sections of this private street as Fire Lanes, j where no parking will be permitted. (6) The private street shall be centered within a private roadway tract or easement that is at least 1-foot wider than the total paved width of the private street. 4. The face of the final plat will clearly identify the private street and which lots will be served by the private street. The face of the final plat will also specify that the maintenance of the private street is the sole responsibility of the property owners who are served by the private street. 5. Direct vehicular access to and from lots having frontage along Kent Kangley Road / SR-516 is prohibited, and the face of the final plat will carry the following restriction: DIRECT VEHICULAR ACCESS TO AND FROM LOTS HAVING FRONTAGE ALONG KENT KANGLEY ROAD / SR-516 IS PROHIBITED, ACCESS FOR THESE LOTS IS RESTRICTED TO THAT PRIVATE STREET SHOWN ON THE FACE OF THE FINAL PLAT. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 15 of 18 6, The Owner I Subdivider shall deed all public rights-of-way, and otherwise convey all private and public easements necessary for the construction and maintenance of the required improvements for this subdivision development. 7. The Owner I Subdivider shall permanently protect the approved and preserved, and/or enhanced, or created wetland(s) and its buffer(s) by creating a separate Sensitive Area Tract and deeding the tract in fee simple to the City, OR by granting a Sensitive Area Easement to the City for the entire sensitive area, in conformance to the requirements of the City of Kent Wetlands Management Code. This Sensitive Area Tract or Easement shall be consistent with the wetland and wetland buffer map contained within the approved Wetiand Delineation Report and/or approved Wetland Mitigation Plan as appropriate. The Owner / Subdivider shall provide a legal description of said easement or tract prepared by a licensed land surveyor, prior to issuance of any Construction Permits. The Sensitive Area Tract and the following language shall be included on the face of the recorded plat: SENSITIVE AREA TRACTS I EASEMENTS DEDICATION OF A SENSITIVE AREA TRACT / EASEMENT CONVEYS TO THE PUBLIC A BENEFICIAL INTEREST IN THE LAND WITHIN THE TRACT. THIS INTEREST INCLUDES THE PRESERVATION OF NATIVE VEGETATION FOR ALL PURPOSES THAT BENEFIT THE PUBLIC HEALTH, SAFETY AND INCLUDING SURFACE WATER J MAINTENANCE OFF SLOPE STABILITY, VISUAL ANDA AURAL BUFFERING, AND PROTECTION OF WATER QUALITY, PLANT ECOLOGY AND WILDLIFE HABITAT, THE SENSITIVE AREA TRACT / EASEMENT IMPOSES UPON ALL PRESENT AND FUTURE OWNERS AND OCCUPIERS OF THE LAND SUBJECT TO THE TRACT / EASEMENT THE OBLIGATION, ENFORCEABLE ON BEHALF OF THE PUBLIC BY THE CITY OF KENT, TO LEAVE UNDISTURBED ALL TREES AND OTHER VEGETATION WITHIN THE TRACT. THE EBY ILL REMOVED TI RITHIN E TRACT MAY NOT BE CUT,OR DAMAGED P D WITHOUT APPROVAL COVERED N WRITING FROM THE CITY OF KENT. THE COMMON BOUNDARY BETWEEN THE TRACT / EASEMENT AND THE AREA OF DEVELOPMENT ACTIVITY MUST BE MARKED OR OTHERWISE FLAGGED TO THE SATISFACTION OF THE CITY OF KENT PRIOR TO ANY CLEARING, GRADING, BUILDING CONSTRUCTION OR OTHER DEVELOPMENT ACTIVITY. THE REQUIRED MARKING OR FLAGGING SHALL REMAIN IN PLACE UNTIL ALL DEVELOPMENT ACTIVITIES IN THE VICINITY OF THE SENSITIVE AREA TRACT ARE COMPLETED. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 16 of 18 I NO BUILDING FOUNDATIONS, STRUCTURES, FILL OR OBSTRUCTIONS (INCLUDING, BUT NOT LIMITED TO DECKS, PATIOS, OUTBUILDINGS AND OVERHANGS) ARE ALLOWED WITHIN 15 FEET OF THE SENSITIVE AREA TRACT / EASEMENT BOUNDARY, UNLESS OTHERWISE APPROVED BY THE CITY. THE CITY OF KENT RESERVES THE RIGHT TO INSTALL PUBLIC UNDERGROUND UTILITIES WITHIN THIS SENSITIVE AREA TRACT, AND TO ENTER AND PERFORM DRAINAGE SYSTEM MAINTENANCE, BUT IS REQUIRED TO RESTORE OR ENHANCE THE SENSITIVE AREAS DISTURBED UPON THE COMPLETION OF THE UNDERGROUND i CONSTRUCTION, AND/OR DRAINAGE SYSTEM MAINTENANCE. 8. Prior to release of any construction bonds, and prior to the approval of any Building Permits within the subject subdivision, the Department of Public Works must receive and approve As-Built Drawings meeting the requirements of the City of Kent Construction Standards, and City of Kent Development Assistance Brochure #E-1, As-Build Drawings, for: Streets; Street Lighting System; Water; Sewer; Stormwater Drainage Facilities; and all off-site improvements where the locations and/or elevations are deemed critical by the Department of Public Works. 