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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 01/21/2014 CITY OF KENT Agenda City Council Meeting ( 1i ��eo�, l ,rt� rrro � m®roa ar January 21 , 2014 Mayor Suzette Cooke Darla Ralph, Council President Councilmembers Jim Berrios Bill Boyce Dennis Higgins ' f Deborah Ranniger Les Thomas CIFY CLERK y r This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT January 21, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5:30 p.m. Subiect Speaker Time Council Retreat Dates Council President Dana Ralph 5 min ICS 402 Training Dominic Marzano 5 min B&O Tax Amendments Robert Nachlinger 50 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 Jim Berrios B. Public Recognition 1. Kent Parks Foundation Donation 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent C. Community Events D. Introduction of new Arts Commission Appointee, Jennifer Treese E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Appointment to Arts Commission — Approve (Continued) COUNCIL MEETING AGENDA CONTINUED C. King County Solid Waste Division Waste Reduction & Recycling Grant — Approve D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant - Approve E. Contract with Olympic Environmental for 2014-15 Residential Recycling Collection Events - Approve F. SR 516 to S 231st Way Levee North Reach Improvements, Change Order No. 1 - Approve G. Central Avenue South Improvements Federal Grant - Accept H. Kent Interurban Trail Connector Project Grant - Accept I. South 224th Street Improvement, Phase 2 Transportation Improvement Board (TIB) Grant — Accept J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013-2015 Grant — Accept K. Ordinance Amending Kent City Code Chapter 9.02, Lewd Conduct — Adopt L. 2012 Vehicle Detector Loops Project Completion — Accept M. 2013 Thermo Plastic Markings Project Completion — Accept N. 2013 Vehicle Detector Loops Project Completion — Accept 0. Hawley Road Levee Improvements Phase I Project Completion — Accept P. Horseshoe Bend and Upper Russell Road Levee Plantings Project Completion — Accept 8. OTHER BUSINESS A. Council Position No. 6 — Appointment Process 9. BIDS A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 10. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION 12. ADJOURNMENT NOTE: A copy of the full agenda packet is available for perusal in the City Clerk's Office. The Agenda Summary page and complete packet are on the City of Kent web site at www.KentWa.gov An explanation of the agenda format is given on the back of this page. Any person requiring a disability accommodation should contact the City Clerk's Office in advance at (253) 856-5725. 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Award for Men's "E" Western National ASA Softball Tournament to the City of Kent C) Community Events D) Introduction of new Arts Commission Appointee, Jennifer Treese E) Public Safety Report F) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through E. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 7, 2014. This page intentionally left blank. KENT Kent City Council Meeting January 7, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Boyce, Higgins, Ralph, Ranniger, Sharp and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added item F to the Consent Calendar, an excused absence for Councilmember Berrios. B. From the Public. None. PUBLIC COMMUNICATIONS A. Oath of Office. City Clerk Ronald F. Moore swore in Suzanne Cooke as the Mayor, Dennis Higgins as Councilmember, Position 4, Ken Sharp as Councilmember Position 6, Karli Jorgensen as Municipal Court Judge Position 1 and Glenn Phillips as Municipal Court Judge Position 2. B. Council President Election. Councilmember Thomas moved to elect Councilmember Dana Ralph to the position of Council President, seconded by Council President Higgins. Councilmember Higgins spoke in support of the motion. A vote was taken on the motion on the table to elect Councilmember Dana Ralph as the Council President. Motion carried 6-0. Council President Dana Ralph thanked the Council for their electing her to the position and thanked former Council President Higgins for his work as past council president. She thanked the residents and stated she will be available for questions and concerns. She said her biggest goal is to ensure open communications between businesses, residents, staff and the Council. Mayor Cooke stated she is looking forward to working with Council President Ralph. C. Council Committee and Liaison Appointments. Council President Ralph made the following appointments: Economic and Community Development Committee Chair: Councilmember Boyce, Members: Councilmembers Higgins and Berrios Parks and Human Services Committee Chair: Councilmember Ranniger, Members: Councilmembers Higgins and Sharp Public Safety Committee Chair: Councilmember Berrios, Members: Council President Ralph and Councilmember Thomas Public Works Committee Kent City Council Minutes January 7, 2014 Chair: Councilmember Higgins, Members: Council President Ralph and Councilmember Sharp Operations Committee Chair: Councilmember Thomas, Members: Council President Ralph and Councilmember Boyce Council President Ralph also communicated additional appointments and named Councilmembers Boyce, Higgins, and Thomas to the Regional Fire Authority. She appointed Councilmember Boyce to the Lodging Tax Advisory Board, Councilmember Thomas to the Firemen's Relief and Pension Board, Councilmember Higgins to the Human Services Commission, and said she would represent the Council on the Arts Commission. D. Public Recognition. Mayor Cooke communicated that Mike Heinisch is the 2013 Kent Reporter, Kent Citizen of the Year. She stated that he knows everyone and is an avid baseball fan. Heinisch said he is honored to work for and with the City of Kent, the Kent Food Bank, and Kent Family and Youth Services. Mayor Cooke thanked SGT Robert Constant and his police traffic unit for coming out early and assisting drivers during the snow on the morning of December 19. Additionally, she communicated that a truck struck and knocked down a traffic signal pole on Kent Kangley early in the morning on December 18. She highlighted the ingenuity of two Public Works staff, Mike Sorenson, Senior Signal Traffic Technician and Jay Crisostomo, Traffic Technician. They cut, designed, and installed an interim traffic signal prior to the snow storm and commute that morning. Council President Ralph thanked Jay and Mike for their work in fixing the traffic signal. Council President Ralph wished a happy birthday to her son on his 14th birthday. E. Community Events. Councilmember Ranniger communicated that "YOU-ME-WE" will be on January 24 at the ShoWare Center. She discussed the various fun events for children and their families. Council President Ralph communicated that on January 24 at 7:30 p.m. the Arts Commission Spotlight Series is presenting the California Guitar Trio and the Montreal Guitar Trio at the Kent Meridian Performing Arts Center. Mayor Cooke communicated that the Kent School District Technology Expo is on Tuesday, January 14 from 6:00 - 8:30 p.m. at the ShoWare Center. F. Proclamation against Human Trafficking. Mayor Cooke read the proclamation, proclaimed January as Human Trafficking Awareness Month, and presented the proclamation to Lorna Rufner. Police Chief Ken Thomas communicated that the police department takes human trafficking seriously and stated that the FBI asked the Kent Police Department to assist in the Puget Sound effort against child exploitation in the region. He noted that Detective Dvorak is running that task force. Ms. Rufner thanked the Mayor and Council and highlighted her organization called the Southeast King 2 Kent City Council Minutes January 7, 2014 County Coalition Against Trafficking. She communicated their mission and when their meetings are. G. Introduction of new Arts Commission Appointee. Mayor Cooke introduced Elena Luna. Luna discussed why she wanted to be on the Arts Commission and be involved in the arts in Kent. She introduced her family to the audience. H. Intergovernmental Reports. Council President Ralph communicated that Regional Law Safety and Justice will meet in January to discuss implementation and how things are going with I-502. Councilmember Boyce communicated he will be attending the Sound Cities Association (SCA) Public Issues Committee (PIC) meeting on January 8 at 7:00 p.m. at Renton City Hall. Councilmember Higgins communicated that next Wednesday there are two Sound Cities Association meetings. He stated that he will be elected to the board of directors at the 10:00 am meeting next Wednesday, January 15 and there will also be a Regional Transit Committee meeting later that day. PUBLIC HEARINGS 1. Six-Month Mariivana Zoning and Business License Moratorium. Mayor Cooke communicated that on November 19 the Council adopted Ordinance No. 4094 that established a six-month marijuana zoning and business license moratorium prohibiting the establishment, location, operation, licensing, maintenance, or continuation of marijuana processors, producers, and retailers claiming authorization under Chapter 69.50 of the Revised Code of Washington or any other law of the State of Washington. She noted that state law requires that a public hearing be held on the moratorium within 60 days of adoption. She noted that the ordinance has already been adopted by the Council. She stated that the ordinance established that January 7, 2014 be the day for the public hearing. Acting City Attorney Pat Fitzpatrick communicated that this item has been before the Council several times. He noted that on June 5, 2012 the Council adopted an ordinance prohibiting medical marijuana and collective gardens. Back then, he stated the issue was surrounding whether medical marijuana, collective gardens, and dispensaries were legal businesses. With that, the Council passed zoning code policies prohibiting all of them. On November 6, 2012, the voters adopted Initiative 502 concerning recreational marijuana and it allowed for the possession of small amounts of recreational marijuana and created a system for manufacture, production, and retail sale of marijuana. He stated that the process is going on now where the Washington State Liquor Control Board has established a method for this, which includes where it can be produced and sold. He added that the state can issue up to three licenses for retail sale in Kent with no limitation on processing facilities. He continued that the only land use regulation is a 1,000 foot buffer to schools, churches, and parks, etc. In November, he said there was a proposal for a moratorium to deal with the ongoing conflict in federal and state law. Federal law communicates that marijuana in any form is illegal so until that changes the Council has made a policy decision that there will be no marijuana land 3 Kent City Council Minutes January 7, 2014 uses or businesses in Kent. He added that the moratorium was passed on November 19 and a public hearing needed to be heard within 60 days. He noted that the current moratorium expires on May 27, or earlier unless the Council adopts language for permanent zoning. He discussed local marijuana legislation and said Renton passed a moratorium on November 4, Covington hasn't addressed the issue of recreational marijuana but has passed their fourth six-month moratorium on medical marijuana, Auburn has passed a one-year moratorium on recreational marijuana in September 2013, Federal Way passed a one-year moratorium on November 5, 2013, and the City of SeaTac has permanent code language that states that marijuana usage is a federal offense. Tukwila, he said, has language that zones marijuana use in a small area on the border of Kent, but the land owners won't sell property to any retail marijuana operations. Councilmember Boyce verified that the liquor control board by law determined that Kent could have three retail licenses in the City. Fitzpatrick also communicated that the liquor control board hasn't determined if all of the businesses are viable, just that they have applied. He also added that the liquor control board hasn't determined where the manufacturing facilities can be, just that there is a limit on the number that the entire state can have. He said the purpose of the ordinance is to determine whether the City will or won't accept licenses through the state and be permitted in Kent. Councilmember Sharp asked for the marijuana status in Burien and Des Moines and Fitzpatrick replied he didn't know what those cities have done on this issue. Councilmember Higgins verified that the legal department is still measuring time spent on this issue. Council President Ralph moved to recommend the Mayor open the public hearing concerning a six-month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by Councilmember Higgins. Motion carried 6-0. A. Chris Kealy, Tacoma — Kealy stated that he has applied to be a producer/processor in Kent. He communicated that the license period opened on November 18 and ended on December 19 or 20. He said he inspected the list and based on his research there are two businesses that are in the running to really be producer/processors in Kent and that he isn't interested in the retail side. He communicated that his company intends to operate inside the state regulations on how processing plants are to be run. He stated that he has already leased 23,000 square feet in Tacoma and is building a building in Kent. Mayor Cooke verified that Mr. Kealy registered his business under the name "Spinning Heads, LLC." Councilmember Thomas communicated that the marijuana would be produced, processed, and it has to be sold retail somewhere. Kealy discussed prohibition and how it relates to marijuana. 4 Kent City Council Minutes January 7, 2014 Councilmember Higgins thanked Kealy for testifying and verified with him that he is spending $8 million and another $12 million to hire 102 people to work in the facility. Furthermore, he said he will have an estimated $10 million in expenditures every year in Kent if his facility opens. Councilmember Higgins confirmed that there would be no odor or signage on Kealy's property. Kealy also said that there would be eight trucks a day going in and out of the facility and 102 employees coming and going from work. Councilmember Higgins inquired about the revenues from a producer/processor to a city. Kealy replied that cities aren't getting a sufficient cut on the revenues from these. He stated that the revenues to a city would be less than $100,000. Councilmember Higgins verified that his Tacoma facility is 23,000 square feet and only has 40 employees. He said it is a backup plan if the facility in Kent isn't built. Kealy communicated that Tacoma understood I-502 and allocated areas in Tacoma where producers could setup. Kealy verified to Councilmember Thomas that there would be 102 employees at his facility in Kent. Councilmember Sharp inquired about security issues. Kealy replied that he has a military-based driver group to drive armored cars so the product is secure. He said there is a gate at the front of the property and intruders will be met with resistance. He noted that they aren't talking about weapons, but electronic-based intrusion mechanisms. He stated that he would ask for assistance from the police department if his facility is approved. Mayor Cooke verified the address of the proposed facility. Council President Ralph inquired about the vulnerability of the business and Kealy communicated that most vulnerability occurs when the product is being moved. Councilmember Thomas communicated that the address is close to the church and school. Kealy replied that they are far enough away from both. Councilmember Thomas communicated that if they produce it and process it, it has to be sold retail somewhere in the public. B. Christine Masse, Seattle — Masse introduced herself as the personal and business attorney for Kealy. She communicated that she wants the option to allow this use under the Kent City Code to remain open. She said Kent has a chance to be a leader in this and offered herself and Mr. Kealy to work with the City staff to come up with creative options. She also stated that she would be interested in assisting the city in getting some of the revenues into the city. Mayor Cooke noted that Des Moines has approved the retail sale of marijuana. 5 Kent City Council Minutes January 7, 2014 Councilmember Higgins inquired about Masse and her work with Tacoma and she communicated that operations in Tacoma are up and running. This, she said, is an opportunity for Kent to regulate and make this legal and begin to move out those who are doing this illegally. Councilmember Higgins also verified with Masse that Seattle has banned marijuana sales in areas zoned as historical. She added that finding a 1,000 foot buffer is an issue in Seattle and there is a zoning plan. Councilmember Higgins thanked her for her input and felt the City will have to deal with it in a regulatory fashion sooner rather than later. C. Steve Manzanares, Kent — Manzanares communicated that he has applied for a grower/processor license. He communicated that in a 10,000 foot grow operation you would generate $361,000 in cannabis. He said there are a lot of tax revenues to be generated out of this. He stated that Kent wouldn't even know where the grows were if they were allowed. He stated that security wouldn't even be an issue. He stated that if this gets adopted there would be a switch in the economics and law enforcement where law enforcement would only have to deal with hard drugs. He stated there is revenue there and before it is judged the Council should investigate. He added that the City would obtain $30,000, five times a year in sales tax revenues. Mayor Cooke verified that Mr. Manzanares registered his business under the name "Organic Cannibis Coalition." There was discussion about sales tax revenues and Acting City Attorney Fitzpatrick communicated that the City doesn't get any sales tax revenues, just a small amount of B&O tax revenue. Council President Ralph moved to close the public hearing concerning a six- month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by CM Thomas. Motion carried 6-0. PUBLIC COMMENT A. Gwen Allen-Carston, Kent — Allen-Carston discussed Kent Black Action Commission (KBAC). She thanked the police department, Council, and Mayor for their service. She discussed an event called "Barbershop Talks" for African-American men. She communicated that the core of the community is men and thanked the City of Kent for they do. Councilmember Ranniger verified that the event is on January 18 from 3:00 to 7:00 p.m. at the Senior Center. CONSENT CALENDAR 6 Kent City Council Minutes January 7, 2014 Council President Ralph moved to approve Consent Calendar Items A through F, seconded by Councilmember Thomas. The motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of December 10, 2013. B. Appointment of Arts Commissioner Elena Luna - Confirm. Mayor Cooke confirmed the appointment of Elena Luna to the Kent Arts Commission. C. LifeWise Assurance Company Contract for Individual and Aggregate Stop Loss Coverage - Authorize. The Mayor was authorized to sign the 2014 LifeWise Assurance Company renewal contract for individual and aggregate stop loss coverage, subject to terms and conditions acceptable to human resources and the city attorney. D. Group Health Cooperative Contract for Insured HMO Plan - Authorize. The Mayor was authorized to sign the 2014 Group Health Cooperative contract for the City's insured HMO plan, subject to terms and conditions acceptable to human resources and the city attorney. E. Delta Dental of Washington Administrative Services Contract for Self- Insured Dental Program - Authorize. The Mayor was authorized to sign the 2014 Administrative Services contract with Delta Dental of Washington for the City's self- insured dental program, subject to terms and conditions acceptable to human resources and the city attorney. ADDED ITEM F. Excused Absence. An excused absence for Councilmember Berrios who was unable to attend the January 7, 2014 council meeting was approved. OTHER BUSINESS None BIDS There were no bids. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. No report from Council President Ralph nor Councilmember Higgins. B. Mayor. Mayor Cooke thanked the Boeing employees for the "yes" vote and stated that it ensures the first and second 777x would be built here. She added that there are over 50 Boeing suppliers based in Kent. She said recruiting will begin for the chief administrative officer position. She applauded Brubaker for the work he has done and said she hopes he applies for the position and will strongly request that an outside firm be used for the recruitment process. 7 Kent City Council Minutes January 7, 2014 C. Administration. Tom Brubaker, Interim Chief Administrative Officer announced there would be ten minute executive session concerning potential litigation as authorized per RCW 42.30.110(1)(i). D. Economic & Community Development Committee. Councilmember Boyce communicated that there will be a meeting on Tuesday. E. Operations Committee. Councilmember Thomas indicated that the report was in the minutes. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting was January 16. G. Public Safety Committee. Council President Ralph confirmed that the meeting time of the Public Safety Committee meeting will remain the same for now. H. Public Works Committee. Councilmember Higgins communicated that a $5 million grant was accepted at the Public Works Committee meeting for the 228th project from the State Transportation Improvement Board (TIB). He communicated that the corridor has received a great deal of funds and connects with the 509 corridor. He noted that this project is in the forefront as far as funding for this quarter. I. Regional Fire Authority. Councilmember Thomas reported that the Regional Fire Authority has a meeting on January 15 at 5:00 p.m. EXECUTIVE SESSION At 8:41 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for ten minutes to discuss potential litigation, per RCW 42.30.110 (1)(i). At 8:50 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:53 p.m. Ronald F. Moore, MMC City Clerk 8 40. KF14 Agenda Item: Consent Calendar — 7B TO: City Council DATE: January 21, 2014 SUBJECT: Appointment to Arts Commission — Confirm MOTION: Confirm the Mayor's appointment of Jennifer Treese to the Kent Arts Commission. SUMMARY: Confirm the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. Jennifer Treese made application for appointment to the Kent Arts Commission to fill a vacant four year term. Jennifer's love of arts and history began over a decade ago, and since then she has been part of informal science and historical craft education for both children and adults. Jennifer was actively involved with the technical crew for small theater productions during her high school and college school years. Jennifer is as an aerospace engineer and recently completed her certificate in project management. She believes that science, art, and history enrich our lives and looks forward to serving our community on the Arts Commission. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. KENT ° Agenda Item: Consent Calendar - 7C TO: City Council DATE: January 21, 2014 SUBJECT: King County Solid Waste Division Waste Reduction & Recycling Grant - Accept MOTION: Authorize the Mayor to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The King County Waste Reduction and Recycling grant is used to fund three Special Recycling and Collection Events for residents and businesses for the collection of hard-to-recycle materials, including appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete, and tires. The grant also funds activities and events associated with the Business Recycling Program, the Multi-Family Recycling Program, the purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels, as well as the Christmas Tree Collection and Recycling program co-sponsored by Parks and the Boy Scout organization. EXHIBITS: Interagency Agreement for 2014 with King County RECOMMENDED BY: Public Works Committee YEA: Sharp, Ralph, Higgins NAY: BUDGET IMPACTS: The City will receive $89,835 in 2014. No match is required. This page intentionally left blank. 7 CONTRACT 45637583 INTERAGENCY AGREEMENT FOR 2014 i Between KING COUNTY and the CITY OF KENT This one-year Interagency Agreement"Agreement'is executed between King County, a Charter County and political subdivision of the State of Washington,and the City of Kent, a municipal corporation of the State of Washington,hereinafter referred to as "County' and "City' respectively. Collectively, the County and City will be referred to as"Party' or"Parties." PREAMBLE King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and,services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. L PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. 1 8 IL RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A, The total amount of funds available from this grant in 2014 shall not exceed$89,835. 2. This Agreement provides for distribution of 2014 grant funds to the City. However, 2014 funds are not available until January 1, 2014, and 2014 funding is contingent upon King County Council approval of the 2014 King County budget. The County shall notify the City in writing of the funding status. 3. During this one-year grant program, the City will submit a minimum of one, but no more than four, progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement,prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of four(4)progress reports and requests for reimbursement during the one-year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2015. If the City chooses to submit the minimum of one progress report and request for reimbursement during the one-year grant program, it shall be due to the County by March 31, 2015. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5"'working day of January 2015, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work,but no later than June 30, 2015. 2 9 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County,the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process, 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex,religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory,mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. i 8. During the performance of this Agreement, neither the City nor any Party,subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination, These laws include, but are not limited to,RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County,to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six(6) years after termination hereof unless penrtission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40,14. These accounts shall be subject to inspection, review or audit by the Comity and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2017. 3 10 12. The City agrees to credit King County on all printed materials provided by the County,which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or"text provided courtesy of King County Solid Waste Division." i 13, The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced;provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process. 17. This project shall be administered by Gina Hungerford, Conservation Specialist; 220 4th Ave. South; Kent, WA 98032-5895; TEL - (253) 856-5549; FAX—(253) 856-6500; Email— gh�=erfordO.ci.kent.wa.us, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant finding to $10,000 per year. 4 11 2. The City of Kent`s budgeted grant funds for 2014 are $89,835. Unspent 2014 funds will not carry over to 2015. 3. Within forty-five (45) days of receiving a request for reimbursement from the City,the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or "text provided courtesy of the City of Kent." 5. The County retains the right to share the written material(s)produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager of the King County Solid Waste Division. II1. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2014 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2014 and shall terminate on June 30, 2015. The City shall not incur any new charges after December 31, 2014. However, if execution by either Party does not occur until after January 1, 2014,this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2014 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 11. A of the Agreement. 5 12 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds;and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1)the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2)the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations,terns and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND IINDEMNIF'ICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits,penalties, losses, damages, or costs of any kind whatsoever(hereinafter "claims") brought against the County arising out of or incident to the City's execution of,performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report,film,tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade narme, and/or otherwise results in unfair trade practice. 6 13 VIL INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be$1,000,000 general liability insurance combined single limit per occurrence for bodily injury,personal injury, and property damage. If the policy has an aggregate limit, a$2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C,unless Section VII.B, applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached C to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority(WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. III. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVEI3ABILITV If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 i 14 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Ms. Gina Hungerford, Conservation Specialist City of Kent 220 4th Ave. South Dent, WA 98032-5895 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City King County BY (Title) Pat D.McLaughlin,Director Solid Waste Division I For Dow Constantine,King County Executive Date Date ft 15 Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent 2014 Scope of Work A. Basic Information 1. City of Kent 2. Grant project manager: Gina Hungerford Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - (253) 856-5549 FAX- (253) 856-6500 Email—ghwigerford@kentwa.gov 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle; WA 9811.6 TEL - (206) 938-8262 FAX- (206) 938-9873 Email—pauldevine@msn.com 4. 2014 Budget: $89,835.00 B. Scope of Work Task One; Recycling Collection Events A. Schedule—Events will be held in March, .Tune, and October, 2014 B. Task Activities © Total Number of Recycling Collection Event—Three ® Appliances • Refrigerators and Preezersd- • Ferrous Metals a Non-ferrous Metals • Concrete, Asphalt, Rock, and Brick"" N Tires+ • Mattresses+ Styrofoam 1 i i 16 • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Bulky Yard Debris* • Scrap Wood* *Collected in the spring (March and June) ** Collected in the fall (October) +User fees may apply. • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • By distributing a promotional flyer through direct mailings. • By notices in City newsletters (whenever possible). • By posting a bulletin at City Hall and on the City cable channel (if available), K-Hold, and Facebook. • By publicizing the event through the King County Solid Waste Division Promotional Activities. C) Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2014 volumes and vehicles with prior year's events. 