HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 03/04/2014 CITY OF KENT
Agenda
City Council Meeting
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March 4, 2014
Mayor Suzette Cooke
Darla Ralph, Council President
Councilmembers
Jim Berrios
Bill Boyce
Brenda Fir7cher
Dennis Higgins
Deborah Ranniger
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Les Thomas
homas C,-ry CLERK
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KENT CITY COUNCIL AGENDAS
KENT March 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
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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.
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COUNCIL WORKSHOP
1) B&O Project List
2) Riverbend Golf Complex
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
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PUBLIC COMMUNICATIONS
A) Oath of Office, Councilmember Fincher
B) Public Recognition
C) Community Events
D) Legislative Update
E) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A — 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through 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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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•
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.
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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.
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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
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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.
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`� 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.
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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:
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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
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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
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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
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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
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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
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Hearing Examiner for the City of Kent
Malik Ridge Preliminary Plat
#SU-2004-7 KIVA #2042372
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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
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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
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I
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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
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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
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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
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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.
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Hearing Examiner for the City of Kent
Malik Ridge Preliminary Plat
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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
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(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.
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Hearing Examiner for the City of Kent
Malik Ridge Preliminary Plat
#SU-2004-7 KIVA #2042372
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(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
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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
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ENVIR04M'ENTAL sSFRwcEs = SEWER EAS.ER9EidT 5 of 1
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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
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Exhibit B
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PUBLIC
TEMPO AR Y f"
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Scale SOP: ' " ;' '"•.:Job Number
Horizontal1zontc! 1°=200' Vertical O 4NO REALI`:�i �. �°'_�
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((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
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Targeted Recruitment and Networking
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Ongoing Client and Applicant Communications I
Preliminary In Person and Videoconference Interviews
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Recommendation of Semi Finalists
Develop interview questions and proccesses
Facilitate Panel Interviews
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Reference Education Verification and Criminal Background Checks
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Facilitate Public Reception and Finalist Interviews
Candidate Selection
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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.
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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
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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
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BIDS
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REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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EXECUTIVE SESSION
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 �
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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.
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COUNCIL WORKSHOP
1) B&O Project List
2) Riverbend Golf Complex
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
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PUBLIC COMMUNICATIONS
A) Oath of Office, Councilmember Fincher
B) Public Recognition
C) Community Events
D) Legislative Update
E) Intergovernmental Reports
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PUBLIC HEARING
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PUBLIC COMMENT
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Agenda Item: Consent Calendar 7A — 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through 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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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•
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.
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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
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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
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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
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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.
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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
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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
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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
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CONSULTANTS
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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
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Project Name: Pacllo.eatewey utlnes ParK.,
December12,2002
Revised Jaouery 2,2009
Revised January 10,2003
Revised 4anuary20,2003
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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
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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
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11
KARRAS
CONSULTING
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City of Kent
Recruitment Services for a Chief Administrative Officer
KARRAS
CONSULTING
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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
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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.
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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
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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
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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
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Preliminary In Person and Videoconference Interviews
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Recommendation of Semi Finalists
Develop interview questions and proccesses
Facilitate Panel Interviews
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Reference Education Verification and Criminal Background Checks
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Facilitate Public Reception and Finalist Interviews
Candidate Selection
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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.
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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.
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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
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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
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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
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BIDS
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REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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EXECUTIVE SESSION
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
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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.
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COUNCIL WORKSHOP
1) B&O Project List
2) Riverbend Golf Complex
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CHANGES TO THE AGENDA
Citizens wishing to address the Council will, at this time, make known the
subject of interest, so all may be properly heard.
A) From Council, Administration, or Staff
B) From the Public
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PUBLIC COMMUNICATIONS
A) 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
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Agenda Item: Consent Calendar 7A — 7B
CONSENT CALENDAR
7. City Council Action:
Councilmember moves, Councilmember
seconds to approve Consent Calendar Items A through 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.
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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
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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.
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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
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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.
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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.
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•
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.
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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.
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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
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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.
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`� 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.
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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:
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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
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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
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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
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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)
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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
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#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
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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.
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Nearing Examiner for the City of Kent
Malik Ridge Preliminary Plat
#SU-2004-7 KIVA #2042372
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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:
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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
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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.
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Malik Ridge Preliminary Plat
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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.
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Malik Ridge Preliminary Plat
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(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.
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Hearing Examiner for the City of Kent
Malik Ridge Preliminary Plat
#SU-2004-7 KIVA #2042372
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(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
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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.
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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.
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Hearing Examiner for the City of Kent
Malik Ridge Preliminary Plat
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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.
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Malik Ridge Preliminary Plat
#SU-2004-7 KIVA #2042372
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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
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3
+f.
Project Name: Pacllo.eatewey utlnes ParK.,
December12,2002
Revised Jaouery 2,2009
Revised January 10,2003
Revised 4anuary20,2003
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Sheet
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ENVIR04M'ENTAL sSFRwcEs = SEWER EAS.ER9EidT 5 of 1
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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
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Exhibit B
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PUBLIC
TEMPO AR Y f"
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EASEM T `
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Scale SOP: ' " ;' '"•.:Job Number
Horizontal1zontc! 1°=200' Vertical O 4NO REALI`:�i �. �°'_�
KENTS WA 950 2NUE SOUTH CORP-ORrf`'1 I, � :::,."'a' Shbet': ,
((425 251-5222
(425�251-8782 FAX Title; it
CML ENGINEERING, WO PUBLIC TEMPORARY�" ��'`..���.�`
�r✓ceNGRY�R� ENVIROINM`ENTAR SEWCES TURNAROUND EAS M'EN7 , of_.—
Desi ned_.« Drown— Checked oved W Dafe ': 2:
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
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Targeted Recruitment and Networking
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Ongoing Client and Applicant Communications I
Preliminary In Person and Videoconference Interviews
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Recommendation of Semi Finalists
Develop interview questions and proccesses
Facilitate Panel Interviews
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Reference Education Verification and Criminal Background Checks
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Facilitate Public Reception and Finalist Interviews
Candidate Selection
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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.
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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.
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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
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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
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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
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BIDS
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REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES
A. Council President
B. Mayor
C. Administration
D. Economic & Community Development
E. Operations
F. Parks & Human Services
G. Public Safety
H. Public Works
I. Regional Fire Authority
J. Other
K. Other
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EXECUTIVE SESSION
ACTION AFTER EXECUTIVE SESSION