9. Break-away mailbox clusters shall be installed at locations and per standards approved by the US Postmaster and the City of Kent Public Works Department. 10, The Owner/Subdivider shall submit for review and approval and obtain appropriate permits to demolish or relocate existing structures in compliance with Kent City Codes, 11. The Applicant shall obtain City approval of a tree retention plan pursuant to KCC 15,08.240. The tree retention plan shall provide for the retention of trees along the western plat boundary to enhance the vegetation buffer along the property line. Tree retention along the western plat boundary shall be deemed feasible if it can be accomplished through adjustments to the private street corridor or reduction in depth of proposed lots. No adjustments to the private street corridor shall be required that would cause the private street or the adjoining lots to fail to comply with other applicable City standards. B. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT ON ANY LOT IN THIS SUBDIVISION, THE OWNER 1 SUBDIVIDER SHALL: 1. Record the Plat. Findings, Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 17 of 18 2. Pay the Environmental Mitigation Fee for that lot. 3. Construct all of the improvements required above. 4. Submit and receive City approval for As-Built Drawings meeting the requirements of City of Kent Development Assistance Brochure #E-1, As- Build Drawings, for street improvements, stormwater management system, street lighting system, and other off-site improvements where determined necessary by the City. DATED this 15th day of March 2006. THEODORE PAUL HUNTER Hearing Examiner i II Findings,Conclusions and Decision Hearing Examiner for the City of Kent Malik Ridge Preliminary Plat #SU-2004-7 KIVA #2042372 Page 18 of 18 i I KENT Agenda Item: Consent Calendar - 7M TO: City Council DATE: March 4, 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. 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: NAY: BUDGET IMPACTS: 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 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 KENT Agenda Item: Consent Calendar - 7N TO: City Council DATE: March 4, 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: NAY: BUDGET IMPACTS: 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 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: KENT Agenda Item: Other Business — 8A TO: City Council DATE: March 4, 2014 SUBJECT: Consultant Services Agreement with Karras Consulting - Authorize MOTION: 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. SUMMARY: On September 17, 2013, Council directed Human Resources to conduct a recruitment for the Finance Director. After developing a thorough recruitment plan, which included ads in the Seattle Times, online job boards (CareerBuilder, AICPA), government finance websites (GFOA), government job sites (ICMA, AWC) and direct emails to regional finance chapters (WFOA) across the state, the city has received 22 applications. Of those 22, none had experience as a finance director in a comparable city. We are just unable to reach the right type of candidates —happily employed high performers, because they are not actively in the job market. In addition, the Mayor wishes to conduct a national search for a Chief Administrative Officer (CAO). We face the same problem as described above. With that in mind, several firms were contacted to provide proposals for the CAO recruitment. We received proposals from five firms. Again, Karras was chosen because of the breadth of their recent works (see attached proposal). Based on the failure to attract highly qualified candidates, I wish to combine both searches with Karras Consulting at a price not to exceed $60,212, plus limited travel costs for select applicants. EXHIBITS: Karras Consulting Chief Administrative Officer Proposal RECOMMENDED BY: None BUDGET IMPACTS: None This page intentionally left blank. 11 KARRAS CONSULTING ���µiomm000m � vr.