2 17 D) Task Budget: $20,500.00 ISUdgert category Citz Staff Costs 1,500.00 1,500.00 3,000.00 6,000.00 ConwactoriblaTting Costs Lvent star uosts Collection/Hadhi Costs Wood Was Scrap a lances, etc. Toilet/Sink Collection $1 000.00 $0.00 $500.00 $1 500.00 ec ion r one an o se on Concrete $1,000.00 $0.00 $1,600.00 $2,600.00 vapor Shredding gyres attreses $1,600.00 $0.00 2,000.00 3,500.00 j yro oam se i t1treezeletc. Batteries 0.00 2,000.00 0.00 2,000..00 r n mg ai ing von u [as Other Ex enses -rentals,etc 2,000.OD 2,357.32 1,000.00 5,357.32 NOTE:Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. E) Task Performance Objectives: The City plans to send out approximately 47,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 250-300 tons of material from the local waste stream per year. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. F) Task Impact Objectives: By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has a.population of approximately 119,000. The City expects, based on past events, that 3,100-3,500 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 250-300 tons of material diverted from the local waste stream for recycling each year. In addition to diverting iaterials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs. The educational materials can enhance the luiowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. 3 I 18 Task Two: Business Recycling Program A) Task Schedule: 2014 B) Task Activities: Through continued recycling assistance to businesses, the City will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. The City will also work with the Kent School District to promote school recycling programs. Program Activities: 1)Kent Business Information Prepare, print, and coordinate distribution of a Kent Business Recycling Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses two times a year. 2)Kent Business Assistance j To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition; the City will provide assistance to City businesses on an on-call basis. 3) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement the Kent Green Business of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. 4 19 C) Task Budget: $32,400.00 NBusiness e a egory Cost Total ses era and Gra hits $1 500.00 1 500.OD sts $1,600.00 1,600.00 mg costs , tance To include: Educational material dis n u ion Business consultationsreports $1500.00 $1500.00 Follow-up calls to businesses $1,000.00 $1,000.00 Program Promotion Business Reco nition Program Planninglimplemention 2,000.00 $2,000.00 rogram Promotion Other Costs $700.00 $700.00 Business Web Site Web Site Assistance Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. . D) Task Performance Objectives: 1) The Kent Business Recycling Newsletter will be sent to all Kent businesses two times a year. With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream. 2) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention. Consultant staff will include the information as requested in the King County business database. Summary program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; .the number of businesses receiving information; and the number of businesses beginning or expanding recycling activities. 3) Kent Green Business of the Year Award will provide Kent businesses with motivation to recycle by recognizing Kent businesses that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. E) Task Impact Objectives: By providing information, web site assistance, technical assistance, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has an employee population of approximately 62,000. In addition to diverting materials from 5 20 the City waste stream, providing information to Kent business provides an opportunity to distribute educational material on City and King County recycling programs. The technical assistance, web site assistance, recognition, educational materials can enhance .the knowledge of business and improve behavior in the purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A) Task Schedule: 2014 B) Task Activities: The task will include promoting waste reduction, participation in Kent multifamily residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers. The City will: • Distribute multifamily educational brochures through direct mailings, City events; and door-to-door delivery. • Distribute multifamily signs for use at multifamily complexes for proper recycling of materials. • Providing on-site waste consultations and follow-up assistance. • Distribute multifamily educational brochures in Spanish and Russian(if available) through direct mailings, Recycling City events, and door-to-door delivery. C)Task Budget: $12,500.00 a i ami y u get a egory 2014 o a rovi a ssrs ance an o ow-up e , s e ss s ante s eo ram romotion The business program will be funded with use of Icing County WRR grant funds. Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and 6 21 convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. E) Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost/Worm Bin Distribution A) Task Schedule: Spring, 2014 B) Task Activities: a Total Number of Compost/Worm Bin Sales — 1-2. The City may distribute bins at the second spring event if stock remains. s Task Description - The City will implement two backyard compost bin distribution events in conjunction with Kent Recycling Collection Events. The City will: • Distribute subsidized backyard compost/worm bins and educational materials on grasseycling and backyard composting to Kent residents. Residents will be charged a user fee for bins of$25.00. ® Promote the program through the City of Kent website and event flyers. ® Purchase and distribute approximately 120 worm bins. The City has approximately 100 compost bins in storage for distribution in 2014. C) Task Budget: $6,100.00 ESTIMATE® COSTS 2014 2014 Total City Staff Cost $800.00 $800.00 Administration and t1upplies . orage ana Delivery Consultant and Contractor Services $3,000.00 $3,000.00 Wonrr Sills $2,500.00 $2,500.00 sttrna a to Inc®me a , Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Composting extends the life of landfills and reduces stress on local composting facilities. This program should result in greater resource efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials in their gardens. 7 22 E)Task Impact Objectives: As a result of the bin sales,the City of Kent will: ® Reduce the residential waste stream by up an estimated 100 tons of yard debris annually or 1,000 tons in the next ten years. ® The City will monitor the program by reporting the following: -Number of compost/worm bins distributed. -The estimated amount of compostable material diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational materials on City recycling programs and yard debris reduction programs in King County. The educational materials can enhance the knowledge of residents and improve behavior in purchasing products, practices, and disposal of yard debris. Task Five: Purchase Products Made From Recycled Materials A)Task Schedule: 2014 i B)Task Activities: f In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycle content rain barrels and other items for distribution. The rain barrels weight approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced. The City will sell the rain barrels at City Recycling Collection Events in 2014. The City will sell the bins for$30-$35 each. C) Task Budget: $6,835.00 i Recycled Product Purchase 2014 2014 Total City Staff $600.00 $600.00 Consultant and Contractor Services $3,200.00 $3,200.00 MITEu Mar Tems minis f ra f son an upp fees- _ Estimated Barrel Income w$4,500.00 $4,500.00 TOTAL. $6,835.00 L $6,835.00 D) Task Performance and Impact Objectives: The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials. By purchasing products made from recycled content, the City will divert recyclable material from the waste stream. The City 8 I 23 will distribute the rain barrels to.City residents to help promote recycled products. The City will promote the rain barrel sale in the City Recycling. Collection Event flyer. The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain barrels will continue to conserve water resources for many years. Task Six: Christmas Tree Collection and Recycling A) Task Schedule: Winter, 2014 B) Task Activities: e Task Description - The City will provide collection of Christmas trees in the City for residents just after the Christmas holiday. The City plans to provide City residents with four to six tree collection days. The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers. • Recycle collected trees C) Task Budget: $8,000.00 ESTIMATED COSTS 2014 2014 Total Supplies/equipment $6,500.00 $6,600.00 rolec a ong oa D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill. This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station. E) Task Impact Objectives: As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: Number of Christmas trees collected. -The estimated amount of material diverted from the waste stream. 9 24 Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER will ® Track project expenses; ® Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work; ® Prepare reports for the grant program; and • Prepare final report. Task Budget: $3,500.00 King. County WRR Grant 2014 2014Total 1. Program Management $2,100.00 $2,100.00 2. Project Expenses a. Mileage $550.00 $550.00 b. Supplies $850.00 $850.00 TOTAL $3,500.00 $3,500.00 10 • Nl. KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: January 21, 2014 SUBJECT: Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant - Accept MOTION: Authorize the Mayor to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Seattle-King County Health Department's Local Hazardous Waste Management Program Grant is an annual grant to help cities protect public health and the environment from toxics and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents and local businesses, as described in the attached Grant Agreement's Scope of Work. Hazardous items collected at the events include: Refrigerators and freezers, used oil, antifreeze and other petroleum products, as well as batteries. In addition, the grant pays for some staffing and printing and mailing costs associated with the events. EXHIBITS: 2014 Community Services Contract with King County RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $32,278.87. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts. This page intentionally left blank. 27 Public Health A Seattle & King County King County Contract# EHS3311 Federal Taxpayer ID # 91-1355875 Federal Sub-recipient - No This form is available in alternate formats for people with disabilities upon request. 2014 COMMUNITY SERVICES CONTRACT WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION THIS CONTRACT is entered into by KING COUNTY (the "County'), and City of Kent (the "Contractor'), whose address is 220 4th Ave. S,Kent,Washington,98032-5895 . The County department overseeing the work to be performed in this Contract is the Seattle-King County Department of Public Health (aka, Public Health - Seattle & King County, "PHSKC") Contract Summary PHSKC Division: Environmental Health Project Title: Local Hazardous Waste Management Program Contract Amount: Thirty Two Thousand Two Hundred Seventy Eight Dollars and Eighty Seven Cents Contract Start Date: 01/01/2014Contract End Date: 12/31/2014 Fund Source Information FEDERAL: $ 0 COUNTY: $32,278.87 STATE: $ 0 OTHER: $ 0 Specific Funding Details (Award number, CFDA# Amounts, Effective Dates) 1) Local Hazardous Waste Management Program Funding WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2014 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: I IncoKporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Program Exhibits and Requirements ® Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Invoice Exhibit D: Contractor's Certificate of Insurance and Additional Insured Endorsement II Term and Termination A This Contract shall commence on 1/1/2014 8:00:00 AM, and shall terminate on 12/31/2014 8:00:00 AM, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Contract# EHS3311 Page# 1 of 9 28 B This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the suspension. C The County may terminate or suspend this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection ILC. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection ILA., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Compensation and Method of Payment A The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit which complies with the attached Budget Exhibit. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The Contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers Contract# EHS3311 rage## 2 of 9 29 among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference hftp:/Iwww.gsa.gov for the current host city per diem rates. 3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of federal grant must be in accordance with the Fly America Act. IV Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted government accounting standards (GAGAS). V Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV, below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application Forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such Contract# EH83311 Page # 3 of 9 30 i visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kingeounty.gov/healthservices/health/partnerships/contracts VIII Audits A If the Contractor is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination/audit conducted by the Washington State Auditor has been completed. B Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be Contract# EHS3311 Page # 4 of 9 31 insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers,employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, Contract# EHS3311 Page# 5 of 9 32 constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XII Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and provide required insurance documentation prior to the signing of this Agreement. XIII Assinnment/Subcontractinci A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies. C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, XI, XII, XIII, XIV, XV, XVI, and XVII,XVIII, XXIV, XXV, XXVI, XXVII, and the Funder's Special Terms and Conditions, if attached, in every subcontract that relates to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV Nondiscrimination and Euual Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants Contract# EHS3311 Page # 6 of 9 33 and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. I B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI Equipment Purchase, Maintenance, and Ownership A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. i XVII Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material w article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited Contract 4 EHS3311 Page# 7 of 9 34 None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper and both sides of sheet of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. XX Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire ContractMaiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVIIContractor Certification Contract# ENS3311 Page# 8 of 9 35 By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY CONTRACTOR j FOR King County Executive Signature Date Name (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Contract# EHS3311 Page# 9 of 9 36 EXHIBIT A SCOPE OF WORK CITY OF KENT I/l/2014-12/31/2014 j Background The Local Hazardous Waste Management Plan (hereafter refereed to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RC W 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). i The purpose of this Exhibit is to define the relationship associated with the Program's funding of j City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize three citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters,petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Programs Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Fund Manager: a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. EHS3311—City of Kent 1 37 3. The City shall notify the Fund Manager no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent, at(253) 856-5549, (ghungerford a)kentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Director for resolution. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley Madelaine Yuri LHWMP Program Director LHWMP Fund Manager EHS3311—City of Kent 2 38 150 Nickerson Street, Suite 204 150 Nickerson Street, Suite 204 Seattle WA 98109 Seattle WA 98109 206-352-8163 206-352-7128 lyndaranslevnakiu c� ounty. oy rnadelaine. kingcountygov Paul Shallow LH W MP Contract Administrator Seattle, WA 98104 206-263-8487 paul.shallowkkingcounty.gov III i EHS3311—City of Kent 3 39 EXHHIIT B 2014 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description Budget Household Hazardous Waste Education Household Hazardous Waste Collection $32,278.87 TOTAL $32,278.87 i i EHS3311 —City of Kent 40 EXHIBIT C 2014 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: City of Kent 220 Fourth Ave. S Kent, WA 98032 To: Madelaine You, Fund Manager Local Hazardous Waste Management Program in Icing County Seattle-King County Department of Public Health 150 Nickerson St., Suite 204 Seattle, WA 98109 Contract#EHS3311 Period of time: 2014 to ,2014. { In performance of a signed Contract between King County and the City of Kent, I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Budget Current Expenses Previous Charges Balance Description Household Hazardous Waste Education Household Hazardous $32,278.87 Waste Collection I TOTAL $32,278.87 i For Health Department Use Only FOR HEALTH DEPARTMENT USE ONLY Oracle Purchase Order#- Invoice Date Invoice# Amount to be paid Oracle Requisition# Oracle Receipt# Oracle CPA# Local Hazardous Waste Management Program Approval: Madelaine Yun IHW-NR-0100 Date EHS3311 —City of Kent KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: January 21, 2014 SUBJECT: Contract with Olympic Environmental Resources for 2014-2015 Residential Recycling Collection Events - Authorize MOTION: Authorize the Mayor to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Olympic Environmental Resources will provide assistance with the implementation of the city of Kent's Waste Reduction and Recycling Programs, including the spring, summer, and fall special recycling and collection events, outreach for business and multi-family waste reduction and recycling programs, rain barrel and compost bin sales and education to benefit the citizens and businesses of Kent. These programs provide a cost savings to Kent's residents and businesses. EXHIBITS: Olympic Environmental Scope of Work RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. This page intentionally left blank. 43 2014/15 Proposed Scope of Work City of Kent 2014/15 Residential Recycling Collection Events, Bin and Barrel Sales, Business Recycling Program Outreach, School Program Outreach, Multifamily Residential Recycling Program Outreach, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (The Contractor) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevine@msn.com SUB CONTRACTOR Wilder Environmental Consulting PO Box 46188 Seattle, WA 98146 Phone: (206) 949-1787 Email: swilder@wilderenvironmental.com TASK 1: Residential Recycling Collection Events In 2014 and 2015 the Contractor will organize six citywide collection and recycling events in the City of Kent. The events will be held in March, June, and October. A) Materials to be collected and recycled: • Appliances+ • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* • Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Motor Oil • Motor Oil Filters 44 • Antifreeze • Petroleum Based Products • Paper Shredding** • Electronic/Computer Equipment/Cell Phones • Mattresses+ • Styrofoam • Car Seats +User fees may apply or the City may cover all user fees. *Collected in the spring ** Collected in the fall B) The following educational materials will be distributed at the events: • Information on City of Kent waste reduction and recycling programs • Information on the Local Hazardous Waste Management Programs Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county-sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. The Contractor reserves the right to refuse oversized, commercial, or contaminated loads. Event Promotion Event promotion will be accomplished in the following ways: • Distribution of a promotional flyer through direct mailings • Articles in the City newsletter publicizing events • Publicizing the events through the King County Solid Waste Division • Publicizing the events on the City's cable channel and website Proiect Evaluation The following measures will be used to evaluate the completion and success of the events: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Comparison of 2014/15 volumes and vehicles with prior year's events Timeline Tentative Event Dates— March,June, and October, 2014/15 January/April/August 2014/15 Event planning Work with City on finalizing event date Schedule vendor services February/ April/September 2014/15 Schedule vendor services Work with City on event flyer Coordinate with granting agencies on approval of the flyer 2 45 March/June/October 2014/15 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/July/November 2014/15 Prepare project reports Assist City in grant reimbursement process TASK 2: Spring Compost Bin,Worm Bin, and Rain Barrel Sale The Contractor will organize a two or more compost bin, worm bin, and rain barrel sale at the direction of the City. The events will be held in March and if needed in June. The Contractor will bundle other City clients and solicit bids for the compost bins, worm bins, and rain barrels. The Contractor will arrange to have the bins and barrels delivered to the City Shops. The Contractor will implement one or more sales accompanied by educational outreach/technical assistance on backyard composting, vermicomposting, and rain barrel use. If the bins and barrels don't all sell at the March event an additional sale may be held at the June Recycling Collection Event. The sale/s will be advertised in the Recycling Collection Event flyers sent to all Kent households. The Contractor will sell the bins for $25 each and the rain barrels for $30 each or more as directed by the City. Each bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. The worm bins and rain barrels will include instructions on proper set-up and use. TASK 3: Business and School Recycling Outreach The Contractor will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial and school sector in 2014 and 2015. Program Activities: 1) Kent Business Recycling Printed outreach The contractor will work with the City to determine up to 2 methods of printed outreach to the business sector during 2014/15. This could include newsletters, postcards or ad space in local papers or chamber newsletters. 2) Kent Business and School Assistance To provide recycling assistance to Kent businesses and schools, the Contractor will deliver a Business Recycling Tool Kit to all Kent businesses expressing interest.The Contractor will provide assistance to City businesses on an on-call basis. The Contractor will track assistance to City businesses as required by King County. The Contractor staff will promote the website www.kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. School assistance in 2014/15 will build on the success of past years and will expand wherever possible. 3 46 3) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle, The Contractor will manage the Kent Green Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled-content products. As feasible, the Contractor will promote the winners, and other outstanding applicants programs as examples for other Kent businesses to model. 4) Business Website Assistance In 2014/15, the Contractor will respond to inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. 5) Other outreach activities, as requested and as budget allows TASK 4: Residential Recycling Program Outreach The Contractor will promote waste reduction and enhanced recycling programs through the following program efforts with residents and property owners and managers: • Distribute City outreach materials: through direct mailings, City events, property manager outreach and door-to-door delivery • Provide on-site waste consultations and follow-up assistance • Respond to inquiries from residential communities • Work with City contracted haulers to promote recycling programs • Other outreach activities, as requested and as budget allows Proiect Goals and Obiectives • Promote residential participation in Kent recycling services • Promote cost-effective handling of the residential waste stream • Promote the purchase of recycled products to the residential sector • Promote use of www.KentRecycles.com. Proiect Evaluation The Contractor will monitor the success of the program by reporting the following: • Number of educational materials distributed • Number of residential communities that received technical assistance • Increase in the number of residential buildings participating in collection service of recyclables TASK 5: Grant Administration The Contractor will work with the City to provide grant administration and project reports for this Scope of Work. The Contractor will: • Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work • Prepare reports for the grant program funding reimbursement • Prepare final reports as required by recycling program grants 4 47 Olympic Environmental Resources will be the prime contractor on this project and will subcontract a portion (Tasks 3 and 4) to Wilder Environmental Consulting. Olympic Environmental Resources and Wilder Environmental Consulting are available to implement additional projects at the direction of the City. 5 This page intentionally left blank. N 9 0 z, m " o4 � � agd .. � G Ro a "° •, � 5 � � � � 9 '� c a 9 � � 5 =. c c o '� o 5 ;. B lw 5 P a � 5 Q a a � gs000 bssa Pos � s sogggoo oo s s . 00s . n ee eg ggggo oggo ' 8 c � O o T z � z v g ggo g sg gggo g sgg _ ao c s gss s � � 000 � �� a Pos � s � sogggoo � oo � � s � � � s � ooc go gg ggggo oggo - A This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: January 21, 2014 SUBJECT: Change Order with SCI, LLC for SR 516 to S 231't Way Levee North Reach Improvements - Approve MOTION: Authorize the approval of Change Order No. 1 to SCI Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Construction on the Russell Road Upper North Reach began last summer and was substantially complete by the end of November, 2013. The project involves construction of a secondary levee near the Marina Pointe portion of the Lakes residential development. The work is required to meet federal levee safety standards for levee certification and eventually FEMA accreditation. This is the first levee project constructed by the City that will be entirely paid for by the King County Flood Control District. The work was completed through an Interlocal Agreement with a funding limit of $1.5 million. The interlocal agreement was not authorized by the King County Flood Control District until July 17, 2013, which gave the project a late start. The original construction contract was awarded to SCI Infrastructure for $583,462.54 and most of the levee was completed by late September, 2013. During our record rainfall event on September 28, areas along the landward side of the levee eroded and needed to be repaired. Erosion control measures were installed at the time; however, due to the timing of the storm the damage was significant. While assessing needed repairs, it was determined that areas of the levee required more work than anticipated. Those areas were repaired. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The total project costs, including this change order, are within the $1.5 million budgeted for the project through funds from the King County Flood Control District. Accordingly the project is well within budget. With this change order included, total project costs are approximately $1.0 million. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: January 21, 2014 SUBJECT: Central Avenue South Improvements Federal Grant - Accept MOTION: Authorize the Mayor to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The pavement along South Central Avenue between Willis Street and the South Central bridge has numerous cracks, rutting and patches, and is in need of repair or replacement. Because of the progressed deterioration of Central Avenue, this arterial requires more of a reconstruction than a simple overlay and will require appreciable design work including relocation of utilities before the road project can be advertised for bids. The road overlay itself will cost over $2 million. The future reconstruction project will repair failing pavement sections and provide a full-width overlay of the roadway. The Public Works Department competed for and was awarded a $300,000 federal grant through the Puget Sound Regional Council for the design phase of the Central Avenue South Pavement Preservation Project. This funding will allow the City to complete the design and permitting phases of this critically needed improvement and will make this project more competitive for possible future federal grant funding opportunities. EXHIBITS: Local Agency Agreement LA-8224 RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $300,000 of federal funding. The local match for this grant is 13.5% or $40,500. Funding for the local match could come from B&O Tax receipts, and would be needed as design progresses. This page intentionally left blank. i 53 �S�B6��t�9'� StateTransportation Building 310 Maple Park Avenue S.F. ® Department of Transportation P.O.Box 47300 Olympia,WA 98504-7300 Lynn Peterson 360.705-7000 Secretary of Transportation TTY:1-800-883-6388 www.wsdot.wa.gov August 9, 2013 Mr. Tim LaPorte Public Works Director City of Kent 220 Fourth Avenue South AUG 1. 3 2Q13 Kent, Washington 98032-5838 City of Dent CITY OF KENT Central Avenue South ENGINEERNG Pavement Preservation STPUL-1071(006) FUND AUTHORIZATION Wp Dear Mr. LaPorte: i We have received FHWA fund authorization, effective August 5,2013, for this project as follows: PRASE TOTAL FEDERAL SHARE Preliminary Engineering $347,821 $300,000 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-8224 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction,any expended federal funds must be repaid. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. L cerely F l`�' Stephanie Tax Manager, Program Management Highways&Local Programs ST:jg:ac Enclosure cc! Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121 54 washingtstate partment®e Yransgiaortation L Leah Agency Agreement ,e Agency City of Kent CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 220 -4th Ave. S. Project No. �i� 6' Kent, Washington 98032 Agreement No. � < For OSC WSDOT Use ON The Local Agency laving complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars-A-102, and A-133, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State,-subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Central Avenue South Pavement Preservation Length 0.73 miles Termini From Willis Street to South 262nd Street(Alder Lane) Description of Work This project will remove and rehabilitate the existing roadway pavement surface to add service life to the roadway between Willis St. and S. 262nd Street/Alder Lane. The project includes removal and replacement of failing pavement sections and a full-width asphalt concrete overlay of the entire roadway. . Estimate of Funding Type of Work ) ( Estimated Total Estimated t Agency Estimated Project Funds Funds Federal Funds PE a.A enc 346 821.00 46 821.00 300 000.00 86.5 % b.Other c. Other Federal Aid d. State Participation 1,000.00 1,000.00 Ratio for PE e. Total PE Cost Estimate a+b+c+d 347 821.00 47 821.00 300 000.00 Right of Way f.A enc % . Other h. Other Federal Aid Participation 1. State Ratio for RW Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other Federal Aid -State Participation Ratio for CN g.Total CN Cost Estimate k+I+m+n+o+ r.Total Project Cost Estimate a+'+ 347,821.001 47 821.00 300 000.00 Agency Icl'f Washington State De artment of T ansportation By By a�J7__ Title pirectnr of��+P��nhlic Director of Highways and Local Programs Date Executed j DOT Form 140-039 EF Revised 09/2011 55 Construction Method of Finanentg (check Method Selected) State Ad and Award ❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑ Method B-Withhold from pas tax the Agency's share of total construction cost(line 4,column 2)in the amount of $ at$ per month for months. Local Force or Local Ad and Award ® Method C-Aoencv cost incurred with Dartial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on Resolution/Ordinance No. Provisions 1. Scope of Work The Agency shall provide all the work, labor,materials, and services necessary to perform the project which is described and set forth in detail in the"Project Description"and"Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. 11. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Govemment by the administration of this project.The Agency agrees that the State shall have the full'authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract,the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls .and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable titres and shall be retained and made available for such inspection for a period of nct less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1.Preliminary engineering. 2.Right of way acquisition. _ 3.Project construction. In the event that right of way acquisition, or actual construction of the road,for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of Management and Budget circulars A-102 and A-133.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. DOT Form 140-039 EF Revised 09/2011 2 56 The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal.aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR 225 - Cost Principles for State,Local, and Indian Tribal Government, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C—The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate,not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project.Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit,the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation(see Section IX). Vlll. Single Audit Act The Agency,as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work,project cancellation,overpayment, cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals,or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will,at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits,whether at law or equity brought against the Agency,State,or Federal Government,arising from the Agency's execution, DOT Form 140.039 EF Revised 0912011 3 57 performance,or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U. S.C.3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CPR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be, bound by the above equal opportunity clause with respect to its own employment practices when it Participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local Government,the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules,regulations,and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpartD of the Executive Order. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel,terminate,or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston County. DOT Form 140-039 EF Revised 09/2011 4 58 XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. - (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan,or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file,the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Additional Provisions DOT Form 140-039 EF Revised 09/2011 5 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: January 21, 2014 SUBJECT: Kent Interurban Trail Connector Project Grant - Accept MOTION: Authorize the Mayor to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent was awarded $727,500 through a direct appropriation from the Washington State Department of Commerce. This funding will allow the City to complete the design and construction of a bicycle connection between West Valley Highway and the Interurban Trail. The project entails the design and construction of a shared travel path along the south side of South 228th Street from the Interurban Trail, west to 68th Avenue South (West Valley Highway), approximately 1,800 feet in length. In addition to providing connection as part of the City's system of trails to bike lanes, it will provide a link between residential and office areas around 228th Street with the downtown commercial area. EXHIBITS: Letter dated August 19, 2013 from the Department of Commerce RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $727,500 of state funding. This page intentionally left blank. 61 OTAt STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE a PO Box 42525> Olympia, Washington 98504-2525 m (360)725.4000 August 19, 2013 N1r•. Kurt Hanson City of Kent 400 West Gowe Kent, WA 98032 Dear Mr. Hanson: Congratulations! Governor Inslee recently signed the 2013-2015 State Capital Budget,which includes an appropriation of$750,000.00 for the Kent Interurban Trail Connector project. The Department of Commerce,which will administer the project,will retain three percent(up to a maximum of$50,000)to cover our direct administrative costs, Accordingly, your net grant award will be $727,500.00. Prior to receiving funds,your organization will need to fulfill the following requirements: ® Provide documentation of your organization's financial ability to complete the project. All funds from sources other than the state must be expended, raised,, or secured by documented pledges or loans. ® Any property relevant to the project must be owned or secured by a long-term lease that remains in effect for a minimum of ten years following the final payment date. A lien on owned property is also required when receiving grants over$250,000. ® Prevailing wages must be paid for all construction labor costs incurred as of July 1, 2013. ® Possible review by the Washington State Department of Archaeology and Historic Preservation, Your project may need to comply with the state's green buildings standards (RCW 39.35D). Please fill out the enclosed Contract Readiness Survey and return it at your earliest convenience, Upon receipt, we will email you a comprehensive set of contracting guidelines to assist you with the contracting process. If you have any questions or need additional information,please contact Beth.Prihoda at (360)725-5001, Sincerely, �—� uw Diane Klont , Assistant Director Community Services and Housing Division Enclosure This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: January 21, 2014 SUBJECT: Washington State Transportation Improvement Board (TIB) Grant for South 224th Street Improvement, Phase 2 - Accept MOTION: Authorize the Mayor to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: For the second year in a row the Public Works Department competed for and was successful in receiving a $5,000,000 grant from the Washington State Transportation Improvement Board for the City's South 224th Street Improvement Project. This year's award is for Phase 2 of the project, which will construct a 3-lane roadway between 88th Avenue South and 94th Place South, and a new bridge over Garrison Creek. Last year the City received $5,000,000 for Phase 1 of this project, which will connect the east and west sides of SR 167 with a new bridge. The future Phase 3 of the project will complete the 3 lane roadway up to the Benson Highway. This new roadway will be roughly 1.8 miles long, and will include curbs, gutters and sidewalks, a two—way left turn lane, planted center medians where possible, roadside planter strips, street lighting, undergrounding of overhead electrical facilities and storm water management facilities. It is being requested that the TIB combine Phases 1 and 2 into a single project for more efficient and cost effective project administration, design and construction. EXHIBITS: Map RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City's matching share for this grant will be paid out of Local Improvement District No. 363 payments and storm drainage funds. We also anticipate utilizing B&O funds as needed for pavement replacement and Transportation Impact fees as they become available following the SE 256th Street project. This page intentionally left blank. Y Y( ^� r ,d„ �J jf ». .,. NC7ORT�{,... i 70 Project Location SCALE ` In in V� i 'b� j ,,, I N516 �ll.l`wl f,' i .a� )J llr 16 SiS i. 1f cc g6° r x d'i6 ,, 167 , xhf ✓3"i p r�� � ,,, step �' P 6,..fi _. ^ Slie Tdl� aw� ,��. I ii r �r i 212 St a� 1 �, '"�' ,x' �Phase III' mot" niiri ire i�ar i[[S manm,✓irn •^erin/�.�l..iiial iiiii i/,1'y 6 ...,.. , ^ •»..... °wmE+�'r'. Phase III; �n rn'!; n .... , . Owl .», 1 I�PdA U i U ...,. » aye ,k Ls7ro�e..,..... ir<y�� ir Phase I n �� r ggIlb J� ),�/,�� z 1J 50 N �Op`r�a-.Skr4�rul r :�• ., 4r, .. . e.,.. l j/ t U . ". On r4 � � ,e yff � .�rt• Soulth 224th / 228th Street NORTH sw M 0 556Faet Corridor Extension Project I EMT This page intentionally left blank. KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: January 21, 2014 SUBJECT: Washington Auto Theft Prevention Authority (WATPA) PATROL Task Force 2013-2015 Grant - Accept MOTION: Authorize the Mayor to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. SUMMARY: The biennium Washington Auto Theft Prevention Authority (WATPA) grant was awarded to Prevent Auto Theft through the Regional Operational Links (PATROL) Task Force. The grant was submitted by the Federal Way Police Department, and the Kent Police Department will be the fiscal manager for the funds. The PATROL Task Force is comprised of South King County law enforcement agencies, the King County Prosecutor's Office, and two North Pierce County police agencies. This $74,983 grant funds additional police salaries and personnel benefits. EXHIBITS: WATPA award letter to Federal Way, dated November 1, 2013 and grant program award sheet; Agreement between Federal Way police and WATPA; Initial WATPA award letter to Federal Way, dated July 15, 2013 and grant program award sheet RECOMMENDED BY: Public Safety Committee YEA: Ralph, Thomas, Berrios NAY: BUDGET IMPACTS: The funds are awarded on a reimbursement basis, so there is not budget impact. This page intentionally left blank. WASHIN N AUTO THEFT PREVENTION AUTHORITY WASHING I ON ASSOCIAI ION OP SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE,Suite 101 —Lacey,W A 98516—Phone:(360)292-7900--Fax:(360)292-7269—Website:httpU/watlm.waspe,org "Preventing and reducing motor vehicle thefts in the State of Washington. " 'fpwlintnmki.o llaA PRmgb�Au9!InYp November 1, 2013 Chief Brian Wilson Federal Way Police Department 33325 8thAve. S Federal Way, WA 98003 Dear Chief Wilson: The Washington Auto Theft Prevention Authority (WATPA) Board of Directors recently reviewed your request to revisit the original grant funding regarding the King County Prosecuting Attorney (KCPA) salary/benefits that was part of the Federal Way Police Department's (PATROL) grant request for the 2013-1015 biennium. The board recently approved $74,983.00 in additional salary and benefits for the KCPA position. l nclosed is an amended award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Agencies are reimbursed for actual expenses only up to the limit of the award categories. After October 15, 2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. If you have any questions, please contact me at 360-292-7959 or via e-mail at mpainter rdwaspe.org. Sincerely,, Michael Painter, Executive Director Washington Auto Theft Prevention Authority mn.dunxv,n Aum TheJi Prel rnno„ Amhudly JOIN RA1181E EMIL DAMMEL HARVEY WESDAL KEN HOBENBERG RICK SCOTT '. Chid WASImr Parrot hwon,,,Mdn.nry Shrr(Q--CbngGuCn ly Chfef ![rune.WA 5'h erlf/-Grays nnrbor JOIN MARTIN MITCR BARKER DAN'SATERRERO BOB LFT MERLE FFIEFRR G,,m1Nihhc F.,wh,Dbmlw-WAW Pnn,wiig A.,oruey-Km,Comy (h,,f-Auhwn PonomobNr frrdunih MICHAEL.PAINTER Gx ,d,rOb mro, IYATPA AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENHON GRANT PROGRAM AWARD SHEET AAYIt IV DED I, Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way, WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013 —06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO THEFT PREVENTION AUTHORITY 7. Amount Approved: 8. Service Area: $1,689,083.00 King/Pierce Counties 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1 ,263,613.00 206,485.00 1 ,087,580.00 B. Employee Benefits 548,176.00 62,371 .00 464,127.00 Overtime (not to exceed 2% C. of grant request) 39,450.00 0.00.. ........... D. Consultants/Contracts 7,400 00 0.00 4,000.00 E Travelffraining 29,175,00 500.00 20,000.00 _. __._.... _ _..... ..... 1. F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.00 0.00 H. Public Outreach 16,000.00 0.00 16,000.00 FINAL 1,986,944.00 2.91,356.00 1,689,083.00 II AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THF,FT PREVENTION GRANT PROGRAM AWARD SHEET IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, mid in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. WATPA RECIPIENT i Name/ Michael Painter Name/ Title WATPA, Executive Director Title , '-;'. I J.G-4/lvkj Ch,z/ Date: - -- Date: i i WASHINGTON AUTO TIIEFr PREVENTION AUTHORITY WASIIINGTON ASSOCIATION OF SHERIFFS AND POLICC CHIEFS 3060 Willamette Drive NE,Suite 10l—Lacey,WA 98516_Phone:(360)292-7900--Pax:(360)292-7269--Weleate:http://",atpa.waspe.org "Preventing and reducing motor vehicle thefts in the State of i'Vashington." p,,ILas rgmnA bTholl Pre¢IiwnA I rll i "SIltfl�gRmFlIronmp July 15, 2013 Chief Brian Wilson Federal Way Police Department 33325 8th Ave. S Federal Way, WA 98003 Dear Chief Wilson: I I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of Directors has approved the Federal Way Police Department's grant application for funding the PATROL task force for the July 1, 2013-June 30, 2015 biennium in the amount of $1,614,100.00. Please know that the WATPA Board has discontinued funding of bait car programs. Enclosed is an award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. WATPA funds cannot be reimbursed until the signed agreement is received, Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up to the limit of the award categories. All grant applicants are required to submit a non-supplanting declaration to WATPA before funding requests will be processed. After October 15,2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. An updated quarterly report will be available on the WATPA website after September 15,2013. If you have any questions,please contact me at 360-292-7959 or via e-mail at mpainter<@wasDc.orc. Sincerely, Michael Painter, Executive Director Washington Auto Theft Prevention Authority IPeeshLrg/nn.InMTN ll Prercnllnn ' ,Orthod(y JOIIN DATISTE EAIIL DAMAIEL HARVEY G.IESDAL KEN HOHENRERG RICKSCOTT Chl,f IPA Slam&.l lrLurnnre 1"halry S llff Dolglnr Comny Chlef.Ken.....kk 5'h,,Iff Grille Hnrbar VACANT AI ITCH HARKER DANFA'I'TERRERG BOB I,CE MERIX PFIF,FER Genernl Puhlla tGeowlvc lJlrenar-H'ANYC I'rarcWIll All,",,,-Khl0,wrr Ghby-AN""l A. by,1.1u1, MICHAEL PAINTER Rrannhx DUeemr-IATPA AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THEFT PREVENTION GRANT PROGRAMAWARD SHF,ET 1. Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way,WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013—06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO TI3EFT PREVENTION AUTHORITY 7. Amount Approved: 8. Service Area: $1,614,100.00 King/Pierce Counties i 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1,263,613.00 206,485.00 1 ,032,432.00 B. Employee Benefits 548,176.00 62,371 .00 444,292.00 Overtime (not to exceed 2% C. of grant request) _ 39,450.00 0.00 28,946.00 D. Consultants/Contracts 7,400.00 _ 0.00 4,000.00 i E. Travel/Training 29,175.00 500.00 20,000.00 F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.00 0.00 H. Public Outreach 16,000.00 0.00 16,000.00 FIN 986,944.00 291,356.00 1,614,100.00 This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: January 21, 2014 SUBJECT: Ordinance Amending Kent City Code Chapter 9.02 to Establish Lewd Conduct - Adopt MOTION: Adopt ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. SUMMARY: Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. This ordinance will protect the public health, safety and welfare. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee YEA: Ralph, Thomas, Berrios NAY: BUDGET IMPACTS: N/A This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. RECITALS A. Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. B. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. C. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult 1 Amend KCC 9.02 Lewd Conduct Ordinance entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. D. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. E. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. F. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and 2 Amend KCC 9.02 Lewd Conduct Ordinance which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. G. This ordinance will protect the public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Chapter 9.02 of the Kent City Code is hereby amended by adding new sections 9.02.295, 9.02.296 and 9.02.297 as follows: Sec. 9.02.295 Definitions. The following words and phrases, wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300 and 9.02.310, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A. Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constitution. B. Known prostitute, a person known to patronize prostitutes, or a person known to advance prostitution means a person who within one (1) year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been convicted of an offense of 3 Amend KCC 9.02 Lewd Conduct Ordinance prostitution, patronizing a prostitute, prostitution loitering, permitting prostitution, or promoting prostitution whether or not such conviction occurs under the Revised Code of Washington or comparable laws of municipalities in the state of Washington. C. Patronizing a prostitute shall have the same meaning as set forth in RCW 9A.88.110 as now enacted or later amended or recodified. D. Prostitution means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange of any item or service, or promise, but does not include sexual conduct engaged in as part of any stage performance, play, or other lawful and properly licensed entertainment open to the public. E. Public place means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment or sell product, and the windows, doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age. F. Public place provided or set apart for nudity means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose 4 Amend KCC 9.02 Lewd Conduct Ordinance membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home. G. Sexual conduct shall mean "sexual intercourse" or "sexual contact" as defined in RCW 9A.44.010 as currently enacted or later amended or recodified. H. Walking or otherwise conducting oneself in a sexual manner shall mean the swaying of hips, drawing attention to one's buttocks, legs, or breasts, grabbing oneself in the genitals or breasts, blowing kisses, or using one's body or any part thereof to simulate sexual conduct. Sec. 9.02.296. Lewd conduct A. A person is guilty of lewd conduct if, in a public place and under circumstances where such conduct is likely to be observed by a member of the public, the person intentionally: (1) Exposes any of his or her body parts without a full and opaque covering: (a) Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft; (b) Any part of the areola or nipple of the female breast; or (c) More than one-half of the part of the female breast located below the top of the areola; 5 Amend KCC 9.02 Lewd Conduct Ordinance (2) Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered; (3) Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed with the intention of sexual arousal or one's self of others; (4) Masturbates; or (5) Engages in sexual intercourse or sexual contact as those terms are defined in chapter 9A.44 RCW. B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section. C. This section shall not be construed to prohibit: (1) The act of breastfeeding or expressing breast milk; (2) Classes, seminars, and lectures held for serious scientific or educational purposes; (3) Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in chapter 5.10 KCC or other law; (4) Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to chapter 5.10 KCC; 6 Amend KCC 9.02 Lewd Conduct Ordinance (5) Conduct of licensed employees working in adult businesses operating pursuant to chapter 5.10 KCC, provided the conduct is not exposed to a person under 18 years of age; or (6) Conduct of a child under 10 years of age. D. Lewd conduct is a misdemeanor. Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.296. Facilitating lewd conduct is a misdemeanor. SECTION 2. — Amendment. Sections 9.02.300 and 9.02.310 of the Kent City Code are hereby amended as follows: Sec. 9.02.300. Prostitution Loitering A. A person is guilty of prostitution loitering if he or she a publ+e plaEe and intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute. B. Among the circumstances which may be considered in determining whether the actor intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she: 1. Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation; 7 Amend KCC 9.02 Lewd Conduct Ordinance 2. Repeatedly stops or attempts to stop occupants of a motor vehicle or motorcycle by hailing, waiving, or beckoning to the occupants using words or conduct, or attempts to obtain the attention of the occupants by walking or otherwise conducting oneself in a sexual manner; 3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts, or attempts to stop pedestrians; 4. Circles or repeatedly returns to an area known by the police as an area of prostitution; 5. Is a known prostitute, a person known to patronize prostitutes, or a person known to promote, permit, or advance prostitution; 6. Inquires whether another is a police officer, searches for articles that would identify a police officer, or exposes his or her genitals or her breasts, or requests the other to touch his or her genitals or her breasts to prove that the other is not a police officer; or 7. Utilizes internet websites, publications or social media including but not limited to Backpage.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to commit the crime of prostitution or patronizing a prostitute. G. As used On this seEtmen: ieE0Cf ..doffTC d T1Cr 8 Amend KCC 9.02 Lewd Conduct Ordinance / / / geneFal and buildings epen te the C. The crime of prostitution loitering may be deemed to have been committed either at the physical location where the loitering occurred or at the location where the person agrees to meet someone they solicit for acts of prostitution as defined in RCW 9A.88. ieE'OC ..doffTC d TCr 9 Amend KCC 9.02 Lewd Conduct Ordinance 6. Walking or etherivise conducting oneself in a sewuai manner shall n9ean the swaying of hops, dFawing attention to one's buttedEs, legs, OF DE. Prostitution loitering is a misdemeanor. Sec. 9.02.310. Stay out of areas of prostitution orders. A. Findings. The high risk prostitution areas set forth in subsection (E) of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the city of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash, human waste, and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) of this section suffer a much higher incidence of prostitution-related crimes than other areas of the city B. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent municipal court to anyone charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pre-trial release. 10 Amend KCC 9.02 Lewd Conduct Ordinance C. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation. D. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. E. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas": 1. Pacific Highway South from the south side of South 272nd Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 3. South 240th Street from the 2700 block through the 3200 block, including all adjacent businesses. 4. Central Avenue North/84th Avenue South from Novak Lane to South 222nd Street, including all adjacent businesses. 11 Amend KCC 9.02 Lewd Conduct Ordinance 5. 83rd Avenue South from South 228th Street to South 224th Street, including all adjacent businesses. F. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, signifying that he or she has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's attorney appeared in person before the court. G. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Ch. 9.02 KCC and will subject the violator to arrest." H. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. I. Pursuant to Section 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) of this section are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting 12 Amend KCC 9.02 Lewd Conduct Ordinance travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs. SECTION 3. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY 13 Amend KCC 9.02 Lewd Conduct Ordinance PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Lew Conduct Prostitution.Docx 14 Amend KCC 9.02 Lewd Conduct Ordinance This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7L TO: City Council DATE: January 21, 2014 SUBJECT: 2012 Vehicle Detector Loops Project Completion - Accept MOTION: Accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: The 2012 Loop Replacement Project replaced damaged induction loops to improve traffic signal functionality at 24 signal locations. The original contract amount was $125,134.68. The final contract amount was $107,700.86. This project is now complete and ready for acceptance by the City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7M TO: City Council DATE: January 21, 2014 SUBJECT: 2013 Thermo Plastic Markings Project Completion - Accept MOTION: Accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: Crosswalks, railroad crossings, stop bars, and high occupancy vehicle (HOV) roadway markings are all done with thermoplastic material. Application of thermoplastic is dependent on good weather, so it is normally limited to the months of July through September. Public Works Operations crews have historically applied these markings and will continue to apply markings as time allows. However, they did not have available resources during the application window to meet the work load. Therefore, several locations (predominately within the valley), were identified to be included as part of a contracted thermoplastic project. This project consisted of installing 2,600 feet of plastic stop lines, 13,800 square feet of plastic crosswalk lines, and 56 each of plastic carpool lane symbols and 52 each of plastic railroad crossing symbols. The original contract amount was $226,510.00. The final contract amount was $211,519.50. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: Contract will be paid from Business & Occupation tax revenue. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7N TO: City Council DATE: January 21, 2014 SUBJECT: 2013 Vehicle Detector Loops Project Completion - Accept MOTION: Accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. SUMMARY: The project consisted of re-installing 99 traffic loops that were inoperable at various locations in the City. Loop reconstruction is necessary to provide more efficient traffic signal operations. The original contract amount was $125,532.50. The final contract amount was $100,846.78. This contract is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 70 TO: City Council DATE: January 21, 2014 SUBJECT: Hawley Road Levee Improvements Phase I Project Completion - Accept MOTION: Accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of constructing approximately 835 linear feet of levee including raising the existing Hawley Road, adjusting existing utilities, detention pond excavation and other miscellaneous work related to reconstruction and certification of the Hawley Road Levee. Phase II of this project is currently under construction and will be completed later this spring. The original contract amount was $543,926.51. The final contract amount was $397,356.95. Phase I is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded through a combination of a state grant, and City drainage funds. The state grant reimbursed the City roughly $900,000 for the costs of the Conditional Letter of Map Revision incurred after July 1, 2011 and all design and construction costs for the same time period through June 30, 2013. This item did not have to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7P TO: City Council DATE: January 21, 2014 SUBJECT: Horseshoe Bend and Upper Russell Road Levee Plantings Project Completion - Accept MOTION: Accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of the installation of approximately 15,600 native plants in a stream buffer, wetland, new stream channel and live stake planting area. The plants varied from trees in five gallon size containers to herbaceous plugs. This work was required to provide mitigation for impacts caused by the City's secondary levee construction projects. The original contract amount was $87,472.62. The final contract amount was $94,865.81. This project is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: The Horseshoe Bend portion of the project was paid out of the $10,000,000 State Grant. The Upper Russell Road portion of the project was paid for out of the City's stormwater utility. This item did not need to be brought to Committee. This page intentionally left blank. KENT ^'^ Agenda Item: Other Business — 8A TO: City Council DATE: January 21, 2014 SUBJECT: Council Position No. 6 — Appointment Process MOTION: No motion at this time. SUMMARY: On January 16, 2014, Councilmember Ken Sharp announced his resignation of Council Position No. 6. Council President Dana Ralph will present the process to fill the position vacated by former councilmember Ken Sharp. EXHIBITS: RECOMMENDED BY: Council President Dana Ralph YEA: NAY: BUDGET IMPACTS: N/A This page intentionally left blank. KENT Agenda Item: Bids — 9A TO: City Council DATE: January 21, 2014 SUBJECT: Briscoe-Desimone Levee Improvements, Reaches 2 and 3 Bid - Award MOTION: Authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $6,709,555.56 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Briscoe-Desimone Levee is located along the east side of the Green River between S. 180th Street and S. 200th Street. The levee straddles the border between Kent and Tukwila providing flood protection for the Cities of Kent, Tukwila and Renton. Levee certification studies conducted in 2010 indicated that four areas of this levee require improvements to meet federal levee safety standards. Reaches 2 and 3 of this levee are located between S. 189th Street and S. 194th Street. Reaches 2 and 3 will be constructed first, followed by Reaches 1 and 4 in 2015. In 2011, the city, King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of District funds and assigned responsibility for design and construction of the project to the City of Kent. Bid opening for this project was held on January 16, 2014 with 10 bids received. The lowest responsible and responsive bid was submitted by Tapani, Inc. in the amount of $6,709,555.56. The Engineer's estimate was $8,452,467.11. The Public Works Director recommends awarding this contract to the low bidder. EXHIBITS: Memorandum, dated 1/16/2014 RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte, P.E., Public Works Director N.147 KENT Address: 220 Fourth Avenue S. bVPSAINO-0N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: January 17, 2014 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Briscoe-Desimone Levee Improvements Reaches 2 and 3 Bid opening for this project was held on Thursday, January 16, 2013 with 10 bids received. The lowest responsible and responsive bid was submitted by Tapani, Inc. in the amount of $6,709,555.56. The Engineer's estimate was $8,452,467.11. The Public Works Director recommends awarding this contract to Tapani, Inc. Bid Summary 01. Tapani, Inc. $6,709,555.56 02. IMCO General Construction $7,566,558.95 03. SB Structures, LLC $7,638,924.66 04. Rodarte Construction, Inc. $7,725,348.19 05. Quigg Brothers, Inc. $7,797,561.80 06. Icon Materials $8,266,699.22 07. Frank Coluccio Construction Company $8,323,214.36 08. Rognlin's, Inc. $8,347,257.89 09. Atkinson Construction $8,462,037.63 10. Tri State Construction, Inc. $9,231,146.20 Engineer's Estimate $8,452,467.11 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION CITY OF KENT City Council Meeting Agenda I�� mt U r rt j � r m January 21 , 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Dennis Higgins Deborah Ranniger Les Thomas s we CIFY CLERK y � This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT January 21, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5:30 p.m. Subiect Speaker Time Council Retreat Dates Council President Dana Ralph 5 min ICS 402 Training Dominic Marzano 5 min B&O Tax Amendments Robert Nachlinger 50 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 Jim Berrios B. Public Recognition 1. Kent Parks Foundation Donation 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent C. Community Events D. Introduction of new Arts Commission Appointee, Jennifer Treese E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Appointment to Arts Commission — Approve (Continued) COUNCIL MEETING AGENDA CONTINUED C. King County Solid Waste Division Waste Reduction & Recycling Grant — Approve D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant - Approve E. Contract with Olympic Environmental for 2014-15 Residential Recycling Collection Events - Approve F. SR 516 to S 231st Way Levee North Reach Improvements, Change Order No. 1 - Approve G. Central Avenue South Improvements Federal Grant - Accept H. Kent Interurban Trail Connector Project Grant - Accept I. South 224th Street Improvement, Phase 2 Transportation Improvement Board (TIB) Grant — Accept J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013-2015 Grant — Accept K. Ordinance Amending Kent City Code Chapter 9.02, Lewd Conduct — Adopt L. 2012 Vehicle Detector Loops Project Completion — Accept M. 2013 Thermo Plastic Markings Project Completion — Accept N. 2013 Vehicle Detector Loops Project Completion — Accept 0. Hawley Road Levee Improvements Phase I Project Completion — Accept P. Horseshoe Bend and Upper Russell Road Levee Plantings Project Completion — Accept 8. OTHER BUSINESS A. Council Position No. 6 — Appointment Process 9. BIDS A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 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. co m 0 n n < `< s a �. m m n M a s C co G ° j d vmi ° n' O d • � o ooi` 3a m m '^. a a m nm a no 0 a M d my m m mQ d O V,1 Z '-J' N W � m � 4j °'0 � � d 0 tt. nn Vl JO � Op_� am CO n m Q T` m T. 01 m a a � a ,01. � m °' s S • 0 m m m C m 0 ° S ° A. - O `G m m d 4 0 rt m J o m o _. rt < n m m o rt n m c m n n 4 rt M O �; a J J O _0 m '< d n • N m < O N R J p C ] N N C N O (l n -T` o m a < o rt m M. w, Ul m 01 m � n m m o m a m d a � a s a a m a 0 o N J � lIi J m n 7 N 7 G n m y F+ (7 In p� UI rt m N Dm O GG Q 0 n rt D O n Z V � 'O O m O Ul m N n OJ d N m O m OO CH W U N w m O J C O tt a 1 7 N • J 3 N ti n m n 0 G �Ip � v m c �• m U4 M m 2 V m O O � m 3 0 v 3 0 v i m a m 3 m O v 3 d O n s o o D o o m m a o o n ° D - o m s D D s m s m a cP m J Q m Q 3 o m a Q d m 3 ( 0 m o C rt 3 3 m 3 a C O a C1°. m W = d rt m a ° m0 aQ ° H am � 3 0aJnm33J '^ mnnZ � 01Jn mMC G 1 m J -n n n �' um n M -° a < m 1 n 01 m Q s 0 1 s :� 3 m n 1 D m a 01 0 1 m m m m m O r -°o m m m J = N m o = • � , d oJ • RD � QJ = a. xm art. =. 3 ' � S � 33n . m'< o � m a O !^. am ''�. -a Sn � � � c w � � N m m � � D aQo m3 0 � � a � m n � 6� m � � m � M v. o moms aJ � D ns ' � � mumJ � m ; .°o3 � C mn � rtn 03 m N S = 3 ``G J C m Z 3 m N N O n m ° O O N Z n °' 3 a 3 om W W C °� O S N vmi S O O 3 (' -M O m m m m C O d 1 O J n H Y Y j n m d m W d ° O -° d m 1D a 3 n o n s m m m a °- mG r .. d n 1° D aim -oo ,'� 37 Z; n n � nW m1mD ° " 3 � s � n ^ ON moon ° ° J °' Cm a - 3 m G a (D m 3 a 3 - m 3 , C 3 a - J 3 a (DC d J Q m ° � n m C m m _ 0 7 _ 3 3 C y 'm Ammo 3 0 o 'n a °- ,J'.o o_ D rt a m m S (D m m o m Q m m n � o m m _ oO M a m �O m e m c v m . O W'�° C 0 0 � 0 'a�' On � ^ 3 m J M m M 'm a a n n n P 3 m a ? m C a ? d c D D m: • 'm^ j 3m .. m � ' � 3Commn omm � ort3 m, sn m S J o d an (D J3 o3 m 3 a ° 0 o < d O d av - - 0m m -mo • y an d �a n o n � � a o J- n � '" 1° m m m m 3 I -O an d N d m m C O C W ` ``m n O " J m J d J N N m tt. o m U m m mo o o m d zo 0 a Ooa s O N m .r 30 O J N Jn m o n o ? DO a n C a m O J _. N M M c O C N S y n J m .� N S m 0 C n O O O_ J a m 10 _. N S m N .� - O This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Oath of Office, Councilmember Jim Berrios B) Public Recognition 1. Kent Parks Foundation Donation 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent C) Community Events D) Introduction of new Arts Commission Appointee, Jennifer Treese E) Public Safety Report F) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through E. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 7, 2014. This page intentionally left blank. KENT Kent City Council Meeting January 7, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Boyce, Higgins, Ralph, Ranniger, Sharp and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added item F to the Consent Calendar, an excused absence for Councilmember Berrios. B. From the Public. None. PUBLIC COMMUNICATIONS A. Oath of Office. City Clerk Ronald F. Moore swore in Suzanne Cooke as the Mayor, Dennis Higgins as Councilmember, Position 4, Ken Sharp as Councilmember Position 6, Karli Jorgensen as Municipal Court Judge Position 1 and Glenn Phillips as Municipal Court Judge Position 2. B. Council President Election. Councilmember Thomas moved to elect Councilmember Dana Ralph to the position of Council President, seconded by Council President Higgins. Councilmember Higgins spoke in support of the motion. A vote was taken on the motion on the table to elect Councilmember Dana Ralph as the Council President. Motion carried 6-0. Council President Dana Ralph thanked the Council for their electing her to the position and thanked former Council President Higgins for his work as past council president. She thanked the residents and stated she will be available for questions and concerns. She said her biggest goal is to ensure open communications between businesses, residents, staff and the Council. Mayor Cooke stated she is looking forward to working with Council President Ralph. C. Council Committee and Liaison Appointments. Council President Ralph made the following appointments: Economic and Community Development Committee Chair: Councilmember Boyce, Members: Councilmembers Higgins and Berrios Parks and Human Services Committee Chair: Councilmember Ranniger, Members: Councilmembers Higgins and Sharp Public Safety Committee Chair: Councilmember Berrios, Members: Council President Ralph and Councilmember Thomas Public Works Committee Kent City Council Minutes January 7, 2014 Chair: Councilmember Higgins, Members: Council President Ralph and Councilmember Sharp Operations Committee Chair: Councilmember Thomas, Members: Council President Ralph and Councilmember Boyce Council President Ralph also communicated additional appointments and named Councilmembers Boyce, Higgins, and Thomas to the Regional Fire Authority. She appointed Councilmember Boyce to the Lodging Tax Advisory Board, Councilmember Thomas to the Firemen's Relief and Pension Board, Councilmember Higgins to the Human Services Commission, and said she would represent the Council on the Arts Commission. D. Public Recognition. Mayor Cooke communicated that Mike Heinisch is the 2013 Kent Reporter, Kent Citizen of the Year. She stated that he knows everyone and is an avid baseball fan. Heinisch said he is honored to work for and with the City of Kent, the Kent Food Bank, and Kent Family and Youth Services. Mayor Cooke thanked SGT Robert Constant and his police traffic unit for coming out early and assisting drivers during the snow on the morning of December 19. Additionally, she communicated that a truck struck and knocked down a traffic signal pole on Kent Kangley early in the morning on December 18. She highlighted the ingenuity of two Public Works staff, Mike Sorenson, Senior Signal Traffic Technician and Jay Crisostomo, Traffic Technician. They cut, designed, and installed an interim traffic signal prior to the snow storm and commute that morning. Council President Ralph thanked Jay and Mike for their work in fixing the traffic signal. Council President Ralph wished a happy birthday to her son on his 14th birthday. E. Community Events. Councilmember Ranniger communicated that "YOU-ME-WE" will be on January 24 at the ShoWare Center. She discussed the various fun events for children and their families. Council President Ralph communicated that on January 24 at 7:30 p.m. the Arts Commission Spotlight Series is presenting the California Guitar Trio and the Montreal Guitar Trio at the Kent Meridian Performing Arts Center. Mayor Cooke communicated that the Kent School District Technology Expo is on Tuesday, January 14 from 6:00 - 8:30 p.m. at the ShoWare Center. F. Proclamation against Human Trafficking. Mayor Cooke read the proclamation, proclaimed January as Human Trafficking Awareness Month, and presented the proclamation to Lorna Rufner. Police Chief Ken Thomas communicated that the police department takes human trafficking seriously and stated that the FBI asked the Kent Police Department to assist in the Puget Sound effort against child exploitation in the region. He noted that Detective Dvorak is running that task force. Ms. Rufner thanked the Mayor and Council and highlighted her organization called the Southeast King 2 Kent City Council Minutes January 7, 2014 County Coalition Against Trafficking. She communicated their mission and when their meetings are. G. Introduction of new Arts Commission Appointee. Mayor Cooke introduced Elena Luna. Luna discussed why she wanted to be on the Arts Commission and be involved in the arts in Kent. She introduced her family to the audience. H. Intergovernmental Reports. Council President Ralph communicated that Regional Law Safety and Justice will meet in January to discuss implementation and how things are going with I-502. Councilmember Boyce communicated he will be attending the Sound Cities Association (SCA) Public Issues Committee (PIC) meeting on January 8 at 7:00 p.m. at Renton City Hall. Councilmember Higgins communicated that next Wednesday there are two Sound Cities Association meetings. He stated that he will be elected to the board of directors at the 10:00 am meeting next Wednesday, January 15 and there will also be a Regional Transit Committee meeting later that day. PUBLIC HEARINGS 1. Six-Month Mariivana Zoning and Business License Moratorium. Mayor Cooke communicated that on November 19 the Council adopted Ordinance No. 4094 that established a six-month marijuana zoning and business license moratorium prohibiting the establishment, location, operation, licensing, maintenance, or continuation of marijuana processors, producers, and retailers claiming authorization under Chapter 69.50 of the Revised Code of Washington or any other law of the State of Washington. She noted that state law requires that a public hearing be held on the moratorium within 60 days of adoption. She noted that the ordinance has already been adopted by the Council. She stated that the ordinance established that January 7, 2014 be the day for the public hearing. Acting City Attorney Pat Fitzpatrick communicated that this item has been before the Council several times. He noted that on June 5, 2012 the Council adopted an ordinance prohibiting medical marijuana and collective gardens. Back then, he stated the issue was surrounding whether medical marijuana, collective gardens, and dispensaries were legal businesses. With that, the Council passed zoning code policies prohibiting all of them. On November 6, 2012, the voters adopted Initiative 502 concerning recreational marijuana and it allowed for the possession of small amounts of recreational marijuana and created a system for manufacture, production, and retail sale of marijuana. He stated that the process is going on now where the Washington State Liquor Control Board has established a method for this, which includes where it can be produced and sold. He added that the state can issue up to three licenses for retail sale in Kent with no limitation on processing facilities. He continued that the only land use regulation is a 1,000 foot buffer to schools, churches, and parks, etc. In November, he said there was a proposal for a moratorium to deal with the ongoing conflict in federal and state law. Federal law communicates that marijuana in any form is illegal so until that changes the Council has made a policy decision that there will be no marijuana land 3 Kent City Council Minutes January 7, 2014 uses or businesses in Kent. He added that the moratorium was passed on November 19 and a public hearing needed to be heard within 60 days. He noted that the current moratorium expires on May 27, or earlier unless the Council adopts language for permanent zoning. He discussed local marijuana legislation and said Renton passed a moratorium on November 4, Covington hasn't addressed the issue of recreational marijuana but has passed their fourth six-month moratorium on medical marijuana, Auburn has passed a one-year moratorium on recreational marijuana in September 2013, Federal Way passed a one-year moratorium on November 5, 2013, and the City of SeaTac has permanent code language that states that marijuana usage is a federal offense. Tukwila, he said, has language that zones marijuana use in a small area on the border of Kent, but the land owners won't sell property to any retail marijuana operations. Councilmember Boyce verified that the liquor control board by law determined that Kent could have three retail licenses in the City. Fitzpatrick also communicated that the liquor control board hasn't determined if all of the businesses are viable, just that they have applied. He also added that the liquor control board hasn't determined where the manufacturing facilities can be, just that there is a limit on the number that the entire state can have. He said the purpose of the ordinance is to determine whether the City will or won't accept licenses through the state and be permitted in Kent. Councilmember Sharp asked for the marijuana status in Burien and Des Moines and Fitzpatrick replied he didn't know what those cities have done on this issue. Councilmember Higgins verified that the legal department is still measuring time spent on this issue. Council President Ralph moved to recommend the Mayor open the public hearing concerning a six-month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by Councilmember Higgins. Motion carried 6-0. A. Chris Kealy, Tacoma — Kealy stated that he has applied to be a producer/processor in Kent. He communicated that the license period opened on November 18 and ended on December 19 or 20. He said he inspected the list and based on his research there are two businesses that are in the running to really be producer/processors in Kent and that he isn't interested in the retail side. He communicated that his company intends to operate inside the state regulations on how processing plants are to be run. He stated that he has already leased 23,000 square feet in Tacoma and is building a building in Kent. Mayor Cooke verified that Mr. Kealy registered his business under the name "Spinning Heads, LLC." Councilmember Thomas communicated that the marijuana would be produced, processed, and it has to be sold retail somewhere. Kealy discussed prohibition and how it relates to marijuana. 4 Kent City Council Minutes January 7, 2014 Councilmember Higgins thanked Kealy for testifying and verified with him that he is spending $8 million and another $12 million to hire 102 people to work in the facility. Furthermore, he said he will have an estimated $10 million in expenditures every year in Kent if his facility opens. Councilmember Higgins confirmed that there would be no odor or signage on Kealy's property. Kealy also said that there would be eight trucks a day going in and out of the facility and 102 employees coming and going from work. Councilmember Higgins inquired about the revenues from a producer/processor to a city. Kealy replied that cities aren't getting a sufficient cut on the revenues from these. He stated that the revenues to a city would be less than $100,000. Councilmember Higgins verified that his Tacoma facility is 23,000 square feet and only has 40 employees. He said it is a backup plan if the facility in Kent isn't built. Kealy communicated that Tacoma understood I-502 and allocated areas in Tacoma where producers could setup. Kealy verified to Councilmember Thomas that there would be 102 employees at his facility in Kent. Councilmember Sharp inquired about security issues. Kealy replied that he has a military-based driver group to drive armored cars so the product is secure. He said there is a gate at the front of the property and intruders will be met with resistance. He noted that they aren't talking about weapons, but electronic-based intrusion mechanisms. He stated that he would ask for assistance from the police department if his facility is approved. Mayor Cooke verified the address of the proposed facility. Council President Ralph inquired about the vulnerability of the business and Kealy communicated that most vulnerability occurs when the product is being moved. Councilmember Thomas communicated that the address is close to the church and school. Kealy replied that they are far enough away from both. Councilmember Thomas communicated that if they produce it and process it, it has to be sold retail somewhere in the public. B. Christine Masse, Seattle — Masse introduced herself as the personal and business attorney for Kealy. She communicated that she wants the option to allow this use under the Kent City Code to remain open. She said Kent has a chance to be a leader in this and offered herself and Mr. Kealy to work with the City staff to come up with creative options. She also stated that she would be interested in assisting the city in getting some of the revenues into the city. Mayor Cooke noted that Des Moines has approved the retail sale of marijuana. 5 Kent City Council Minutes January 7, 2014 Councilmember Higgins inquired about Masse and her work with Tacoma and she communicated that operations in Tacoma are up and running. This, she said, is an opportunity for Kent to regulate and make this legal and begin to move out those who are doing this illegally. Councilmember Higgins also verified with Masse that Seattle has banned marijuana sales in areas zoned as historical. She added that finding a 1,000 foot buffer is an issue in Seattle and there is a zoning plan. Councilmember Higgins thanked her for her input and felt the City will have to deal with it in a regulatory fashion sooner rather than later. C. Steve Manzanares, Kent — Manzanares communicated that he has applied for a grower/processor license. He communicated that in a 10,000 foot grow operation you would generate $361,000 in cannabis. He said there are a lot of tax revenues to be generated out of this. He stated that Kent wouldn't even know where the grows were if they were allowed. He stated that security wouldn't even be an issue. He stated that if this gets adopted there would be a switch in the economics and law enforcement where law enforcement would only have to deal with hard drugs. He stated there is revenue there and before it is judged the Council should investigate. He added that the City would obtain $30,000, five times a year in sales tax revenues. Mayor Cooke verified that Mr. Manzanares registered his business under the name "Organic Cannibis Coalition." There was discussion about sales tax revenues and Acting City Attorney Fitzpatrick communicated that the City doesn't get any sales tax revenues, just a small amount of B&O tax revenue. Council President Ralph moved to close the public hearing concerning a six- month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by CM Thomas. Motion carried 6-0. PUBLIC COMMENT A. Gwen Allen-Carston, Kent — Allen-Carston discussed Kent Black Action Commission (KBAC). She thanked the police department, Council, and Mayor for their service. She discussed an event called "Barbershop Talks" for African-American men. She communicated that the core of the community is men and thanked the City of Kent for they do. Councilmember Ranniger verified that the event is on January 18 from 3:00 to 7:00 p.m. at the Senior Center. CONSENT CALENDAR 6 Kent City Council Minutes January 7, 2014 Council President Ralph moved to approve Consent Calendar Items A through F, seconded by Councilmember Thomas. The motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of December 10, 2013. B. Appointment of Arts Commissioner Elena Luna - Confirm. Mayor Cooke confirmed the appointment of Elena Luna to the Kent Arts Commission. C. LifeWise Assurance Company Contract for Individual and Aggregate Stop Loss Coverage - Authorize. The Mayor was authorized to sign the 2014 LifeWise Assurance Company renewal contract for individual and aggregate stop loss coverage, subject to terms and conditions acceptable to human resources and the city attorney. D. Group Health Cooperative Contract for Insured HMO Plan - Authorize. The Mayor was authorized to sign the 2014 Group Health Cooperative contract for the City's insured HMO plan, subject to terms and conditions acceptable to human resources and the city attorney. E. Delta Dental of Washington Administrative Services Contract for Self- Insured Dental Program - Authorize. The Mayor was authorized to sign the 2014 Administrative Services contract with Delta Dental of Washington for the City's self- insured dental program, subject to terms and conditions acceptable to human resources and the city attorney. ADDED ITEM F. Excused Absence. An excused absence for Councilmember Berrios who was unable to attend the January 7, 2014 council meeting was approved. OTHER BUSINESS None BIDS There were no bids. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. No report from Council President Ralph nor Councilmember Higgins. B. Mayor. Mayor Cooke thanked the Boeing employees for the "yes" vote and stated that it ensures the first and second 777x would be built here. She added that there are over 50 Boeing suppliers based in Kent. She said recruiting will begin for the chief administrative officer position. She applauded Brubaker for the work he has done and said she hopes he applies for the position and will strongly request that an outside firm be used for the recruitment process. 7 Kent City Council Minutes January 7, 2014 C. Administration. Tom Brubaker, Interim Chief Administrative Officer announced there would be ten minute executive session concerning potential litigation as authorized per RCW 42.30.110(1)(i). D. Economic & Community Development Committee. Councilmember Boyce communicated that there will be a meeting on Tuesday. E. Operations Committee. Councilmember Thomas indicated that the report was in the minutes. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting was January 16. G. Public Safety Committee. Council President Ralph confirmed that the meeting time of the Public Safety Committee meeting will remain the same for now. H. Public Works Committee. Councilmember Higgins communicated that a $5 million grant was accepted at the Public Works Committee meeting for the 228th project from the State Transportation Improvement Board (TIB). He communicated that the corridor has received a great deal of funds and connects with the 509 corridor. He noted that this project is in the forefront as far as funding for this quarter. I. Regional Fire Authority. Councilmember Thomas reported that the Regional Fire Authority has a meeting on January 15 at 5:00 p.m. EXECUTIVE SESSION At 8:41 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for ten minutes to discuss potential litigation, per RCW 42.30.110 (1)(i). At 8:50 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:53 p.m. Ronald F. Moore, MMC City Clerk 8 40. KF14 Agenda Item: Consent Calendar — 7B TO: City Council DATE: January 21, 2014 SUBJECT: Appointment to Arts Commission — Confirm MOTION: Confirm the Mayor's appointment of Jennifer Treese to the Kent Arts Commission. SUMMARY: Confirm the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. Jennifer Treese made application for appointment to the Kent Arts Commission to fill a vacant four year term. Jennifer's love of arts and history began over a decade ago, and since then she has been part of informal science and historical craft education for both children and adults. Jennifer was actively involved with the technical crew for small theater productions during her high school and college school years. Jennifer is as an aerospace engineer and recently completed her certificate in project management. She believes that science, art, and history enrich our lives and looks forward to serving our community on the Arts Commission. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. KENT ° Agenda Item: Consent Calendar - 7C TO: City Council DATE: January 21, 2014 SUBJECT: King County Solid Waste Division Waste Reduction & Recycling Grant - Accept MOTION: Authorize the Mayor to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The King County Waste Reduction and Recycling grant is used to fund three Special Recycling and Collection Events for residents and businesses for the collection of hard-to-recycle materials, including appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete, and tires. The grant also funds activities and events associated with the Business Recycling Program, the Multi-Family Recycling Program, the purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels, as well as the Christmas Tree Collection and Recycling program co-sponsored by Parks and the Boy Scout organization. EXHIBITS: Interagency Agreement for 2014 with King County RECOMMENDED BY: Public Works Committee YEA: Sharp, Ralph, Higgins NAY: BUDGET IMPACTS: The City will receive $89,835 in 2014. No match is required. This page intentionally left blank. 7 CONTRACT 45637583 INTERAGENCY AGREEMENT FOR 2014 i Between KING COUNTY and the CITY OF KENT This one-year Interagency Agreement"Agreement'is executed between King County, a Charter County and political subdivision of the State of Washington,and the City of Kent, a municipal corporation of the State of Washington,hereinafter referred to as "County' and "City' respectively. Collectively, the County and City will be referred to as"Party' or"Parties." PREAMBLE King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and,services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. L PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. 1 8 IL RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A, The total amount of funds available from this grant in 2014 shall not exceed$89,835. 2. This Agreement provides for distribution of 2014 grant funds to the City. However, 2014 funds are not available until January 1, 2014, and 2014 funding is contingent upon King County Council approval of the 2014 King County budget. The County shall notify the City in writing of the funding status. 3. During this one-year grant program, the City will submit a minimum of one, but no more than four, progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement,prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of four(4)progress reports and requests for reimbursement during the one-year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2015. If the City chooses to submit the minimum of one progress report and request for reimbursement during the one-year grant program, it shall be due to the County by March 31, 2015. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5"'working day of January 2015, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work,but no later than June 30, 2015. 2 9 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County,the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process, 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex,religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory,mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. i 8. During the performance of this Agreement, neither the City nor any Party,subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination, These laws include, but are not limited to,RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County,to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six(6) years after termination hereof unless penrtission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40,14. These accounts shall be subject to inspection, review or audit by the Comity and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2017. 