>�,...o�o• City of Kent Recruitment Services for a Chief Administrative Officer KARRAS CONSULTING V�"R,li ° Ilvq ro'N�: II rW�i II, ,vdSA'L+ S Afi,, tl'I Itl I'flIu':7n Y6086/ .V ffl.iI;.V Illrrtu rub° utl+amo�ou,d�xlW rrn s�;i ��xo,o,u8*'our}„.ur�N: VAdVrr;7,r.pc; rrr rS 1: 1ix`xi,sou8*oau 12 KARRAS CONSULTING January 6,2014 Dear Ms. Patterson, Thank you for the opportunity to submit a proposal to perform executive search services for the City of Kent. The following information is intended to lay out our approach and how our firm can best assist in the search for your new Chief Administrative Officer. We work exclusively with public sector clients and have been providing executive search services for more than 25 years. We are uniquely qualified in that we have been in human resource leadership positions and understand the nuances of running large and complicated organizations. We offer three important characteristics you will require in an executive search consultant: 1. Long-term sustained and successful experience in providing executive search services and filing very visible executive positions for the public sector. 2. We do not exclusively recruit for municipal government executives. Therefore, our candidate repository is broader, consisting of a proprietary viable pool of more than 2,000 highly qualified and successful municipal govermnent, general govermnent and private sector executives. 3. Your search will be conducted by me, the CEO, not assigned to an associate. I was the Washington State Hunan Resources Director for eight years serving under the previous two governors. As the highest-ranking human resource executive in Washington State government, I have been involved in the recruitment and selection of hundreds of local govermnent executives and agency directors. Last year, Governor Inslee, selected Karras Consulting to conduct the recruitment and selection of his top cabinet agency directors to include the Director of the Health Care Authority (responsible for state implementation of ACA), the Director of the Department of Health, Secretary of the Department of Transportation, Directors of the Departments of Social and Health Services, Labor and Industries, Employment Security, Information Technology and others. In addition, new Seattle Mayor Ed Murray has retained us to conduct the recruitments for his top department directors to include the Director of Hunan Services and Director of Transportation. Through these efforts we have talked with and interviewed hundreds of top executives throughout the Pacific Northwest and nation. As a result we have a current pool of qualified candidates who may have an interest in this position or know of others who are well qualified. We employ state-of-the-art techniques and technology to conduct your search. Video conferencing is used to screen out- of-area candidates, saving travel costs and other associated expenses. In addition, while we recruit nationwide, we have an unparalleled understanding of the Northwest employment market. Our strong local connections to the region are more important than ever in today's economy. We specialize in executive level searches. We have developed long-lasting relationships with clients and are proud that over 90% of our work is repeat business and referrals from satisfied customers. Our firm is in an excellent position to provide the balance and comprehensive approach that will identify the truly exceptional candidates who will have the leadership and vision to execute the City of Kent's strategic plan. We are more than a search service; we are experts in public sector recruitment, partners you can depend on to find the right professionals to meet your needs. Best Regards, Dennis Karras, CEO III'AF"bMlad",;.OP'4"riW.�"IIW',4G I ,Jpwr all: Nkq iNY 11a hii ura 1111 ;o7 ur ,oiidlYd4ow; �� 13 KARRAS CONSULTING Your Search Team Karras Consulting is a father/daughter firm located in Olympia, Washington specializing in providing customized executive search services. We are both fully engaged in the executive search process for the duration of the project. Our philosophy is to not compromise the quality and outcome of our work by taking on too many recruitments at one time. The lead consultant for the Chief Administrative Officer will be the CEO of Karras Consulting, Dennis Karras, who will have primary responsibility and final authority for all work Marissa Karras will be the associate consultant providing project support. Dennis Karras, SPHR—CEO and Lead Consultant Address: 1802 Black Lake Blvd SW,Suite 101 Olympia, WA 98512 E-Mail. dennis(aJkarrasconsulting.net Phone: 360.867.1410 Dennis has more than 25 years of state government executive and legislative experience, including 10 years as the State Director of Personnel under two previous Governors. As a member of their Executive Cabinets, he administered the statewide human resource management system covering approximately 90,000 employees in state agencies, colleges and universities. From 1993 to 2001, he oversaw Washington State's Executive Search Services providing solutions for public agencies seeking dynamic executive-level leaders. During this time, Executive Search Services successfully placed over 300 executives in state and local government, higher education, and boards and commissions. For the previous 12 years Dennis was the Committee Staff Director for the Washington State House of Representatives' Non-Partisan Budget, Research and Legal Departments. Dennis also served more than six years as the Senior Vice President of Human Resources for the $1.4 billion Washington State Employees Credit Union, the second largest not-for-profit credit union in Washington State. Dennis has personally conducted hundreds of executive search recruitments during his career. He has an undergraduate degree in liberal arts and a certificate from the University of Michigan's Graduate School of Business advanced Human Resource Executive Program and is certified as a Senior Professional in Human Resources by the Society for Human Resource Management. Marissa Karras,Vice President and Associate Consultant Address: 1802 Black Lake Blvd SW,Suite 101 Olympia, WA 98512 E-Mail. marlssa@karrasconsulting.net Phone: 360.956-1336 k y Marissa has extensive experience in the areas of executive recruitment and compensation. As a project manager for Karras Consulting during the past seven years, she has played a key role in coor inating executive searches and developing compensation strategy. Prior to joining Karras Consulting, she was a public relations and marketing director in the high tech industry. She has also worked in human resources for both the Washington State Department of Fish and Wildlife and the Office of the Superintendent of Public Instruction. Marissa is a 1999 graduate of the University of Washington Foster School of Business. IIKARR!1S d';.d"uN"riB„PN„'flH114G I ,Iper faii Pkq :PM dH'ldiPtaaH 7f:➢ n 14 KARRAS CONSULTING Executive Search Experience We conduct executive searches for elected and appointed officials throughout the Pacific Northwest. We have conducted many searches for sizeable and complicated organizations. Listed below is a sampling of our recent experience conducting nationwide recruitments for executive level positions. Director of the Department of Transportation, City ofSeattle Executive Director, Puget Sound Regional Council Planning and Development Director, Metro Regional Government Jail Bureau Chief, Pierce County Sheriffs Office Director ofParks, Arts and Recreation, City of Olympia President and CEO, SAIF Corporation Director of Community Services, Multnomah County Director ofHuman Resources, City of Tigard Assistant Director ofHR, Washington State Assistant Director ofLocal Government, Washington State Department of Commerce Director, Washington State Department ofLabor and Industries Director of the Office ofEmergency Management, Multnomah County Secretary, Washington State Department of Transportation Director of Community Services, Multnomah County Chief Financial Officer, Washington State Department ofEmploymentSecurity Director, Washington State Department ofEcology Secretary, Washington State Department ofSocial and Health Services Commissioner, Washington State Department of Employment Security Executive Director, Puget Sound Regional Council Business Resource Center Director, King County Assistant Director, Washington State Department of Commerce Director ofHuman Resources, Pierce County Director, Washington State Health Care Authority Director ofEmergency Management, Pierce County Deputy CIO, City of Seattle Senior Engineer, PSCAA Deputy Director of Budget and Finance, Pierce County Prevention Division Director, Seattle &King County Public Health Pierce County Government Relations Manger Director ofSolid Waste, King County Department ofParks and Natural Resources Executive Director, Washington State Council of Presidents IIKARR A',a d';.d"uN"riB„PN„'flH114G I ,jper fail: inn in dH'ldiPtan H 7f:➢,ihr "mild h4iPY; II 15 KARRAS CONSULTING Chief Economist, Washington State Economic and Revenue Forecast Council President, Bates Technical College Executive Director, Lodi Winegrape Commission Planning and Land Services Director, Pierce