3 10 12. The City agrees to credit King County on all printed materials provided by the County,which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or"text provided courtesy of King County Solid Waste Division." i 13, The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced;provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process. 17. This project shall be administered by Gina Hungerford, Conservation Specialist; 220 4th Ave. South; Kent, WA 98032-5895; TEL - (253) 856-5549; FAX—(253) 856-6500; Email— gh�=erfordO.ci.kent.wa.us, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant finding to $10,000 per year. 4 11 2. The City of Kent`s budgeted grant funds for 2014 are $89,835. Unspent 2014 funds will not carry over to 2015. 3. Within forty-five (45) days of receiving a request for reimbursement from the City,the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or "text provided courtesy of the City of Kent." 5. The County retains the right to share the written material(s)produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager of the King County Solid Waste Division. II1. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2014 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2014 and shall terminate on June 30, 2015. The City shall not incur any new charges after December 31, 2014. However, if execution by either Party does not occur until after January 1, 2014,this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2014 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 11. A of the Agreement. 5 12 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds;and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1)the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2)the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations,terns and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND IINDEMNIF'ICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits,penalties, losses, damages, or costs of any kind whatsoever(hereinafter "claims") brought against the County arising out of or incident to the City's execution of,performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report,film,tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade narme, and/or otherwise results in unfair trade practice. 6 13 VIL INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be$1,000,000 general liability insurance combined single limit per occurrence for bodily injury,personal injury, and property damage. If the policy has an aggregate limit, a$2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C,unless Section VII.B, applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached C to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority(WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. III. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVEI3ABILITV If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 i 14 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Ms. Gina Hungerford, Conservation Specialist City of Kent 220 4th Ave. South Dent, WA 98032-5895 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City King County BY (Title) Pat D.McLaughlin,Director Solid Waste Division I For Dow Constantine,King County Executive Date Date ft 15 Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent 2014 Scope of Work A. Basic Information 1. City of Kent 2. Grant project manager: Gina Hungerford Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - (253) 856-5549 FAX- (253) 856-6500 Email—ghwigerford@kentwa.gov 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle; WA 9811.6 TEL - (206) 938-8262 FAX- (206) 938-9873 Email—pauldevine@msn.com 4. 2014 Budget: $89,835.00 B. Scope of Work Task One; Recycling Collection Events A. Schedule—Events will be held in March, .Tune, and October, 2014 B. Task Activities © Total Number of Recycling Collection Event—Three ® Appliances • Refrigerators and Preezersd- • Ferrous Metals a Non-ferrous Metals • Concrete, Asphalt, Rock, and Brick"" N Tires+ • Mattresses+ Styrofoam 1 i i 16 • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Bulky Yard Debris* • Scrap Wood* *Collected in the spring (March and June) ** Collected in the fall (October) +User fees may apply. • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • By distributing a promotional flyer through direct mailings. • By notices in City newsletters (whenever possible). • By posting a bulletin at City Hall and on the City cable channel (if available), K-Hold, and Facebook. • By publicizing the event through the King County Solid Waste Division Promotional Activities. C) Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2014 volumes and vehicles with prior year's events. 2 17 D) Task Budget: $20,500.00 ISUdgert category Citz Staff Costs 1,500.00 1,500.00 3,000.00 6,000.00 ConwactoriblaTting Costs Lvent star uosts Collection/Hadhi Costs Wood Was Scrap a lances, etc. Toilet/Sink Collection $1 000.00 $0.00 $500.00 $1 500.00 ec ion r one an o se on Concrete $1,000.00 $0.00 $1,600.00 $2,600.00 vapor Shredding gyres attreses $1,600.00 $0.00 2,000.00 3,500.00 j yro oam se i t1treezeletc. Batteries 0.00 2,000.00 0.00 2,000..00 r n mg ai ing von u [as Other Ex enses -rentals,etc 2,000.OD 2,357.32 1,000.00 5,357.32 NOTE:Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. E) Task Performance Objectives: The City plans to send out approximately 47,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 250-300 tons of material from the local waste stream per year. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. F) Task Impact Objectives: By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has a.population of approximately 119,000. The City expects, based on past events, that 3,100-3,500 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 250-300 tons of material diverted from the local waste stream for recycling each year. In addition to diverting iaterials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs. The educational materials can enhance the luiowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. 3 I 18 Task Two: Business Recycling Program A) Task Schedule: 2014 B) Task Activities: Through continued recycling assistance to businesses, the City will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. The City will also work with the Kent School District to promote school recycling programs. Program Activities: 1)Kent Business Information Prepare, print, and coordinate distribution of a Kent Business Recycling Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses two times a year. 2)Kent Business Assistance j To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition; the City will provide assistance to City businesses on an on-call basis. 3) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement the Kent Green Business of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. 4 19 C) Task Budget: $32,400.00 NBusiness e a egory Cost Total ses era and Gra hits $1 500.00 1 500.OD sts $1,600.00 1,600.00 mg costs , tance To include: Educational material dis n u ion Business consultationsreports $1500.00 $1500.00 Follow-up calls to businesses $1,000.00 $1,000.00 Program Promotion Business Reco nition Program Planninglimplemention 2,000.00 $2,000.00 rogram Promotion Other Costs $700.00 $700.00 Business Web Site Web Site Assistance Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. . D) Task Performance Objectives: 1) The Kent Business Recycling Newsletter will be sent to all Kent businesses two times a year. With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream. 2) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention. Consultant staff will include the information as requested in the King County business database. Summary program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; .the number of businesses receiving information; and the number of businesses beginning or expanding recycling activities. 3) Kent Green Business of the Year Award will provide Kent businesses with motivation to recycle by recognizing Kent businesses that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. E) Task Impact Objectives: By providing information, web site assistance, technical assistance, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has an employee population of approximately 62,000. In addition to diverting materials from 5 20 the City waste stream, providing information to Kent business provides an opportunity to distribute educational material on City and King County recycling programs. The technical assistance, web site assistance, recognition, educational materials can enhance .the knowledge of business and improve behavior in the purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A) Task Schedule: 2014 B) Task Activities: The task will include promoting waste reduction, participation in Kent multifamily residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers. The City will: • Distribute multifamily educational brochures through direct mailings, City events; and door-to-door delivery. • Distribute multifamily signs for use at multifamily complexes for proper recycling of materials. • Providing on-site waste consultations and follow-up assistance. • Distribute multifamily educational brochures in Spanish and Russian(if available) through direct mailings, Recycling City events, and door-to-door delivery. C)Task Budget: $12,500.00 a i ami y u get a egory 2014 o a rovi a ssrs ance an o ow-up e , s e ss s ante s eo ram romotion The business program will be funded with use of Icing County WRR grant funds. Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and 6 21 convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. E) Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost/Worm Bin Distribution A) Task Schedule: Spring, 2014 B) Task Activities: a Total Number of Compost/Worm Bin Sales — 1-2. The City may distribute bins at the second spring event if stock remains. s Task Description - The City will implement two backyard compost bin distribution events in conjunction with Kent Recycling Collection Events. The City will: • Distribute subsidized backyard compost/worm bins and educational materials on grasseycling and backyard composting to Kent residents. Residents will be charged a user fee for bins of$25.00. ® Promote the program through the City of Kent website and event flyers. ® Purchase and distribute approximately 120 worm bins. The City has approximately 100 compost bins in storage for distribution in 2014. C) Task Budget: $6,100.00 ESTIMATE® COSTS 2014 2014 Total City Staff Cost $800.00 $800.00 Administration and t1upplies . orage ana Delivery Consultant and Contractor Services $3,000.00 $3,000.00 Wonrr Sills $2,500.00 $2,500.00 sttrna a to Inc®me a , Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Composting extends the life of landfills and reduces stress on local composting facilities. This program should result in greater resource efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials in their gardens. 7 22 E)Task Impact Objectives: As a result of the bin sales,the City of Kent will: ® Reduce the residential waste stream by up an estimated 100 tons of yard debris annually or 1,000 tons in the next ten years. ® The City will monitor the program by reporting the following: -Number of compost/worm bins distributed. -The estimated amount of compostable material diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational materials on City recycling programs and yard debris reduction programs in King County. The educational materials can enhance the knowledge of residents and improve behavior in purchasing products, practices, and disposal of yard debris. Task Five: Purchase Products Made From Recycled Materials A)Task Schedule: 2014 i B)Task Activities: f In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycle content rain barrels and other items for distribution. The rain barrels weight approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced. The City will sell the rain barrels at City Recycling Collection Events in 2014. The City will sell the bins for$30-$35 each. C) Task Budget: $6,835.00 i Recycled Product Purchase 2014 2014 Total City Staff $600.00 $600.00 Consultant and Contractor Services $3,200.00 $3,200.00 MITEu Mar Tems minis f ra f son an upp fees- _ Estimated Barrel Income w$4,500.00 $4,500.00 TOTAL. $6,835.00 L $6,835.00 D) Task Performance and Impact Objectives: The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials. By purchasing products made from recycled content, the City will divert recyclable material from the waste stream. The City 8 I 23 will distribute the rain barrels to.City residents to help promote recycled products. The City will promote the rain barrel sale in the City Recycling. Collection Event flyer. The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain barrels will continue to conserve water resources for many years. Task Six: Christmas Tree Collection and Recycling A) Task Schedule: Winter, 2014 B) Task Activities: e Task Description - The City will provide collection of Christmas trees in the City for residents just after the Christmas holiday. The City plans to provide City residents with four to six tree collection days. The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers. • Recycle collected trees C) Task Budget: $8,000.00 ESTIMATED COSTS 2014 2014 Total Supplies/equipment $6,500.00 $6,600.00 rolec a ong oa D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill. This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station. E) Task Impact Objectives: As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: Number of Christmas trees collected. -The estimated amount of material diverted from the waste stream. 9 24 Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER will ® Track project expenses; ® Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work; ® Prepare reports for the grant program; and • Prepare final report. Task Budget: $3,500.00 King. County WRR Grant 2014 2014Total 1. Program Management $2,100.00 $2,100.00 2. Project Expenses a. Mileage $550.00 $550.00 b. Supplies $850.00 $850.00 TOTAL $3,500.00 $3,500.00 10 • Nl. KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: January 21, 2014 SUBJECT: Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant - Accept MOTION: Authorize the Mayor to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Seattle-King County Health Department's Local Hazardous Waste Management Program Grant is an annual grant to help cities protect public health and the environment from toxics and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents and local businesses, as described in the attached Grant Agreement's Scope of Work. Hazardous items collected at the events include: Refrigerators and freezers, used oil, antifreeze and other petroleum products, as well as batteries. In addition, the grant pays for some staffing and printing and mailing costs associated with the events. EXHIBITS: 2014 Community Services Contract with King County RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $32,278.87. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts. This page intentionally left blank. 27 Public Health A Seattle & King County King County Contract# EHS3311 Federal Taxpayer ID # 91-1355875 Federal Sub-recipient - No This form is available in alternate formats for people with disabilities upon request. 2014 COMMUNITY SERVICES CONTRACT WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION THIS CONTRACT is entered into by KING COUNTY (the "County'), and City of Kent (the "Contractor'), whose address is 220 4th Ave. S,Kent,Washington,98032-5895 . The County department overseeing the work to be performed in this Contract is the Seattle-King County Department of Public Health (aka, Public Health - Seattle & King County, "PHSKC") Contract Summary PHSKC Division: Environmental Health Project Title: Local Hazardous Waste Management Program Contract Amount: Thirty Two Thousand Two Hundred Seventy Eight Dollars and Eighty Seven Cents Contract Start Date: 01/01/2014Contract End Date: 12/31/2014 Fund Source Information FEDERAL: $ 0 COUNTY: $32,278.87 STATE: $ 0 OTHER: $ 0 Specific Funding Details (Award number, CFDA# Amounts, Effective Dates) 1) Local Hazardous Waste Management Program Funding WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2014 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: I IncoKporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Program Exhibits and Requirements ® Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Invoice Exhibit D: Contractor's Certificate of Insurance and Additional Insured Endorsement II Term and Termination A This Contract shall commence on 1/1/2014 8:00:00 AM, and shall terminate on 12/31/2014 8:00:00 AM, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Contract# EHS3311 Page# 1 of 9 28 B This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the suspension. C The County may terminate or suspend this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection ILC. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection ILA., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Compensation and Method of Payment A The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit which complies with the attached Budget Exhibit. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The Contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers Contract# EHS3311 rage## 2 of 9 29 among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference hftp:/Iwww.gsa.gov for the current host city per diem rates. 3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of federal grant must be in accordance with the Fly America Act. IV Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted government accounting standards (GAGAS). V Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV, below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application Forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such Contract# EH83311 Page # 3 of 9 30 i visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kingeounty.gov/healthservices/health/partnerships/contracts VIII Audits A If the Contractor is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination/audit conducted by the Washington State Auditor has been completed. B Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be Contract# EHS3311 Page # 4 of 9 31 insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers,employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, Contract# EHS3311 Page# 5 of 9 32 constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XII Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and provide required insurance documentation prior to the signing of this Agreement. XIII Assinnment/Subcontractinci A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies. C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, XI, XII, XIII, XIV, XV, XVI, and XVII,XVIII, XXIV, XXV, XXVI, XXVII, and the Funder's Special Terms and Conditions, if attached, in every subcontract that relates to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV Nondiscrimination and Euual Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants Contract# EHS3311 Page # 6 of 9 33 and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. I B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI Equipment Purchase, Maintenance, and Ownership A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. i XVII Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material w article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited Contract 4 EHS3311 Page# 7 of 9 34 None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper and both sides of sheet of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. XX Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire ContractMaiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVIIContractor Certification Contract# ENS3311 Page# 8 of 9 35 By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY CONTRACTOR j FOR King County Executive Signature Date Name (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Contract# EHS3311 Page# 9 of 9 36 EXHIBIT A SCOPE OF WORK CITY OF KENT I/l/2014-12/31/2014 j Background The Local Hazardous Waste Management Plan (hereafter refereed to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RC W 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). i The purpose of this Exhibit is to define the relationship associated with the Program's funding of j City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize three citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters,petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Programs Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Fund Manager: a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. EHS3311—City of Kent 1 37 3. The City shall notify the Fund Manager no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent, at(253) 856-5549, (ghungerford a)kentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Director for resolution. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley Madelaine Yuri LHWMP Program Director LHWMP Fund Manager EHS3311—City of Kent 2 38 150 Nickerson Street, Suite 204 150 Nickerson Street, Suite 204 Seattle WA 98109 Seattle WA 98109 206-352-8163 206-352-7128 lyndaranslevnakiu c� ounty. oy rnadelaine. kingcountygov Paul Shallow LH W MP Contract Administrator Seattle, WA 98104 206-263-8487 paul.shallowkkingcounty.gov III i EHS3311—City of Kent 3 39 EXHHIIT B 2014 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description Budget Household Hazardous Waste Education Household Hazardous Waste Collection $32,278.87 TOTAL $32,278.87 i i EHS3311 —City of Kent 40 EXHIBIT C 2014 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: City of Kent 220 Fourth Ave. S Kent, WA 98032 To: Madelaine You, Fund Manager Local Hazardous Waste Management Program in Icing County Seattle-King County Department of Public Health 150 Nickerson St., Suite 204 Seattle, WA 98109 Contract#EHS3311 Period of time: 2014 to ,2014. { In performance of a signed Contract between King County and the City of Kent, I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Budget Current Expenses Previous Charges Balance Description Household Hazardous Waste Education Household Hazardous $32,278.87 Waste Collection I TOTAL $32,278.87 i For Health Department Use Only FOR HEALTH DEPARTMENT USE ONLY Oracle Purchase Order#- Invoice Date Invoice# Amount to be paid Oracle Requisition# Oracle Receipt# Oracle CPA# Local Hazardous Waste Management Program Approval: Madelaine Yun IHW-NR-0100 Date EHS3311 —City of Kent KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: January 21, 2014 SUBJECT: Contract with Olympic Environmental Resources for 2014-2015 Residential Recycling Collection Events - Authorize MOTION: Authorize the Mayor to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Olympic Environmental Resources will provide assistance with the implementation of the city of Kent's Waste Reduction and Recycling Programs, including the spring, summer, and fall special recycling and collection events, outreach for business and multi-family waste reduction and recycling programs, rain barrel and compost bin sales and education to benefit the citizens and businesses of Kent. These programs provide a cost savings to Kent's residents and businesses. EXHIBITS: Olympic Environmental Scope of Work RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. This page intentionally left blank. 43 2014/15 Proposed Scope of Work City of Kent 2014/15 Residential Recycling Collection Events, Bin and Barrel Sales, Business Recycling Program Outreach, School Program Outreach, Multifamily Residential Recycling Program Outreach, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (The Contractor) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevine@msn.com SUB CONTRACTOR Wilder Environmental Consulting PO Box 46188 Seattle, WA 98146 Phone: (206) 949-1787 Email: swilder@wilderenvironmental.com TASK 1: Residential Recycling Collection Events In 2014 and 2015 the Contractor will organize six citywide collection and recycling events in the City of Kent. The events will be held in March, June, and October. A) Materials to be collected and recycled: • Appliances+ • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* • Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Motor Oil • Motor Oil Filters 44 • Antifreeze • Petroleum Based Products • Paper Shredding** • Electronic/Computer Equipment/Cell Phones • Mattresses+ • Styrofoam • Car Seats +User fees may apply or the City may cover all user fees. *Collected in the spring ** Collected in the fall B) The following educational materials will be distributed at the events: • Information on City of Kent waste reduction and recycling programs • Information on the Local Hazardous Waste Management Programs Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county-sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. The Contractor reserves the right to refuse oversized, commercial, or contaminated loads. Event Promotion Event promotion will be accomplished in the following ways: • Distribution of a promotional flyer through direct mailings • Articles in the City newsletter publicizing events • Publicizing the events through the King County Solid Waste Division • Publicizing the events on the City's cable channel and website Proiect Evaluation The following measures will be used to evaluate the completion and success of the events: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Comparison of 2014/15 volumes and vehicles with prior year's events Timeline Tentative Event Dates— March,June, and October, 2014/15 January/April/August 2014/15 Event planning Work with City on finalizing event date Schedule vendor services February/ April/September 2014/15 Schedule vendor services Work with City on event flyer Coordinate with granting agencies on approval of the flyer 2 45 March/June/October 2014/15 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/July/November 2014/15 Prepare project reports Assist City in grant reimbursement process TASK 2: Spring Compost Bin,Worm Bin, and Rain Barrel Sale The Contractor will organize a two or more compost bin, worm bin, and rain barrel sale at the direction of the City. The events will be held in March and if needed in June. The Contractor will bundle other City clients and solicit bids for the compost bins, worm bins, and rain barrels. The Contractor will arrange to have the bins and barrels delivered to the City Shops. The Contractor will implement one or more sales accompanied by educational outreach/technical assistance on backyard composting, vermicomposting, and rain barrel use. If the bins and barrels don't all sell at the March event an additional sale may be held at the June Recycling Collection Event. The sale/s will be advertised in the Recycling Collection Event flyers sent to all Kent households. The Contractor will sell the bins for $25 each and the rain barrels for $30 each or more as directed by the City. Each bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. The worm bins and rain barrels will include instructions on proper set-up and use. TASK 3: Business and School Recycling Outreach The Contractor will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial and school sector in 2014 and 2015. Program Activities: 1) Kent Business Recycling Printed outreach The contractor will work with the City to determine up to 2 methods of printed outreach to the business sector during 2014/15. This could include newsletters, postcards or ad space in local papers or chamber newsletters. 2) Kent Business and School Assistance To provide recycling assistance to Kent businesses and schools, the Contractor will deliver a Business Recycling Tool Kit to all Kent businesses expressing interest.The Contractor will provide assistance to City businesses on an on-call basis. The Contractor will track assistance to City businesses as required by King County. The Contractor staff will promote the website www.kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. School assistance in 2014/15 will build on the success of past years and will expand wherever possible. 3 46 3) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle, The Contractor will manage the Kent Green Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled-content products. As feasible, the Contractor will promote the winners, and other outstanding applicants programs as examples for other Kent businesses to model. 4) Business Website Assistance In 2014/15, the Contractor will respond to inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. 5) Other outreach activities, as requested and as budget allows TASK 4: Residential Recycling Program Outreach The Contractor will promote waste reduction and enhanced recycling programs through the following program efforts with residents and property owners and managers: • Distribute City outreach materials: through direct mailings, City events, property manager outreach and door-to-door delivery • Provide on-site waste consultations and follow-up assistance • Respond to inquiries from residential communities • Work with City contracted haulers to promote recycling programs • Other outreach activities, as requested and as budget allows Proiect Goals and Obiectives • Promote residential participation in Kent recycling services • Promote cost-effective handling of the residential waste stream • Promote the purchase of recycled products to the residential sector • Promote use of www.KentRecycles.com. Proiect Evaluation The Contractor will monitor the success of the program by reporting the following: • Number of educational materials distributed • Number of residential communities that received technical assistance • Increase in the number of residential buildings participating in collection service of recyclables TASK 5: Grant Administration The Contractor will work with the City to provide grant administration and project reports for this Scope of Work. The Contractor will: • Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work • Prepare reports for the grant program funding reimbursement • Prepare final reports as required by recycling program grants 4 47 Olympic Environmental Resources will be the prime contractor on this project and will subcontract a portion (Tasks 3 and 4) to Wilder Environmental Consulting. Olympic Environmental Resources and Wilder Environmental Consulting are available to implement additional projects at the direction of the City. 5 This page intentionally left blank. N 9 0 z, m " o4 � � agd .. � G Ro a "° •, � 5 � � � � 9 '� c a 9 � � 5 =. c c o '� o 5 ;. B lw 5 P a � 5 Q a a � gs000 bssa Pos � s sogggoo oo s s . 