County Executive Director, Washington State Wine Commission Executive Director, Washington State Public Disclosure Commission Director ofHuman Resources, City ofSeattle Director ofBudget and Finance, Pierce County Human Resources Director, Sound Transit Emergency Medical Services Director, Seattle King County Public Health Chieflnformation Officer, South Puget Sound Community College Human Services Director, Snohomish County Community Connections Director, Pierce County Road Services Division Director, King County Department of Transportation Director ofAir Quality Programs, Puget Sound Clean Air Agency Assistant Director, Community Services, Washington State Department Of Commerce Director of Community Partnerships and Communication, Seattle &King County Public Health Chief of Assessment and Policy Development Seattle &King County Public Health Director of Performance Measurement, Puget Sound Health Alliance Executive Director, Puget Sound Clean Air Agency Executive Director, Washington State Higher Education Coordinating Board Facilities Director, Pierce Transit Assistant Medical Examiner, Snohomish County Director oflnformation Technology, Pierce County Chief Medical Examiner, Pierce County Design and Construction Manager, King County METRO Deputy Director for Policy, Planning and Research, HECB Planning and Development Services Director, Snohomish County Director, Tacoma-Pierce County Health Department Structural Engineer, King County Department of Transportation, Road Services Division Pipeline Safety Director, Washington State Utilities And Transportation Commission Director of Licensing and Regulation, Washington State Liquor Control Board Human Resources Manager, King County METRO Ch ief Information Officer, Office Of The Superintendent Of Public Instruction Director oflnformation Services, Snohomish County IIKARR A',a d';.d"uN"riB„PN„'flH114G I ,jpwr faii nq in dH'ldiPtan N 7f:➢,ihr "mild h:OW; ��� 16 KARRAS CONSULTING Example of a recent City Manager search: We recently conducted an executive search for the City Manager of Mill Creek, Washington. Mill Creek has a population of 18,459 residents. The City operates in a Council- Manager form of government with individual department heads reporting to the City Manager. There are seven city council seats. The council selects one of its members to preside over meetings and serve as mayor. The City has five primary departments with a total workforce of 66 FTEs. Throughout the various stages of the recruitment we worked closely with the City Council We assisted them to define the core competencies of the position and refined the skills, abilities and qualities they were looking for in the ideal candidate. We conducted an international search that yielded 67 candidates. Subsequently, we screened this group through resume evaluation and preliminary interviews to an "A" and `B" list. After careful review the Council selected seven candidates to move forward as semi-finalists. Two finalists were selected by the Council to move forward for final interviews and a public reception. A well-qualified public sector executive from the City of Seattle was ultimately selected. The recruitment was on time and within budget. Scopeof The objective of this project is to assist the City of Kent in its national search effort for a Chief Administrative Officer. Our mission is to not simply search for a Chief Administrative Officer, but rather an extraordinary leader with the technical skills, ethics, integrity and experience to maintain and enhance the City's reputation. Karras Consulting's Executive Recruitment Model Mayor City Council Staff and Stakeholder Meetings Core Competencies and Desireable Qualifications Job Announcement Design Timeline and Advertising Strategy rrruurr uuuur uuuur ark �/r uuuur uuuuri vie uuuur urn Targeted Recruitment and Networking d�,d�,d�, ,N �d�d�d �•.,n d�d�d d�d�d�d�dn Ongoing Client and Applicant Communications I Preliminary In Person and Videoconference Interviews ........................................... ,,,,,, ,,,, � ,,,,,,.. ,,,,,,.. ,,,,,,.. Recommendation of Semi Finalists Develop interview questions and proccesses Facilitate Panel Interviews ,na,,,,,,,,a,,,,,,,,a,,,,,,,,a, Reference Education Verification and Criminal Background Checks eo.eo.eo eo.eo.eo, eo.eo.eo, o.eo.eo.. eo.eo.� � eo.eo.eo eo.eo, roo �r. Facilitate Public Reception and Finalist Interviews Candidate Selection IIW°bMS d';.d"ud'NSB..PN.'flH114G Hil aaa iH 7f:➢,ihr i�n�ld lY+4 irl'dff 17 KARRAS CONSULTING Pre-Search Activities and Project Review: A successful recruitment results from a logical and comprehensive plan linked to a strong working relationship and communications between the executive recruiter and the client. The following elements of the pre-search activities and project will be reviewed with you: • Project timeline and deliverables • Scope of work • Total compensation package and current market rates • Determine key stakeholders • Identify ideal candidate qualities and competencies Strong communication is essential for a successful recruitment. We will meet with City Officials, the Project Manger and others throughout the process. We provide comprehensive weekly written updates to keep you apprised of the progress of the recruitment. We are easily accessible at all times during the recruitment to answer questions and provide updates. We are readily available to meet in person. Developing the Chief Administrative Officer candidate profile: The objective of this project is to assist the City of Kent in its national search effort for a Chief Administrative Officer. Our mission is to not simply search for a Chief Administrative Officer, but rather an extraordinary leader with the technical skills, ethics, integrity and experience to maintain and enhance the City's reputation. We will work with you to establish the candidate profile and qualifications of the new Chief Administrative Officer. We will begin with a review of the duties of the position. The purpose of the review is twofold: First, it will allow us to gain a comprehensive understanding of the day-to-day duties, ongoing roles, and strategic responsibilities of the Chief Administrative Officer. This is vital to identify the qualities and experience required in successful candidates. Second, the review enables our firm to provide direct input to the applicability of the current components of the job description, desirable qualifications and performance standards. Once we have a firm understanding of the job description, organizational culture, desirable qualifications, performance dimensions and key competencies of the Chief Administrative Officer, Karras Consulting will develop the candidate profile for your approval. All candidates will be measured by this profile. Soliciting Input: An important step in our pre-search activities is to meet with the City Officials, staff and citizens to brainstorm the skills, abilities,knowledge and qualities necessary to succeed as the Chief Administrative Officer. In the first weeks of the recruitment we will interview key City personnel and meet with key community stakeholders whose insights are deemed critical to the process so we can gain perspective to help us best represent the opportunity and assess potential candidates. This will help us to complete the overall picture of your organization. Finding Qualified Candidates: Generating a diverse and qualified pool of applicants means reaching out to those looking for new opportunities in addition to capturing the attention of outstanding individuals who are not "on the market." One of our key strengths is identifying and recruiting individuals who are satisfied in their current roles and not actively looking for a new job, but would be an excellent fit for the Chief Administrative Officer. IIHARR!1S d';.d"uN"riB„PN„'flH114G I ,Iper ff'011 Plr iPM dH1l PtaaH 7f:➢lhr 1 18 KARRAS CONSULTING Design advertising strategy. We go above and beyond the traditional job boards and print media advertising methods. We maintain an extensive candidate database. None-the-less we are experts at industry specific job boards and are able to maximize advertising resources by recommending best choices. Networking Our advertising and networking capabilities are extensive. We rely heavily on personal contacts to find the very best candidates. When interviewing key staff, similar organizations and partners, we obtain important information about what qualities to look for in prospective candidates. Diversity Our team has established external outreach networks to support your organization in reaching a diverse pool of candidates. We go out to a broad list of local and national diversity recruitment sources and as a 10-year member of the Governor's Affirmative Action Program Committee, we have developed relationships with a wide range of diverse individuals and organizations. We have a proven track record of providing diverse candidates to our clients and we feel it is important that the candidate pool reflect the diversity of the City of Kent. Recruiting Tools: Tools we would utilize to recruit for the Chief Administrative Officer include: • Posting the job announcement on the Karras Consulting website which receives thousands of hits each month. • Job announcement e-mailed personally to hundreds of qualified public and private sector executives from our proprietary candidate database. • Use social media such as Linkedin and Twitter to promote the Chief Administrative Officer opportunity. • Place personal phone calls directly to highly qualified executives who are currently employed and not actively searching for anew job. • Place ads with online job search engines, professional associations, trade publications, diversity groups, journals and other print media. Candidate Screening: Accept applications and resumes Many people look good on paper. Others interview extremely well. But how can you judge who will really fit into your organization's vision and culture? We will help you evaluate the candidates' ability to walls the talk. We do not wait for the application deadline to pass before we begin the screening process. We evaluate applicants as they apply and use in-person,video conference and telephone interviews to screen candidates. All candidates who appear qualified on paper are interviewed by Karras Consulting in order for us to learn more about their experience, skills, education, management style and philosophy. All of this information is then compared to the pre-determined attributes and core-competencies necessary to excel as the Chief Administrative Officer. We spend a significant amount of time on this part of the process, typically interviewing about 25%-35% of the candidate pool, in order to bring you the best qualified candidates. We communicate with every candidate to notify them their application materials have been received and also to update them on their status as the recruitment progresses. IIHARR!1S d';.d"uN"riB„P flIIW14G I ,Iper ff.ii Pkq :PM dH1l PtaaH 7f:➢lhr it n�l,vi(d4�PI'!i'' 19 KARRAS CONSULTING Joint screening of applicants Our selection process is designed for you to participate in the screening process at key points during the recruitment. The three main opportunities for joint screening are: 1) Review of all candidates, 2) Review of"A" and`B" list recommendations and 3)Panel and Finalist interview processes. Prepare written summaries of candidates' qualifications Karras Consulting will meet with you to review the backgrounds of a selected 8-12 pre-qualified prospects—the "A" and`B" list. We provide written reports on each candidate's education, experience and qualifications. In our experience, at least four to six of those individuals are selected to move forward as candidates. Preliminary Screening Panel: We assist you in developing appropriate processes,resources and materials for use in selecting candidates as finalists. We offer our expertise in putting together a preliminary screening panel that is typically made up of no more than six to eight individuals with a mixture of City Officials, stakeholders and staff. We help to design appropriate and behaviorally based, content valid interview questions. We will draft recommended interview questions for your review. The more methodical and systematic the interview process, the more likely it is to produce the kind of information needed to make good judgments about an individual's chances for success. We feel tasking semi-finalists to deliver a 15-minute power point presentation based on a pre-exposed question plus another 45 minutes spent answering job related questions around the core competencies of the position produces the best opportunity to assess candidate knowledge, skills and abilities. Liability releases are required of all viable candidates to limit exposure to legal liabilities. Finalist Interviews and Candidate Selection: The objective of the final interviews is to observe candidates in various settings and determine how likely they are to succeed in the Chief Administrative Officer position and fit into your workplace. Public Reception We suggest holding a reception the afternoon or evening before the final interviews to give elected officials, employees, stakeholders and the public an opportunity to get to know the candidates. We recommend an environment that permits each candidate to make a short presentation and answer relevant pre-screened questions. Final interviews We design interview questions that will reveal pertinent information about each candidate's ability to meet the core competencies of the position. Questions are constructed to meet EEOC guidelines. All materials (application, resume, cover letter, salary history and supplemental responses) are included in booklets that are provided in advance to the panel. Perform comprehensive background checks of finalists(s) A thorough background check is critical because it provides an overarching picture of the behavioral pattern of the candidate. It is our practice to go beyond references listed on the resume. We find that candidate supplied references provide less balanced information about the candidate than information acquired from other IIKARR!1S d';.d"ud'NSB..PN.'flH114G I ,Iper fCl ii rkq ::Pk H'l,ia aH 7f:➢ n Y II 20 KARRAS CONSULTING supervisors,peers and subordinates. We go deeper, and consequently provide a more complete picture of each candidate's strengths and challenges. We provide you with a comprehensive, written report for each finalist that reveals the background information we have gathered which is linked to the job's key competencies. We also conduct a thorough criminal background check Employment Offer: After the City has selected the top candidate we are available and would welcome the opportunity to assist in negotiating the employment agreement. Project Schedule: Below is an estimated project schedule for the Kent Chief Administrative Officer recruitment. We are available to begin the search in early March. Week 1 2 �S 4 5] 6 78 9 10,! 11 12.i Phase I ✓ Meet with Mayor and staff ✓ Touch base with stakeholders ✓ Review job descriptions ✓ Design candidate profile and recruitment brochure Phase II ✓ Recruitment strategy and timeline ✓ Advertising plan Phase III ✓ Identify and develop the content of screening interviews ✓ Panel makeup ✓ Interview questions Phase IV ✓ Commence national recruitment ✓ Place advertisements ✓ Target potential candidates ✓ Assess candidate pools(ongoing) ✓ Karras Consulting conducts screening interviews Phase V ✓ Review candidates with Mayor ✓ Recommend A and B list candidates ✓ Conduct semi-finalist interviews ✓ Conduct background reference checks ✓ Conduct finalist interviews ✓ Public reception with finalists ✓ Present candidate profiles and confidential background reports ✓ Candidate selection ✓ Negotiate employment package IIH'AF"bMla d",;.ON"riW.l"IH'iG I ,Ipwr ff ii: iml in dI:.fldir an iH form ,oinlYd4OW; 21 KARRAS CONSULTING References Kathy Nielson Mayor Pro Tem, City of Mill Creek Phone: 425-286-5050 Immillcreek@gmail.com Pat McCarthy County Executive,Pierce County Phone: 253-798-6602 pmccart@co.pierce.wa.us Joni Earl CEO, Sound Transit Phone: 206-398-5012 j oni.earl@soundtransit.org Kelly Wicker Director of Internal Affairs, Office of the Governor Phone: 360-902-0612 kelly.wicker@gov.wa.gov Maryann Renzi Director of Finance, Technology and Development, Puget Sound Clean Air Agency Phone: 206-689-4041 maryannr@pscleanainorg Our firm is unique in the industry in that our clients do not incur hidden fees. Karras Consulting works for a flat fee on a retained search basis. You know before you hire us exactly what the fixed costs of your search will be. That is dramatically different from search firms that quote a low initial fee but add charges for every action related to the search. • Our total professional fee for executive recruitments is 20% of the top range of the salary for the position. All related tasks required to successfully complete this recruitment including: all position advertising, e- recruiting, print media, trade journals; on-site visits; client correspondence; targeted recruiting; interviewing; coordinating candidate travel; professional reference checks; printing of documents and materials; preparation of interview booklets; delivery and postage expenses; consultant travel and related expenses and criminal checks are included in this cost. Fees and Expenses paid by client. • Travel and related expenses for out-of-state candidates IIHARR!1S d';.d"uNSB„ flIIW^14G I ,Iper faii Pkq :PM dH1l Ptaa H 7f:➢ n it n�ld lY d4 API"r' ��� 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 ACTION AFTER EXECUTIVE SESSION