00s . n ee eg ggggo oggo ' 8 c � O o T z � z v g ggo g sg gggo g sgg _ ao c s gss s � � 000 � �� a Pos � s � sogggoo � oo � � s � � � s � ooc go gg ggggo oggo - A This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: January 21, 2014 SUBJECT: Change Order with SCI, LLC for SR 516 to S 231't Way Levee North Reach Improvements - Approve MOTION: Authorize the approval of Change Order No. 1 to SCI Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Construction on the Russell Road Upper North Reach began last summer and was substantially complete by the end of November, 2013. The project involves construction of a secondary levee near the Marina Pointe portion of the Lakes residential development. The work is required to meet federal levee safety standards for levee certification and eventually FEMA accreditation. This is the first levee project constructed by the City that will be entirely paid for by the King County Flood Control District. The work was completed through an Interlocal Agreement with a funding limit of $1.5 million. The interlocal agreement was not authorized by the King County Flood Control District until July 17, 2013, which gave the project a late start. The original construction contract was awarded to SCI Infrastructure for $583,462.54 and most of the levee was completed by late September, 2013. During our record rainfall event on September 28, areas along the landward side of the levee eroded and needed to be repaired. Erosion control measures were installed at the time; however, due to the timing of the storm the damage was significant. While assessing needed repairs, it was determined that areas of the levee required more work than anticipated. Those areas were repaired. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The total project costs, including this change order, are within the $1.5 million budgeted for the project through funds from the King County Flood Control District. Accordingly the project is well within budget. With this change order included, total project costs are approximately $1.0 million. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: January 21, 2014 SUBJECT: Central Avenue South Improvements Federal Grant - Accept MOTION: Authorize the Mayor to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The pavement along South Central Avenue between Willis Street and the South Central bridge has numerous cracks, rutting and patches, and is in need of repair or replacement. Because of the progressed deterioration of Central Avenue, this arterial requires more of a reconstruction than a simple overlay and will require appreciable design work including relocation of utilities before the road project can be advertised for bids. The road overlay itself will cost over $2 million. The future reconstruction project will repair failing pavement sections and provide a full-width overlay of the roadway. The Public Works Department competed for and was awarded a $300,000 federal grant through the Puget Sound Regional Council for the design phase of the Central Avenue South Pavement Preservation Project. This funding will allow the City to complete the design and permitting phases of this critically needed improvement and will make this project more competitive for possible future federal grant funding opportunities. EXHIBITS: Local Agency Agreement LA-8224 RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $300,000 of federal funding. The local match for this grant is 13.5% or $40,500. Funding for the local match could come from B&O Tax receipts, and would be needed as design progresses. This page intentionally left blank. i 53 �S�B6��t�9'� StateTransportation Building 310 Maple Park Avenue S.F. ® Department of Transportation P.O.Box 47300 Olympia,WA 98504-7300 Lynn Peterson 360.705-7000 Secretary of Transportation TTY:1-800-883-6388 www.wsdot.wa.gov August 9, 2013 Mr. Tim LaPorte Public Works Director City of Kent 220 Fourth Avenue South AUG 1. 3 2Q13 Kent, Washington 98032-5838 City of Dent CITY OF KENT Central Avenue South ENGINEERNG Pavement Preservation STPUL-1071(006) FUND AUTHORIZATION Wp Dear Mr. LaPorte: i We have received FHWA fund authorization, effective August 5,2013, for this project as follows: PRASE TOTAL FEDERAL SHARE Preliminary Engineering $347,821 $300,000 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-8224 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction,any expended federal funds must be repaid. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. L cerely F l`�' Stephanie Tax Manager, Program Management Highways&Local Programs ST:jg:ac Enclosure cc! Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121 54 washingtstate partment®e Yransgiaortation L Leah Agency Agreement ,e Agency City of Kent CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 220 -4th Ave. S. Project No. �i� 6' Kent, Washington 98032 Agreement No. � < For OSC WSDOT Use ON The Local Agency laving complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars-A-102, and A-133, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State,-subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Central Avenue South Pavement Preservation Length 0.73 miles Termini From Willis Street to South 262nd Street(Alder Lane) Description of Work This project will remove and rehabilitate the existing roadway pavement surface to add service life to the roadway between Willis St. and S. 262nd Street/Alder Lane. The project includes removal and replacement of failing pavement sections and a full-width asphalt concrete overlay of the entire roadway. . Estimate of Funding Type of Work ) ( Estimated Total Estimated t Agency Estimated Project Funds Funds Federal Funds PE a.A enc 346 821.00 46 821.00 300 000.00 86.5 % b.Other c. Other Federal Aid d. State Participation 1,000.00 1,000.00 Ratio for PE e. Total PE Cost Estimate a+b+c+d 347 821.00 47 821.00 300 000.00 Right of Way f.A enc % . Other h. Other Federal Aid Participation 1. State Ratio for RW Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other Federal Aid -State Participation Ratio for CN g.Total CN Cost Estimate k+I+m+n+o+ r.Total Project Cost Estimate a+'+ 347,821.001 47 821.00 300 000.00 Agency Icl'f Washington State De artment of T ansportation By By a�J7__ Title pirectnr of��+P��nhlic Director of Highways and Local Programs Date Executed j DOT Form 140-039 EF Revised 09/2011 55 Construction Method of Finanentg (check Method Selected) State Ad and Award ❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑ Method B-Withhold from pas tax the Agency's share of total construction cost(line 4,column 2)in the amount of $ at$ per month for months. Local Force or Local Ad and Award ® Method C-Aoencv cost incurred with Dartial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on Resolution/Ordinance No. Provisions 1. Scope of Work The Agency shall provide all the work, labor,materials, and services necessary to perform the project which is described and set forth in detail in the"Project Description"and"Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. 11. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Govemment by the administration of this project.The Agency agrees that the State shall have the full'authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract,the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls .and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable titres and shall be retained and made available for such inspection for a period of nct less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1.Preliminary engineering. 2.Right of way acquisition. _ 3.Project construction. In the event that right of way acquisition, or actual construction of the road,for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of Management and Budget circulars A-102 and A-133.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. DOT Form 140-039 EF Revised 09/2011 2 56 The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal.aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR 225 - Cost Principles for State,Local, and Indian Tribal Government, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C—The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate,not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project.Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit,the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation(see Section IX). Vlll. Single Audit Act The Agency,as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work,project cancellation,overpayment, cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals,or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will,at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits,whether at law or equity brought against the Agency,State,or Federal Government,arising from the Agency's execution, DOT Form 140.039 EF Revised 0912011 3 57 performance,or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U. S.C.3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CPR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be, bound by the above equal opportunity clause with respect to its own employment practices when it Participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local Government,the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules,regulations,and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpartD of the Executive Order. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel,terminate,or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston County. DOT Form 140-039 EF Revised 09/2011 4 58 XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. - (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan,or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file,the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Additional Provisions DOT Form 140-039 EF Revised 09/2011 5 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: January 21, 2014 SUBJECT: Kent Interurban Trail Connector Project Grant - Accept MOTION: Authorize the Mayor to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent was awarded $727,500 through a direct appropriation from the Washington State Department of Commerce. This funding will allow the City to complete the design and construction of a bicycle connection between West Valley Highway and the Interurban Trail. The project entails the design and construction of a shared travel path along the south side of South 228th Street from the Interurban Trail, west to 68th Avenue South (West Valley Highway), approximately 1,800 feet in length. In addition to providing connection as part of the City's system of trails to bike lanes, it will provide a link between residential and office areas around 228th Street with the downtown commercial area. EXHIBITS: Letter dated August 19, 2013 from the Department of Commerce RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $727,500 of state funding. This page intentionally left blank. 61 OTAt STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE a PO Box 42525> Olympia, Washington 98504-2525 m (360)725.4000 August 19, 2013 N1r•. Kurt Hanson City of Kent 400 West Gowe Kent, WA 98032 Dear Mr. Hanson: Congratulations! Governor Inslee recently signed the 2013-2015 State Capital Budget,which includes an appropriation of$750,000.00 for the Kent Interurban Trail Connector project. The Department of Commerce,which will administer the project,will retain three percent(up to a maximum of$50,000)to cover our direct administrative costs, Accordingly, your net grant award will be $727,500.00. Prior to receiving funds,your organization will need to fulfill the following requirements: ® Provide documentation of your organization's financial ability to complete the project. All funds from sources other than the state must be expended, raised,, or secured by documented pledges or loans. ® Any property relevant to the project must be owned or secured by a long-term lease that remains in effect for a minimum of ten years following the final payment date. A lien on owned property is also required when receiving grants over$250,000. ® Prevailing wages must be paid for all construction labor costs incurred as of July 1, 2013. ® Possible review by the Washington State Department of Archaeology and Historic Preservation, Your project may need to comply with the state's green buildings standards (RCW 39.35D). Please fill out the enclosed Contract Readiness Survey and return it at your earliest convenience, Upon receipt, we will email you a comprehensive set of contracting guidelines to assist you with the contracting process. If you have any questions or need additional information,please contact Beth.Prihoda at (360)725-5001, Sincerely, �—� uw Diane Klont , Assistant Director Community Services and Housing Division Enclosure This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: January 21, 2014 SUBJECT: Washington State Transportation Improvement Board (TIB) Grant for South 224th Street Improvement, Phase 2 - Accept MOTION: Authorize the Mayor to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: For the second year in a row the Public Works Department competed for and was successful in receiving a $5,000,000 grant from the Washington State Transportation Improvement Board for the City's South 224th Street Improvement Project. This year's award is for Phase 2 of the project, which will construct a 3-lane roadway between 88th Avenue South and 94th Place South, and a new bridge over Garrison Creek. Last year the City received $5,000,000 for Phase 1 of this project, which will connect the east and west sides of SR 167 with a new bridge. The future Phase 3 of the project will complete the 3 lane roadway up to the Benson Highway. This new roadway will be roughly 1.8 miles long, and will include curbs, gutters and sidewalks, a two—way left turn lane, planted center medians where possible, roadside planter strips, street lighting, undergrounding of overhead electrical facilities and storm water management facilities. It is being requested that the TIB combine Phases 1 and 2 into a single project for more efficient and cost effective project administration, design and construction. EXHIBITS: Map RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City's matching share for this grant will be paid out of Local Improvement District No. 363 payments and storm drainage funds. We also anticipate utilizing B&O funds as needed for pavement replacement and Transportation Impact fees as they become available following the SE 256th Street project. This page intentionally left blank. Y Y( ^� r ,d„ �J jf ». .,. NC7ORT�{,... i 70 Project Location SCALE ` In in V� i 'b� j ,,, I N516 �ll.l`wl f,' i .a� )J llr 16 SiS i. 1f cc g6° r x d'i6 ,, 167 , xhf ✓3"i p r�� � ,,, step �' P 6,..fi _. ^ Slie Tdl� aw� ,��. I ii r �r i 212 St a� 1 �, '"�' ,x' �Phase III' mot" niiri ire i�ar i[[S manm,✓irn •^erin/�.�l..iiial iiiii i/,1'y 6 ...,.. , ^ •»..... °wmE+�'r'. Phase III; �n rn'!; n .... , . Owl .», 1 I�PdA U i U ...,. » aye ,k Ls7ro�e..,..... ir<y�� ir Phase I n �� r ggIlb J� ),�/,�� z 1J 50 N �Op`r�a-.Skr4�rul r :�• ., 4r, .. . e.,.. l j/ t U . ". On r4 � � ,e yff � .�rt• Soulth 224th / 228th Street NORTH sw M 0 556Faet Corridor Extension Project I EMT This page intentionally left blank. KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: January 21, 2014 SUBJECT: Washington Auto Theft Prevention Authority (WATPA) PATROL Task Force 2013-2015 Grant - Accept MOTION: Authorize the Mayor to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. SUMMARY: The biennium Washington Auto Theft Prevention Authority (WATPA) grant was awarded to Prevent Auto Theft through the Regional Operational Links (PATROL) Task Force. The grant was submitted by the Federal Way Police Department, and the Kent Police Department will be the fiscal manager for the funds. The PATROL Task Force is comprised of South King County law enforcement agencies, the King County Prosecutor's Office, and two North Pierce County police agencies. This $74,983 grant funds additional police salaries and personnel benefits. EXHIBITS: WATPA award letter to Federal Way, dated November 1, 2013 and grant program award sheet; Agreement between Federal Way police and WATPA; Initial WATPA award letter to Federal Way, dated July 15, 2013 and grant program award sheet RECOMMENDED BY: Public Safety Committee YEA: Ralph, Thomas, Berrios NAY: BUDGET IMPACTS: The funds are awarded on a reimbursement basis, so there is not budget impact. This page intentionally left blank. WASHIN N AUTO THEFT PREVENTION AUTHORITY WASHING I ON ASSOCIAI ION OP SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE,Suite 101 —Lacey,W A 98516—Phone:(360)292-7900--Fax:(360)292-7269—Website:httpU/watlm.waspe,org "Preventing and reducing motor vehicle thefts in the State of Washington. " 'fpwlintnmki.o llaA PRmgb�Au9!InYp November 1, 2013 Chief Brian Wilson Federal Way Police Department 33325 8thAve. S Federal Way, WA 98003 Dear Chief Wilson: The Washington Auto Theft Prevention Authority (WATPA) Board of Directors recently reviewed your request to revisit the original grant funding regarding the King County Prosecuting Attorney (KCPA) salary/benefits that was part of the Federal Way Police Department's (PATROL) grant request for the 2013-1015 biennium. The board recently approved $74,983.00 in additional salary and benefits for the KCPA position. l nclosed is an amended award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Agencies are reimbursed for actual expenses only up to the limit of the award categories. After October 15, 2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. If you have any questions, please contact me at 360-292-7959 or via e-mail at mpainter rdwaspe.org. Sincerely,, Michael Painter, Executive Director Washington Auto Theft Prevention Authority mn.dunxv,n Aum TheJi Prel rnno„ Amhudly JOIN RA1181E EMIL DAMMEL HARVEY WESDAL KEN HOBENBERG RICK SCOTT '. Chid WASImr Parrot hwon,,,Mdn.nry Shrr(Q--CbngGuCn ly Chfef ![rune.WA 5'h erlf/-Grays nnrbor JOIN MARTIN MITCR BARKER DAN'SATERRERO BOB LFT MERLE FFIEFRR G,,m1Nihhc F.,wh,Dbmlw-WAW Pnn,wiig A.,oruey-Km,Comy (h,,f-Auhwn PonomobNr frrdunih MICHAEL.PAINTER Gx ,d,rOb mro, IYATPA AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENHON GRANT PROGRAM AWARD SHEET AAYIt IV DED I, Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way, WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013 —06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO THEFT PREVENTION AUTHORITY 7. Amount Approved: 8. Service Area: $1,689,083.00 King/Pierce Counties 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1 ,263,613.00 206,485.00 1 ,087,580.00 B. Employee Benefits 548,176.00 62,371 .00 464,127.00 Overtime (not to exceed 2% C. of grant request) 39,450.00 0.00.. ........... D. Consultants/Contracts 7,400 00 0.00 4,000.00 E Travelffraining 29,175,00 500.00 20,000.00 _. __._.... _ _..... ..... 1. F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.00 0.00 H. Public Outreach 16,000.00 0.00 16,000.00 FINAL 1,986,944.00 2.91,356.00 1,689,083.00 II AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THF,FT PREVENTION GRANT PROGRAM AWARD SHEET IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, mid in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. WATPA RECIPIENT i Name/ Michael Painter Name/ Title WATPA, Executive Director Title , '-;'. I J.G-4/lvkj Ch,z/ Date: - -- Date: i i WASHINGTON AUTO TIIEFr PREVENTION AUTHORITY WASIIINGTON ASSOCIATION OF SHERIFFS AND POLICC CHIEFS 3060 Willamette Drive NE,Suite 10l—Lacey,WA 98516_Phone:(360)292-7900--Pax:(360)292-7269--Weleate:http://",atpa.waspe.org "Preventing and reducing motor vehicle thefts in the State of i'Vashington." p,,ILas rgmnA bTholl Pre¢IiwnA I rll i "SIltfl�gRmFlIronmp July 15, 2013 Chief Brian Wilson Federal Way Police Department 33325 8th Ave. S Federal Way, WA 98003 Dear Chief Wilson: I I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of Directors has approved the Federal Way Police Department's grant application for funding the PATROL task force for the July 1, 2013-June 30, 2015 biennium in the amount of $1,614,100.00. Please know that the WATPA Board has discontinued funding of bait car programs. Enclosed is an award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. WATPA funds cannot be reimbursed until the signed agreement is received, Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up to the limit of the award categories. All grant applicants are required to submit a non-supplanting declaration to WATPA before funding requests will be processed. After October 15,2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. An updated quarterly report will be available on the WATPA website after September 15,2013. If you have any questions,please contact me at 360-292-7959 or via e-mail at mpainter<@wasDc.orc. Sincerely, Michael Painter, Executive Director Washington Auto Theft Prevention Authority IPeeshLrg/nn.InMTN ll Prercnllnn ' ,Orthod(y JOIIN DATISTE EAIIL DAMAIEL HARVEY G.IESDAL KEN HOHENRERG RICKSCOTT Chl,f IPA Slam&.l lrLurnnre 1"halry S llff Dolglnr Comny Chlef.Ken.....kk 5'h,,Iff Grille Hnrbar VACANT AI ITCH HARKER DANFA'I'TERRERG BOB I,CE MERIX PFIF,FER Genernl Puhlla tGeowlvc lJlrenar-H'ANYC I'rarcWIll All,",,,-Khl0,wrr Ghby-AN""l A. by,1.1u1, MICHAEL PAINTER Rrannhx DUeemr-IATPA AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THEFT PREVENTION GRANT PROGRAMAWARD SHF,ET 1. Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way,WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013—06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO TI3EFT PREVENTION AUTHORITY 7. Amount Approved: 8. Service Area: $1,614,100.00 King/Pierce Counties i 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1,263,613.00 206,485.00 1 ,032,432.00 B. Employee Benefits 548,176.00 62,371 .00 444,292.00 Overtime (not to exceed 2% C. of grant request) _ 39,450.00 0.00 28,946.00 D. Consultants/Contracts 7,400.00 _ 0.00 4,000.00 i E. Travel/Training 29,175.00 500.00 20,000.00 F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.00 0.00 H. Public Outreach 16,000.00 0.00 16,000.00 FIN 986,944.00 291,356.00 1,614,100.00 This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: January 21, 2014 SUBJECT: Ordinance Amending Kent City Code Chapter 9.02 to Establish Lewd Conduct - Adopt MOTION: Adopt ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. SUMMARY: Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. This ordinance will protect the public health, safety and welfare. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee YEA: Ralph, Thomas, Berrios NAY: BUDGET IMPACTS: N/A This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. RECITALS A. Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. B. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. C. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult 1 Amend KCC 9.02 Lewd Conduct Ordinance entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. D. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. E. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. F. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and 2 Amend KCC 9.02 Lewd Conduct Ordinance which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. G. This ordinance will protect the public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Chapter 9.02 of the Kent City Code is hereby amended by adding new sections 9.02.295, 9.02.296 and 9.02.297 as follows: Sec. 9.02.295 Definitions. The following words and phrases, wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300 and 9.02.310, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A. Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constitution. B. Known prostitute, a person known to patronize prostitutes, or a person known to advance prostitution means a person who within one (1) year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been convicted of an offense of 3 Amend KCC 9.02 Lewd Conduct Ordinance prostitution, patronizing a prostitute, prostitution loitering, permitting prostitution, or promoting prostitution whether or not such conviction occurs under the Revised Code of Washington or comparable laws of municipalities in the state of Washington. C. Patronizing a prostitute shall have the same meaning as set forth in RCW 9A.88.110 as now enacted or later amended or recodified. D. Prostitution means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange of any item or service, or promise, but does not include sexual conduct engaged in as part of any stage performance, play, or other lawful and properly licensed entertainment open to the public. E. Public place means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment or sell product, and the windows, doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age. F. Public place provided or set apart for nudity means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose 4 Amend KCC 9.02 Lewd Conduct Ordinance membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home. G. Sexual conduct shall mean "sexual intercourse" or "sexual contact" as defined in RCW 9A.44.010 as currently enacted or later amended or recodified. H. Walking or otherwise conducting oneself in a sexual manner shall mean the swaying of hips, drawing attention to one's buttocks, legs, or breasts, grabbing oneself in the genitals or breasts, blowing kisses, or using one's body or any part thereof to simulate sexual conduct. Sec. 9.02.296. Lewd conduct A. A person is guilty of lewd conduct if, in a public place and under circumstances where such conduct is likely to be observed by a member of the public, the person intentionally: (1) Exposes any of his or her body parts without a full and opaque covering: (a) Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft; (b) Any part of the areola or nipple of the female breast; or (c) More than one-half of the part of the female breast located below the top of the areola; 5 Amend KCC 9.02 Lewd Conduct Ordinance (2) Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered; (3) Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed with the intention of sexual arousal or one's self of others; (4) Masturbates; or (5) Engages in sexual intercourse or sexual contact as those terms are defined in chapter 9A.44 RCW. B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section. C. This section shall not be construed to prohibit: (1) The act of breastfeeding or expressing breast milk; (2) Classes, seminars, and lectures held for serious scientific or educational purposes; (3) Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in chapter 5.10 KCC or other law; (4) Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to chapter 5.10 KCC; 6 Amend KCC 9.02 Lewd Conduct Ordinance (5) Conduct of licensed employees working in adult businesses operating pursuant to chapter 5.10 KCC, provided the conduct is not exposed to a person under 18 years of age; or (6) Conduct of a child under 10 years of age. D. Lewd conduct is a misdemeanor. Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.296. Facilitating lewd conduct is a misdemeanor. SECTION 2. — Amendment. Sections 9.02.300 and 9.02.310 of the Kent City Code are hereby amended as follows: Sec. 9.02.300. Prostitution Loitering A. A person is guilty of prostitution loitering if he or she a publ+e plaEe and intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute. B. Among the circumstances which may be considered in determining whether the actor intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she: 1. Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation; 7 Amend KCC 9.02 Lewd Conduct Ordinance 2. Repeatedly stops or attempts to stop occupants of a motor vehicle or motorcycle by hailing, waiving, or beckoning to the occupants using words or conduct, or attempts to obtain the attention of the occupants by walking or otherwise conducting oneself in a sexual manner; 3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts, or attempts to stop pedestrians; 4. Circles or repeatedly returns to an area known by the police as an area of prostitution; 5. Is a known prostitute, a person known to patronize prostitutes, or a person known to promote, permit, or advance prostitution; 6. Inquires whether another is a police officer, searches for articles that would identify a police officer, or exposes his or her genitals or her breasts, or requests the other to touch his or her genitals or her breasts to prove that the other is not a police officer; or 7. Utilizes internet websites, publications or social media including but not limited to Backpage.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to commit the crime of prostitution or patronizing a prostitute. G. As used On this seEtmen: ieE0Cf ..doffTC d T1Cr 8 Amend KCC 9.02 Lewd Conduct Ordinance / / / geneFal and buildings epen te the C. The crime of prostitution loitering may be deemed to have been committed either at the physical location where the loitering occurred or at the location where the person agrees to meet someone they solicit for acts of prostitution as defined in RCW 9A.88. ieE'OC ..doffTC d TCr 9 Amend KCC 9.02 Lewd Conduct Ordinance 6. Walking or etherivise conducting oneself in a sewuai manner shall n9ean the swaying of hops, dFawing attention to one's buttedEs, legs, OF DE. Prostitution loitering is a misdemeanor. Sec. 9.02.310. Stay out of areas of prostitution orders. A. Findings. The high risk prostitution areas set forth in subsection (E) of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the city of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash, human waste, and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) of this section suffer a much higher incidence of prostitution-related crimes than other areas of the city B. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent municipal court to anyone charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pre-trial release. 10 Amend KCC 9.02 Lewd Conduct Ordinance C. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation. D. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. E. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas": 1. Pacific Highway South from the south side of South 272nd Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 3. South 240th Street from the 2700 block through the 3200 block, including all adjacent businesses. 4. Central Avenue North/84th Avenue South from Novak Lane to South 222nd Street, including all adjacent businesses. 11 Amend KCC 9.02 Lewd Conduct Ordinance 5. 83rd Avenue South from South 228th Street to South 224th Street, including all adjacent businesses. F. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, signifying that he or she has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's attorney appeared in person before the court. G. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Ch. 9.02 KCC and will subject the violator to arrest." H. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. I. Pursuant to Section 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) of this section are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting 12 Amend KCC 9.02 Lewd Conduct Ordinance travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs. SECTION 3. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY 13 Amend KCC 9.02 Lewd Conduct Ordinance PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Lew Conduct Prostitution.Docx 14 Amend KCC 9.02 Lewd Conduct Ordinance This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7L TO: City Council DATE: January 21, 2014 SUBJECT: 2012 Vehicle Detector Loops Project Completion - Accept MOTION: Accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: The 2012 Loop Replacement Project replaced damaged induction loops to improve traffic signal functionality at 24 signal locations. The original contract amount was $125,134.68. The final contract amount was $107,700.86. This project is now complete and ready for acceptance by the City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7M TO: City Council DATE: January 21, 2014 SUBJECT: 2013 Thermo Plastic Markings Project Completion - Accept MOTION: Accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: Crosswalks, railroad crossings, stop bars, and high occupancy vehicle (HOV) roadway markings are all done with thermoplastic material. Application of thermoplastic is dependent on good weather, so it is normally limited to the months of July through September. Public Works Operations crews have historically applied these markings and will continue to apply markings as time allows. However, they did not have available resources during the application window to meet the work load. Therefore, several locations (predominately within the valley), were identified to be included as part of a contracted thermoplastic project. This project consisted of installing 2,600 feet of plastic stop lines, 13,800 square feet of plastic crosswalk lines, and 56 each of plastic carpool lane symbols and 52 each of plastic railroad crossing symbols. The original contract amount was $226,510.00. The final contract amount was $211,519.50. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: Contract will be paid from Business & Occupation tax revenue. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7N TO: City Council DATE: January 21, 2014 SUBJECT: 2013 Vehicle Detector Loops Project Completion - Accept MOTION: Accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. SUMMARY: The project consisted of re-installing 99 traffic loops that were inoperable at various locations in the City. Loop reconstruction is necessary to provide more efficient traffic signal operations. The original contract amount was $125,532.50. The final contract amount was $100,846.78. This contract is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 70 TO: City Council DATE: January 21, 2014 SUBJECT: Hawley Road Levee Improvements Phase I Project Completion - Accept MOTION: Accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of constructing approximately 835 linear feet of levee including raising the existing Hawley Road, adjusting existing utilities, detention pond excavation and other miscellaneous work related to reconstruction and certification of the Hawley Road Levee. Phase II of this project is currently under construction and will be completed later this spring. The original contract amount was $543,926.51. The final contract amount was $397,356.95. Phase I is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded through a combination of a state grant, and City drainage funds. The state grant reimbursed the City roughly $900,000 for the costs of the Conditional Letter of Map Revision incurred after July 1, 2011 and all design and construction costs for the same time period through June 30, 2013. This item did not have to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7P TO: City Council DATE: January 21, 2014 SUBJECT: Horseshoe Bend and Upper Russell Road Levee Plantings Project Completion - Accept MOTION: Accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of the installation of approximately 15,600 native plants in a stream buffer, wetland, new stream channel and live stake planting area. The plants varied from trees in five gallon size containers to herbaceous plugs. This work was required to provide mitigation for impacts caused by the City's secondary levee construction projects. The original contract amount was $87,472.62. The final contract amount was $94,865.81. This project is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: The Horseshoe Bend portion of the project was paid out of the $10,000,000 State Grant. The Upper Russell Road portion of the project was paid for out of the City's stormwater utility. This item did not need to be brought to Committee. This page intentionally left blank. KENT ^'^ Agenda Item: Other Business — 8A TO: City Council DATE: January 21, 2014 SUBJECT: Council Position No. 6 — Appointment Process MOTION: No motion at this time. SUMMARY: On January 16, 2014, Councilmember Ken Sharp announced his resignation of Council Position No. 6. Council President Dana Ralph will present the process to fill the position vacated by former councilmember Ken Sharp. EXHIBITS: RECOMMENDED BY: Council President Dana Ralph YEA: NAY: BUDGET IMPACTS: N/A This page intentionally left blank. KENT Agenda Item: Bids — 9A TO: City Council DATE: January 21, 2014 SUBJECT: Briscoe-Desimone Levee Improvements, Reaches 2 and 3 Bid - Award MOTION: Authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $6,709,555.56 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Briscoe-Desimone Levee is located along the east side of the Green River between S. 180th Street and S. 200th Street. The levee straddles the border between Kent and Tukwila providing flood protection for the Cities of Kent, Tukwila and Renton. Levee certification studies conducted in 2010 indicated that four areas of this levee require improvements to meet federal levee safety standards. Reaches 2 and 3 of this levee are located between S. 189th Street and S. 194th Street. Reaches 2 and 3 will be constructed first, followed by Reaches 1 and 4 in 2015. In 2011, the city, King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of District funds and assigned responsibility for design and construction of the project to the City of Kent. Bid opening for this project was held on January 16, 2014 with 10 bids received. The lowest responsible and responsive bid was submitted by Tapani, Inc. in the amount of $6,709,555.56. The Engineer's estimate was $8,452,467.11. The Public Works Director recommends awarding this contract to the low bidder. EXHIBITS: Memorandum, dated 1/16/2014 RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte, P.E., Public Works Director N.147 KENT Address: 220 Fourth Avenue S. bVPSAINO-0N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: January 17, 2014 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Briscoe-Desimone Levee Improvements Reaches 2 and 3 Bid opening for this project was held on Thursday, January 16, 2013 with 10 bids received. The lowest responsible and responsive bid was submitted by Tapani, Inc. in the amount of $6,709,555.56. The Engineer's estimate was $8,452,467.11. The Public Works Director recommends awarding this contract to Tapani, Inc. Bid Summary 01. Tapani, Inc. $6,709,555.56 02. IMCO General Construction $7,566,558.95 03. SB Structures, LLC $7,638,924.66 04. Rodarte Construction, Inc. $7,725,348.19 05. Quigg Brothers, Inc. $7,797,561.80 06. Icon Materials $8,266,699.22 07. Frank Coluccio Construction Company $8,323,214.36 08. Rognlin's, Inc. $8,347,257.89 09. Atkinson Construction $8,462,037.63 10. Tri State Construction, Inc. $9,231,146.20 Engineer's Estimate $8,452,467.11 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION CITY OF KENT City Council Meeting Agenda I�� mt U r rt j � r m January 21 , 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Dennis Higgins Deborah Ranniger Les Thomas s we CIFY CLERK y � This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT January 21, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5:30 p.m. Subiect Speaker Time Council Retreat Dates Council President Dana Ralph 5 min ICS 402 Training Dominic Marzano 5 min B&O Tax Amendments Robert Nachlinger 50 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 Jim Berrios B. Public Recognition 1. Kent Parks Foundation Donation 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent C. Community Events D. Introduction of new Arts Commission Appointee, Jennifer Treese E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Appointment to Arts Commission — Approve (Continued) COUNCIL MEETING AGENDA CONTINUED C. King County Solid Waste Division Waste Reduction & Recycling Grant — Approve D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant - Approve E. Contract with Olympic Environmental for 2014-15 Residential Recycling Collection Events - Approve F. SR 516 to S 231st Way Levee North Reach Improvements, Change Order No. 1 - Approve G. Central Avenue South Improvements Federal Grant - Accept H. Kent Interurban Trail Connector Project Grant - Accept I. South 224th Street Improvement, Phase 2 Transportation Improvement Board (TIB) Grant — Accept J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013-2015 Grant — Accept K. Ordinance Amending Kent City Code Chapter 9.02, Lewd Conduct — Adopt L. 2012 Vehicle Detector Loops Project Completion — Accept M. 2013 Thermo Plastic Markings Project Completion — Accept N. 2013 Vehicle Detector Loops Project Completion — Accept 0. Hawley Road Levee Improvements Phase I Project Completion — Accept P. Horseshoe Bend and Upper Russell Road Levee Plantings Project Completion — Accept 8. OTHER BUSINESS A. Council Position No. 6 — Appointment Process 9. BIDS A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 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. co m 0 n n < `< s a �. m m n M a s C co G ° j d vmi ° n' O d • � o ooi` 3a m m '^. a a m nm a no 0 a M d my m m mQ d O V,1 Z '-J' N W � m � 4j °'0 � � d 0 tt. nn Vl JO � Op_� am CO n m Q T` m T. 01 m a a � a ,01. � m °' s S • 0 m m m C m 0 ° S ° A. - O `G m m d 4 0 rt m J o m o _. rt < n m m o rt n m c m n n 4 rt M O �; a J J O _0 m '< d n • N m < O N R J p C ] N N C N O (l n -T` o m a < o rt m M. w, Ul m 01 m � n m m o m a m d a � a s a a m a 0 o N J � lIi J m n 7 N 7 G n m y F+ (7 In p� UI rt m N Dm O GG Q 0 n rt D O n Z V � 'O O m O Ul m N n OJ d N m O m OO CH W U N w m O J C O tt a 1 7 N • J 3 N ti n m n 0 G �Ip � v m c �• m U4 M m 2 V m O O � m 3 0 v 3 0 v i m a m 3 m O v 3 d O n s o o D o o m m a o o n ° D - o m s D D s m s m a cP m J Q m Q 3 o m a Q d m 3 ( 0 m o C rt 3 3 m 3 a C O a C1°. m W = d rt m a ° m0 aQ ° H am � 3 0aJnm33J '^ mnnZ � 01Jn mMC G 1 m J -n n n �' um n M -° a < m 1 n 01 m Q s 0 1 s :� 3 m n 1 D m a 01 0 1 m m m m m O r -°o m m m J = N m o = • � , d oJ • RD � QJ = a. xm art. =. 3 ' � S � 33n . m'< o � m a O !^. am ''�. -a Sn � � � c w � � N m m � � D aQo m3 0 � � a � m n � 6� m � � m � M v. o moms aJ � D ns ' � � mumJ � m ; .°o3 � C mn � rtn 03 m N S = 3 ``G J C m Z 3 m N N O n m ° O O N Z n °' 3 a 3 om W W C °� O S N vmi S O O 3 (' -M O m m m m C O d 1 O J n H Y Y j n m d m W d ° O -° d m 1D a 3 n o n s m m m a °- mG r .. d n 1° D aim -oo ,'� 37 Z; n n � nW m1mD ° " 3 � s � n ^ ON moon ° ° J °' Cm a - 3 m G a (D m 3 a 3 - m 3 , C 3 a - J 3 a (DC d J Q m ° � n m C m m _ 0 7 _ 3 3 C y 'm Ammo 3 0 o 'n a °- ,J'.o o_ D rt a m m S (D m m o m Q m m n � o m m _ oO M a m �O m e m c v m . O W'�° C 0 0 � 0 'a�' On � ^ 3 m J M m M 'm a a n n n P 3 m a ? m C a ? d c D D m: • 'm^ j 3m .. m � ' � 3Commn omm � ort3 m, sn m S J o d an (D J3 o3 m 3 a ° 0 o < d O d av - - 0m m -mo • y an d �a n o n � � a o J- n � '" 1° m m m m 3 I -O an d N d m m C O C W ` ``m n O " J m J d J N N m tt. o m U m m mo o o m d zo 0 a Ooa s O N m .r 30 O J N Jn m o n o ? DO a n C a m O J _. N M M c O C N S y n J m .� N S m 0 C n O O O_ J a m 10 _. N S m N .� - O This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Oath of Office, Councilmember Jim Berrios B) Public Recognition 1. Kent Parks Foundation Donation 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent C) Community Events D) Introduction of new Arts Commission Appointee, Jennifer Treese E) Public Safety Report F) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through E. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 7, 2014. This page intentionally left blank. KENT Kent City Council Meeting January 7, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Boyce, Higgins, Ralph, Ranniger, Sharp and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added item F to the Consent Calendar, an excused absence for Councilmember Berrios. B. From the Public. None. PUBLIC COMMUNICATIONS A. Oath of Office. City Clerk Ronald F. Moore swore in Suzanne Cooke as the Mayor, Dennis Higgins as Councilmember, Position 4, Ken Sharp as Councilmember Position 6, Karli Jorgensen as Municipal Court Judge Position 1 and Glenn Phillips as Municipal Court Judge Position 2. B. Council President Election. Councilmember Thomas moved to elect Councilmember Dana Ralph to the position of Council President, seconded by Council President Higgins. Councilmember Higgins spoke in support of the motion. A vote was taken on the motion on the table to elect Councilmember Dana Ralph as the Council President. Motion carried 6-0. Council President Dana Ralph thanked the Council for their electing her to the position and thanked former Council President Higgins for his work as past council president. She thanked the residents and stated she will be available for questions and concerns. She said her biggest goal is to ensure open communications between businesses, residents, staff and the Council. Mayor Cooke stated she is looking forward to working with Council President Ralph. C. Council Committee and Liaison Appointments. Council President Ralph made the following appointments: Economic and Community Development Committee Chair: Councilmember Boyce, Members: Councilmembers Higgins and Berrios Parks and Human Services Committee Chair: Councilmember Ranniger, Members: Councilmembers Higgins and Sharp Public Safety Committee Chair: Councilmember Berrios, Members: Council President Ralph and Councilmember Thomas Public Works Committee Kent City Council Minutes January 7, 2014 Chair: Councilmember Higgins, Members: Council President Ralph and Councilmember Sharp Operations Committee Chair: Councilmember Thomas, Members: Council President Ralph and Councilmember Boyce Council President Ralph also communicated additional appointments and named Councilmembers Boyce, Higgins, and Thomas to the Regional Fire Authority. She appointed Councilmember Boyce to the Lodging Tax Advisory Board, Councilmember Thomas to the Firemen's Relief and Pension Board, Councilmember Higgins to the Human Services Commission, and said she would represent the Council on the Arts Commission. D. Public Recognition. Mayor Cooke communicated that Mike Heinisch is the 2013 Kent Reporter, Kent Citizen of the Year. She stated that he knows everyone and is an avid baseball fan. Heinisch said he is honored to work for and with the City of Kent, the Kent Food Bank, and Kent Family and Youth Services. Mayor Cooke thanked SGT Robert Constant and his police traffic unit for coming out early and assisting drivers during the snow on the morning of December 19. Additionally, she communicated that a truck struck and knocked down a traffic signal pole on Kent Kangley early in the morning on December 18. She highlighted the ingenuity of two Public Works staff, Mike Sorenson, Senior Signal Traffic Technician and Jay Crisostomo, Traffic Technician. They cut, designed, and installed an interim traffic signal prior to the snow storm and commute that morning. Council President Ralph thanked Jay and Mike for their work in fixing the traffic signal. Council President Ralph wished a happy birthday to her son on his 14th birthday. E. Community Events. Councilmember Ranniger communicated that "YOU-ME-WE" will be on January 24 at the ShoWare Center. She discussed the various fun events for children and their families. Council President Ralph communicated that on January 24 at 7:30 p.m. the Arts Commission Spotlight Series is presenting the California Guitar Trio and the Montreal Guitar Trio at the Kent Meridian Performing Arts Center. Mayor Cooke communicated that the Kent School District Technology Expo is on Tuesday, January 14 from 6:00 - 8:30 p.m. at the ShoWare Center. F. Proclamation against Human Trafficking. Mayor Cooke read the proclamation, proclaimed January as Human Trafficking Awareness Month, and presented the proclamation to Lorna Rufner. Police Chief Ken Thomas communicated that the police department takes human trafficking seriously and stated that the FBI asked the Kent Police Department to assist in the Puget Sound effort against child exploitation in the region. He noted that Detective Dvorak is running that task force. Ms. Rufner thanked the Mayor and Council and highlighted her organization called the Southeast King 2 Kent City Council Minutes January 7, 2014 County Coalition Against Trafficking. She communicated their mission and when their meetings are. G. Introduction of new Arts Commission Appointee. Mayor Cooke introduced Elena Luna. Luna discussed why she wanted to be on the Arts Commission and be involved in the arts in Kent. She introduced her family to the audience. H. Intergovernmental Reports. Council President Ralph communicated that Regional Law Safety and Justice will meet in January to discuss implementation and how things are going with I-502. Councilmember Boyce communicated he will be attending the Sound Cities Association (SCA) Public Issues Committee (PIC) meeting on January 8 at 7:00 p.m. at Renton City Hall. Councilmember Higgins communicated that next Wednesday there are two Sound Cities Association meetings. He stated that he will be elected to the board of directors at the 10:00 am meeting next Wednesday, January 15 and there will also be a Regional Transit Committee meeting later that day. PUBLIC HEARINGS 1. Six-Month Mariivana Zoning and Business License Moratorium. Mayor Cooke communicated that on November 19 the Council adopted Ordinance No. 4094 that established a six-month marijuana zoning and business license moratorium prohibiting the establishment, location, operation, licensing, maintenance, or continuation of marijuana processors, producers, and retailers claiming authorization under Chapter 69.50 of the Revised Code of Washington or any other law of the State of Washington. She noted that state law requires that a public hearing be held on the moratorium within 60 days of adoption. She noted that the ordinance has already been adopted by the Council. She stated that the ordinance established that January 7, 2014 be the day for the public hearing. Acting City Attorney Pat Fitzpatrick communicated that this item has been before the Council several times. He noted that on June 5, 2012 the Council adopted an ordinance prohibiting medical marijuana and collective gardens. Back then, he stated the issue was surrounding whether medical marijuana, collective gardens, and dispensaries were legal businesses. With that, the Council passed zoning code policies prohibiting all of them. On November 6, 2012, the voters adopted Initiative 502 concerning recreational marijuana and it allowed for the possession of small amounts of recreational marijuana and created a system for manufacture, production, and retail sale of marijuana. He stated that the process is going on now where the Washington State Liquor Control Board has established a method for this, which includes where it can be produced and sold. He added that the state can issue up to three licenses for retail sale in Kent with no limitation on processing facilities. He continued that the only land use regulation is a 1,000 foot buffer to schools, churches, and parks, etc. In November, he said there was a proposal for a moratorium to deal with the ongoing conflict in federal and state law. Federal law communicates that marijuana in any form is illegal so until that changes the Council has made a policy decision that there will be no marijuana land 3 Kent City Council Minutes January 7, 2014 uses or businesses in Kent. He added that the moratorium was passed on November 19 and a public hearing needed to be heard within 60 days. He noted that the current moratorium expires on May 27, or earlier unless the Council adopts language for permanent zoning. He discussed local marijuana legislation and said Renton passed a moratorium on November 4, Covington hasn't addressed the issue of recreational marijuana but has passed their fourth six-month moratorium on medical marijuana, Auburn has passed a one-year moratorium on recreational marijuana in September 2013, Federal Way passed a one-year moratorium on November 5, 2013, and the City of SeaTac has permanent code language that states that marijuana usage is a federal offense. Tukwila, he said, has language that zones marijuana use in a small area on the border of Kent, but the land owners won't sell property to any retail marijuana operations. Councilmember Boyce verified that the liquor control board by law determined that Kent could have three retail licenses in the City. Fitzpatrick also communicated that the liquor control board hasn't determined if all of the businesses are viable, just that they have applied. He also added that the liquor control board hasn't determined where the manufacturing facilities can be, just that there is a limit on the number that the entire state can have. He said the purpose of the ordinance is to determine whether the City will or won't accept licenses through the state and be permitted in Kent. Councilmember Sharp asked for the marijuana status in Burien and Des Moines and Fitzpatrick replied he didn't know what those cities have done on this issue. Councilmember Higgins verified that the legal department is still measuring time spent on this issue. Council President Ralph moved to recommend the Mayor open the public hearing concerning a six-month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by Councilmember Higgins. Motion carried 6-0. A. Chris Kealy, Tacoma — Kealy stated that he has applied to be a producer/processor in Kent. He communicated that the license period opened on November 18 and ended on December 19 or 20. He said he inspected the list and based on his research there are two businesses that are in the running to really be producer/processors in Kent and that he isn't interested in the retail side. He communicated that his company intends to operate inside the state regulations on how processing plants are to be run. He stated that he has already leased 23,000 square feet in Tacoma and is building a building in Kent. Mayor Cooke verified that Mr. Kealy registered his business under the name "Spinning Heads, LLC." Councilmember Thomas communicated that the marijuana would be produced, processed, and it has to be sold retail somewhere. Kealy discussed prohibition and how it relates to marijuana. 4 Kent City Council Minutes January 7, 2014 Councilmember Higgins thanked Kealy for testifying and verified with him that he is spending $8 million and another $12 million to hire 102 people to work in the facility. Furthermore, he said he will have an estimated $10 million in expenditures every year in Kent if his facility opens. Councilmember Higgins confirmed that there would be no odor or signage on Kealy's property. Kealy also said that there would be eight trucks a day going in and out of the facility and 102 employees coming and going from work. Councilmember Higgins inquired about the revenues from a producer/processor to a city. Kealy replied that cities aren't getting a sufficient cut on the revenues from these. He stated that the revenues to a city would be less than $100,000. Councilmember Higgins verified that his Tacoma facility is 23,000 square feet and only has 40 employees. He said it is a backup plan if the facility in Kent isn't built. Kealy communicated that Tacoma understood I-502 and allocated areas in Tacoma where producers could setup. Kealy verified to Councilmember Thomas that there would be 102 employees at his facility in Kent. Councilmember Sharp inquired about security issues. Kealy replied that he has a military-based driver group to drive armored cars so the product is secure. He said there is a gate at the front of the property and intruders will be met with resistance. He noted that they aren't talking about weapons, but electronic-based intrusion mechanisms. He stated that he would ask for assistance from the police department if his facility is approved. Mayor Cooke verified the address of the proposed facility. Council President Ralph inquired about the vulnerability of the business and Kealy communicated that most vulnerability occurs when the product is being moved. Councilmember Thomas communicated that the address is close to the church and school. Kealy replied that they are far enough away from both. Councilmember Thomas communicated that if they produce it and process it, it has to be sold retail somewhere in the public. B. Christine Masse, Seattle — Masse introduced herself as the personal and business attorney for Kealy. She communicated that she wants the option to allow this use under the Kent City Code to remain open. She said Kent has a chance to be a leader in this and offered herself and Mr. Kealy to work with the City staff to come up with creative options. She also stated that she would be interested in assisting the city in getting some of the revenues into the city. Mayor Cooke noted that Des Moines has approved the retail sale of marijuana. 5 Kent City Council Minutes January 7, 2014 Councilmember Higgins inquired about Masse and her work with Tacoma and she communicated that operations in Tacoma are up and running. This, she said, is an opportunity for Kent to regulate and make this legal and begin to move out those who are doing this illegally. Councilmember Higgins also verified with Masse that Seattle has banned marijuana sales in areas zoned as historical. She added that finding a 1,000 foot buffer is an issue in Seattle and there is a zoning plan. Councilmember Higgins thanked her for her input and felt the City will have to deal with it in a regulatory fashion sooner rather than later. C. Steve Manzanares, Kent — Manzanares communicated that he has applied for a grower/processor license. He communicated that in a 10,000 foot grow operation you would generate $361,000 in cannabis. He said there are a lot of tax revenues to be generated out of this. He stated that Kent wouldn't even know where the grows were if they were allowed. He stated that security wouldn't even be an issue. He stated that if this gets adopted there would be a switch in the economics and law enforcement where law enforcement would only have to deal with hard drugs. He stated there is revenue there and before it is judged the Council should investigate. He added that the City would obtain $30,000, five times a year in sales tax revenues. Mayor Cooke verified that Mr. Manzanares registered his business under the name "Organic Cannibis Coalition." There was discussion about sales tax revenues and Acting City Attorney Fitzpatrick communicated that the City doesn't get any sales tax revenues, just a small amount of B&O tax revenue. Council President Ralph moved to close the public hearing concerning a six- month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by CM Thomas. Motion carried 6-0. PUBLIC COMMENT A. Gwen Allen-Carston, Kent — Allen-Carston discussed Kent Black Action Commission (KBAC). She thanked the police department, Council, and Mayor for their service. She discussed an event called "Barbershop Talks" for African-American men. She communicated that the core of the community is men and thanked the City of Kent for they do. Councilmember Ranniger verified that the event is on January 18 from 3:00 to 7:00 p.m. at the Senior Center. CONSENT CALENDAR 6 Kent City Council Minutes January 7, 2014 Council President Ralph moved to approve Consent Calendar Items A through F, seconded by Councilmember Thomas. The motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of December 10, 2013. B. Appointment of Arts Commissioner Elena Luna - Confirm. Mayor Cooke confirmed the appointment of Elena Luna to the Kent Arts Commission. C. LifeWise Assurance Company Contract for Individual and Aggregate Stop Loss Coverage - Authorize. The Mayor was authorized to sign the 2014 LifeWise Assurance Company renewal contract for individual and aggregate stop loss coverage, subject to terms and conditions acceptable to human resources and the city attorney. D. Group Health Cooperative Contract for Insured HMO Plan - Authorize. The Mayor was authorized to sign the 2014 Group Health Cooperative contract for the City's insured HMO plan, subject to terms and conditions acceptable to human resources and the city attorney. E. Delta Dental of Washington Administrative Services Contract for Self- Insured Dental Program - Authorize. The Mayor was authorized to sign the 2014 Administrative Services contract with Delta Dental of Washington for the City's self- insured dental program, subject to terms and conditions acceptable to human resources and the city attorney. ADDED ITEM F. Excused Absence. An excused absence for Councilmember Berrios who was unable to attend the January 7, 2014 council meeting was approved. OTHER BUSINESS None BIDS There were no bids. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. No report from Council President Ralph nor Councilmember Higgins. B. Mayor. Mayor Cooke thanked the Boeing employees for the "yes" vote and stated that it ensures the first and second 777x would be built here. She added that there are over 50 Boeing suppliers based in Kent. She said recruiting will begin for the chief administrative officer position. She applauded Brubaker for the work he has done and said she hopes he applies for the position and will strongly request that an outside firm be used for the recruitment process. 7 Kent City Council Minutes January 7, 2014 C. Administration. Tom Brubaker, Interim Chief Administrative Officer announced there would be ten minute executive session concerning potential litigation as authorized per RCW 42.30.110(1)(i). D. Economic & Community Development Committee. Councilmember Boyce communicated that there will be a meeting on Tuesday. E. Operations Committee. Councilmember Thomas indicated that the report was in the minutes. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting was January 16. G. Public Safety Committee. Council President Ralph confirmed that the meeting time of the Public Safety Committee meeting will remain the same for now. H. Public Works Committee. Councilmember Higgins communicated that a $5 million grant was accepted at the Public Works Committee meeting for the 228th project from the State Transportation Improvement Board (TIB). He communicated that the corridor has received a great deal of funds and connects with the 509 corridor. He noted that this project is in the forefront as far as funding for this quarter. I. Regional Fire Authority. Councilmember Thomas reported that the Regional Fire Authority has a meeting on January 15 at 5:00 p.m. EXECUTIVE SESSION At 8:41 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for ten minutes to discuss potential litigation, per RCW 42.30.110 (1)(i). At 8:50 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:53 p.m. Ronald F. Moore, MMC City Clerk 8 40. KF14 Agenda Item: Consent Calendar — 7B TO: City Council DATE: January 21, 2014 SUBJECT: Appointment to Arts Commission — Confirm MOTION: Confirm the Mayor's appointment of Jennifer Treese to the Kent Arts Commission. SUMMARY: Confirm the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. Jennifer Treese made application for appointment to the Kent Arts Commission to fill a vacant four year term. Jennifer's love of arts and history began over a decade ago, and since then she has been part of informal science and historical craft education for both children and adults. Jennifer was actively involved with the technical crew for small theater productions during her high school and college school years. Jennifer is as an aerospace engineer and recently completed her certificate in project management. She believes that science, art, and history enrich our lives and looks forward to serving our community on the Arts Commission. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. KENT ° Agenda Item: Consent Calendar - 7C TO: City Council DATE: January 21, 2014 SUBJECT: King County Solid Waste Division Waste Reduction & Recycling Grant - Accept MOTION: Authorize the Mayor to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The King County Waste Reduction and Recycling grant is used to fund three Special Recycling and Collection Events for residents and businesses for the collection of hard-to-recycle materials, including appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete, and tires. The grant also funds activities and events associated with the Business Recycling Program, the Multi-Family Recycling Program, the purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels, as well as the Christmas Tree Collection and Recycling program co-sponsored by Parks and the Boy Scout organization. EXHIBITS: Interagency Agreement for 2014 with King County RECOMMENDED BY: Public Works Committee YEA: Sharp, Ralph, Higgins NAY: BUDGET IMPACTS: The City will receive $89,835 in 2014. No match is required. This page intentionally left blank. 7 CONTRACT 45637583 INTERAGENCY AGREEMENT FOR 2014 i Between KING COUNTY and the CITY OF KENT This one-year Interagency Agreement"Agreement'is executed between King County, a Charter County and political subdivision of the State of Washington,and the City of Kent, a municipal corporation of the State of Washington,hereinafter referred to as "County' and "City' respectively. Collectively, the County and City will be referred to as"Party' or"Parties." PREAMBLE King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and,services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. L PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. 1 8 IL RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A, The total amount of funds available from this grant in 2014 shall not exceed$89,835. 2. This Agreement provides for distribution of 2014 grant funds to the City. However, 2014 funds are not available until January 1, 2014, and 2014 funding is contingent upon King County Council approval of the 2014 King County budget. The County shall notify the City in writing of the funding status. 3. During this one-year grant program, the City will submit a minimum of one, but no more than four, progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement,prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of four(4)progress reports and requests for reimbursement during the one-year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2015. If the City chooses to submit the minimum of one progress report and request for reimbursement during the one-year grant program, it shall be due to the County by March 31, 2015. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5"'working day of January 2015, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work,but no later than June 30, 2015. 2 9 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County,the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process, 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex,religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory,mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. i 8. During the performance of this Agreement, neither the City nor any Party,subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination, These laws include, but are not limited to,RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County,to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six(6) years after termination hereof unless penrtission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40,14. These accounts shall be subject to inspection, review or audit by the Comity and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2017. 3 10 12. The City agrees to credit King County on all printed materials provided by the County,which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or"text provided courtesy of King County Solid Waste Division." i 13, The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced;provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process. 17. This project shall be administered by Gina Hungerford, Conservation Specialist; 220 4th Ave. South; Kent, WA 98032-5895; TEL - (253) 856-5549; FAX—(253) 856-6500; Email— gh�=erfordO.ci.kent.wa.us, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant finding to $10,000 per year. 4 11 2. The City of Kent`s budgeted grant funds for 2014 are $89,835. Unspent 2014 funds will not carry over to 2015. 3. Within forty-five (45) days of receiving a request for reimbursement from the City,the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or "text provided courtesy of the City of Kent." 5. The County retains the right to share the written material(s)produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager of the King County Solid Waste Division. II1. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2014 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2014 and shall terminate on June 30, 2015. The City shall not incur any new charges after December 31, 2014. However, if execution by either Party does not occur until after January 1, 2014,this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2014 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 11. A of the Agreement. 5 12 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds;and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1)the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2)the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations,terns and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND IINDEMNIF'ICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits,penalties, losses, damages, or costs of any kind whatsoever(hereinafter "claims") brought against the County arising out of or incident to the City's execution of,performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report,film,tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade narme, and/or otherwise results in unfair trade practice. 6 13 VIL INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be$1,000,000 general liability insurance combined single limit per occurrence for bodily injury,personal injury, and property damage. If the policy has an aggregate limit, a$2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C,unless Section VII.B, applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached C to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority(WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. III. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVEI3ABILITV If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 i 14 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Ms. Gina Hungerford, Conservation Specialist City of Kent 220 4th Ave. South Dent, WA 98032-5895 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City King County BY (Title) Pat D.McLaughlin,Director Solid Waste Division I For Dow Constantine,King County Executive Date Date ft 15 Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent 2014 Scope of Work A. Basic Information 1. City of Kent 2. Grant project manager: Gina Hungerford Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - (253) 856-5549 FAX- (253) 856-6500 Email—ghwigerford@kentwa.gov 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle; WA 9811.6 TEL - (206) 938-8262 FAX- (206) 938-9873 Email—pauldevine@msn.com 4. 2014 Budget: $89,835.00 B. Scope of Work Task One; Recycling Collection Events A. Schedule—Events will be held in March, .Tune, and October, 2014 B. Task Activities © Total Number of Recycling Collection Event—Three ® Appliances • Refrigerators and Preezersd- • Ferrous Metals a Non-ferrous Metals • Concrete, Asphalt, Rock, and Brick"" N Tires+ • Mattresses+ Styrofoam 1 i i 16 • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Bulky Yard Debris* • Scrap Wood* *Collected in the spring (March and June) ** Collected in the fall (October) +User fees may apply. • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • By distributing a promotional flyer through direct mailings. • By notices in City newsletters (whenever possible). • By posting a bulletin at City Hall and on the City cable channel (if available), K-Hold, and Facebook. • By publicizing the event through the King County Solid Waste Division Promotional Activities. C) Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2014 volumes and vehicles with prior year's events. 2 17 D) Task Budget: $20,500.00 ISUdgert category Citz Staff Costs 1,500.00 1,500.00 3,000.00 6,000.00 ConwactoriblaTting Costs Lvent star uosts Collection/Hadhi Costs Wood Was Scrap a lances, etc. Toilet/Sink Collection $1 000.00 $0.00 $500.00 $1 500.00 ec ion r one an o se on Concrete $1,000.00 $0.00 $1,600.00 $2,600.00 vapor Shredding gyres attreses $1,600.00 $0.00 2,000.00 3,500.00 j yro oam se i t1treezeletc. Batteries 0.00 2,000.00 0.00 2,000..00 r n mg ai ing von u [as Other Ex enses -rentals,etc 2,000.OD 2,357.32 1,000.00 5,357.32 NOTE:Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. E) Task Performance Objectives: The City plans to send out approximately 47,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 250-300 tons of material from the local waste stream per year. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. F) Task Impact Objectives: By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has a.population of approximately 119,000. The City expects, based on past events, that 3,100-3,500 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 250-300 tons of material diverted from the local waste stream for recycling each year. In addition to diverting iaterials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs. The educational materials can enhance the luiowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. 3 I 18 Task Two: Business Recycling Program A) Task Schedule: 2014 B) Task Activities: Through continued recycling assistance to businesses, the City will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. The City will also work with the Kent School District to promote school recycling programs. Program Activities: 1)Kent Business Information Prepare, print, and coordinate distribution of a Kent Business Recycling Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses two times a year. 2)Kent Business Assistance j To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition; the City will provide assistance to City businesses on an on-call basis. 3) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement the Kent Green Business of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. 4 19 C) Task Budget: $32,400.00 NBusiness e a egory Cost Total ses era and Gra hits $1 500.00 1 500.OD sts $1,600.00 1,600.00 mg costs , tance To include: Educational material dis n u ion Business consultationsreports $1500.00 $1500.00 Follow-up calls to businesses $1,000.00 $1,000.00 Program Promotion Business Reco nition Program Planninglimplemention 2,000.00 $2,000.00 rogram Promotion Other Costs $700.00 $700.00 Business Web Site Web Site Assistance Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. . D) Task Performance Objectives: 1) The Kent Business Recycling Newsletter will be sent to all Kent businesses two times a year. With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream. 2) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention. Consultant staff will include the information as requested in the King County business database. Summary program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; .the number of businesses receiving information; and the number of businesses beginning or expanding recycling activities. 3) Kent Green Business of the Year Award will provide Kent businesses with motivation to recycle by recognizing Kent businesses that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. E) Task Impact Objectives: By providing information, web site assistance, technical assistance, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has an employee population of approximately 62,000. In addition to diverting materials from 5 20 the City waste stream, providing information to Kent business provides an opportunity to distribute educational material on City and King County recycling programs. The technical assistance, web site assistance, recognition, educational materials can enhance .the knowledge of business and improve behavior in the purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A) Task Schedule: 2014 B) Task Activities: The task will include promoting waste reduction, participation in Kent multifamily residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers. The City will: • Distribute multifamily educational brochures through direct mailings, City events; and door-to-door delivery. • Distribute multifamily signs for use at multifamily complexes for proper recycling of materials. • Providing on-site waste consultations and follow-up assistance. • Distribute multifamily educational brochures in Spanish and Russian(if available) through direct mailings, Recycling City events, and door-to-door delivery. C)Task Budget: $12,500.00 a i ami y u get a egory 2014 o a rovi a ssrs ance an o ow-up e , s e ss s ante s eo ram romotion The business program will be funded with use of Icing County WRR grant funds. Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and 6 21 convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. E) Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost/Worm Bin Distribution A) Task Schedule: Spring, 2014 B) Task Activities: a Total Number of Compost/Worm Bin Sales — 1-2. The City may distribute bins at the second spring event if stock remains. s Task Description - The City will implement two backyard compost bin distribution events in conjunction with Kent Recycling Collection Events. The City will: • Distribute subsidized backyard compost/worm bins and educational materials on grasseycling and backyard composting to Kent residents. Residents will be charged a user fee for bins of$25.00. ® Promote the program through the City of Kent website and event flyers. ® Purchase and distribute approximately 120 worm bins. The City has approximately 100 compost bins in storage for distribution in 2014. C) Task Budget: $6,100.00 ESTIMATE® COSTS 2014 2014 Total City Staff Cost $800.00 $800.00 Administration and t1upplies . orage ana Delivery Consultant and Contractor Services $3,000.00 $3,000.00 Wonrr Sills $2,500.00 $2,500.00 sttrna a to Inc®me a , Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Composting extends the life of landfills and reduces stress on local composting facilities. This program should result in greater resource efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials in their gardens. 7 22 E)Task Impact Objectives: As a result of the bin sales,the City of Kent will: ® Reduce the residential waste stream by up an estimated 100 tons of yard debris annually or 1,000 tons in the next ten years. ® The City will monitor the program by reporting the following: -Number of compost/worm bins distributed. -The estimated amount of compostable material diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational materials on City recycling programs and yard debris reduction programs in King County. The educational materials can enhance the knowledge of residents and improve behavior in purchasing products, practices, and disposal of yard debris. Task Five: Purchase Products Made From Recycled Materials A)Task Schedule: 2014 i B)Task Activities: f In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycle content rain barrels and other items for distribution. The rain barrels weight approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced. The City will sell the rain barrels at City Recycling Collection Events in 2014. The City will sell the bins for$30-$35 each. C) Task Budget: $6,835.00 i Recycled Product Purchase 2014 2014 Total City Staff $600.00 $600.00 Consultant and Contractor Services $3,200.00 $3,200.00 MITEu Mar Tems minis f ra f son an upp fees- _ Estimated Barrel Income w$4,500.00 $4,500.00 TOTAL. $6,835.00 L $6,835.00 D) Task Performance and Impact Objectives: The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials. By purchasing products made from recycled content, the City will divert recyclable material from the waste stream. The City 8 I 23 will distribute the rain barrels to.City residents to help promote recycled products. The City will promote the rain barrel sale in the City Recycling. Collection Event flyer. The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain barrels will continue to conserve water resources for many years. Task Six: Christmas Tree Collection and Recycling A) Task Schedule: Winter, 2014 B) Task Activities: e Task Description - The City will provide collection of Christmas trees in the City for residents just after the Christmas holiday. The City plans to provide City residents with four to six tree collection days. The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers. • Recycle collected trees C) Task Budget: $8,000.00 ESTIMATED COSTS 2014 2014 Total Supplies/equipment $6,500.00 $6,600.00 rolec a ong oa D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill. This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station. E) Task Impact Objectives: As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: Number of Christmas trees collected. -The estimated amount of material diverted from the waste stream. 9 24 Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER will ® Track project expenses; ® Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work; ® Prepare reports for the grant program; and • Prepare final report. Task Budget: $3,500.00 King. County WRR Grant 2014 2014Total 1. Program Management $2,100.00 $2,100.00 2. Project Expenses a. Mileage $550.00 $550.00 b. Supplies $850.00 $850.00 TOTAL $3,500.00 $3,500.00 10 • Nl. KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: January 21, 2014 SUBJECT: Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant - Accept MOTION: Authorize the Mayor to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Seattle-King County Health Department's Local Hazardous Waste Management Program Grant is an annual grant to help cities protect public health and the environment from toxics and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents and local businesses, as described in the attached Grant Agreement's Scope of Work. Hazardous items collected at the events include: Refrigerators and freezers, used oil, antifreeze and other petroleum products, as well as batteries. In addition, the grant pays for some staffing and printing and mailing costs associated with the events. EXHIBITS: 2014 Community Services Contract with King County RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $32,278.87. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts. This page intentionally left blank. 27 Public Health A Seattle & King County King County Contract# EHS3311 Federal Taxpayer ID # 91-1355875 Federal Sub-recipient - No This form is available in alternate formats for people with disabilities upon request. 2014 COMMUNITY SERVICES CONTRACT WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION THIS CONTRACT is entered into by KING COUNTY (the "County'), and City of Kent (the "Contractor'), whose address is 220 4th Ave. S,Kent,Washington,98032-5895 . The County department overseeing the work to be performed in this Contract is the Seattle-King County Department of Public Health (aka, Public Health - Seattle & King County, "PHSKC") Contract Summary PHSKC Division: Environmental Health Project Title: Local Hazardous Waste Management Program Contract Amount: Thirty Two Thousand Two Hundred Seventy Eight Dollars and Eighty Seven Cents Contract Start Date: 01/01/2014Contract End Date: 12/31/2014 Fund Source Information FEDERAL: $ 0 COUNTY: $32,278.87 STATE: $ 0 OTHER: $ 0 Specific Funding Details (Award number, CFDA# Amounts, Effective Dates) 1) Local Hazardous Waste Management Program Funding WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2014 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: I IncoKporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Program Exhibits and Requirements ® Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Invoice Exhibit D: Contractor's Certificate of Insurance and Additional Insured Endorsement II Term and Termination A This Contract shall commence on 1/1/2014 8:00:00 AM, and shall terminate on 12/31/2014 8:00:00 AM, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Contract# EHS3311 Page# 1 of 9 28 B This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the suspension. C The County may terminate or suspend this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection ILC. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection ILA., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Compensation and Method of Payment A The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit which complies with the attached Budget Exhibit. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The Contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers Contract# EHS3311 rage## 2 of 9 29 among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference hftp:/Iwww.gsa.gov for the current host city per diem rates. 3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of federal grant must be in accordance with the Fly America Act. IV Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted government accounting standards (GAGAS). V Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV, below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application Forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such Contract# EH83311 Page # 3 of 9 30 i visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kingeounty.gov/healthservices/health/partnerships/contracts VIII Audits A If the Contractor is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination/audit conducted by the Washington State Auditor has been completed. B Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be Contract# EHS3311 Page # 4 of 9 31 insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers,employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, Contract# EHS3311 Page# 5 of 9 32 constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XII Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and provide required insurance documentation prior to the signing of this Agreement. XIII Assinnment/Subcontractinci A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies. C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, XI, XII, XIII, XIV, XV, XVI, and XVII,XVIII, XXIV, XXV, XXVI, XXVII, and the Funder's Special Terms and Conditions, if attached, in every subcontract that relates to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV Nondiscrimination and Euual Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants Contract# EHS3311 Page # 6 of 9 33 and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. I B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI Equipment Purchase, Maintenance, and Ownership A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. i XVII Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material w article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited Contract 4 EHS3311 Page# 7 of 9 34 None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper and both sides of sheet of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. XX Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire ContractMaiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVIIContractor Certification Contract# ENS3311 Page# 8 of 9 35 By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY CONTRACTOR j FOR King County Executive Signature Date Name (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Contract# EHS3311 Page# 9 of 9 36 EXHIBIT A SCOPE OF WORK CITY OF KENT I/l/2014-12/31/2014 j Background The Local Hazardous Waste Management Plan (hereafter refereed to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RC W 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). i The purpose of this Exhibit is to define the relationship associated with the Program's funding of j City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize three citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters,petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Programs Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Fund Manager: a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. EHS3311—City of Kent 1 37 3. The City shall notify the Fund Manager no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent, at(253) 856-5549, (ghungerford a)kentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Director for resolution. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley Madelaine Yuri LHWMP Program Director LHWMP Fund Manager EHS3311—City of Kent 2 38 150 Nickerson Street, Suite 204 150 Nickerson Street, Suite 204 Seattle WA 98109 Seattle WA 98109 206-352-8163 206-352-7128 lyndaranslevnakiu c� ounty. oy rnadelaine. kingcountygov Paul Shallow LH W MP Contract Administrator Seattle, WA 98104 206-263-8487 paul.shallowkkingcounty.gov III i EHS3311—City of Kent 3 39 EXHHIIT B 2014 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description Budget Household Hazardous Waste Education Household Hazardous Waste Collection $32,278.87 TOTAL $32,278.87 i i EHS3311 —City of Kent 40 EXHIBIT C 2014 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: City of Kent 220 Fourth Ave. S Kent, WA 98032 To: Madelaine You, Fund Manager Local Hazardous Waste Management Program in Icing County Seattle-King County Department of Public Health 150 Nickerson St., Suite 204 Seattle, WA 98109 Contract#EHS3311 Period of time: 2014 to ,2014. { In performance of a signed Contract between King County and the City of Kent, I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Budget Current Expenses Previous Charges Balance Description Household Hazardous Waste Education Household Hazardous $32,278.87 Waste Collection I TOTAL $32,278.87 i For Health Department Use Only FOR HEALTH DEPARTMENT USE ONLY Oracle Purchase Order#- Invoice Date Invoice# Amount to be paid Oracle Requisition# Oracle Receipt# Oracle CPA# Local Hazardous Waste Management Program Approval: Madelaine Yun IHW-NR-0100 Date EHS3311 —City of Kent KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: January 21, 2014 SUBJECT: Contract with Olympic Environmental Resources for 2014-2015 Residential Recycling Collection Events - Authorize MOTION: Authorize the Mayor to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Olympic Environmental Resources will provide assistance with the implementation of the city of Kent's Waste Reduction and Recycling Programs, including the spring, summer, and fall special recycling and collection events, outreach for business and multi-family waste reduction and recycling programs, rain barrel and compost bin sales and education to benefit the citizens and businesses of Kent. These programs provide a cost savings to Kent's residents and businesses. EXHIBITS: Olympic Environmental Scope of Work RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. This page intentionally left blank. 43 2014/15 Proposed Scope of Work City of Kent 2014/15 Residential Recycling Collection Events, Bin and Barrel Sales, Business Recycling Program Outreach, School Program Outreach, Multifamily Residential Recycling Program Outreach, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (The Contractor) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevine@msn.com SUB CONTRACTOR Wilder Environmental Consulting PO Box 46188 Seattle, WA 98146 Phone: (206) 949-1787 Email: swilder@wilderenvironmental.com TASK 1: Residential Recycling Collection Events In 2014 and 2015 the Contractor will organize six citywide collection and recycling events in the City of Kent. The events will be held in March, June, and October. A) Materials to be collected and recycled: • Appliances+ • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* • Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Motor Oil • Motor Oil Filters 44 • Antifreeze • Petroleum Based Products • Paper Shredding** • Electronic/Computer Equipment/Cell Phones • Mattresses+ • Styrofoam • Car Seats +User fees may apply or the City may cover all user fees. *Collected in the spring ** Collected in the fall B) The following educational materials will be distributed at the events: • Information on City of Kent waste reduction and recycling programs • Information on the Local Hazardous Waste Management Programs Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county-sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. The Contractor reserves the right to refuse oversized, commercial, or contaminated loads. Event Promotion Event promotion will be accomplished in the following ways: • Distribution of a promotional flyer through direct mailings • Articles in the City newsletter publicizing events • Publicizing the events through the King County Solid Waste Division • Publicizing the events on the City's cable channel and website Proiect Evaluation The following measures will be used to evaluate the completion and success of the events: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Comparison of 2014/15 volumes and vehicles with prior year's events Timeline Tentative Event Dates— March,June, and October, 2014/15 January/April/August 2014/15 Event planning Work with City on finalizing event date Schedule vendor services February/ April/September 2014/15 Schedule vendor services Work with City on event flyer Coordinate with granting agencies on approval of the flyer 2 45 March/June/October 2014/15 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/July/November 2014/15 Prepare project reports Assist City in grant reimbursement process TASK 2: Spring Compost Bin,Worm Bin, and Rain Barrel Sale The Contractor will organize a two or more compost bin, worm bin, and rain barrel sale at the direction of the City. The events will be held in March and if needed in June. The Contractor will bundle other City clients and solicit bids for the compost bins, worm bins, and rain barrels. The Contractor will arrange to have the bins and barrels delivered to the City Shops. The Contractor will implement one or more sales accompanied by educational outreach/technical assistance on backyard composting, vermicomposting, and rain barrel use. If the bins and barrels don't all sell at the March event an additional sale may be held at the June Recycling Collection Event. The sale/s will be advertised in the Recycling Collection Event flyers sent to all Kent households. The Contractor will sell the bins for $25 each and the rain barrels for $30 each or more as directed by the City. Each bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. The worm bins and rain barrels will include instructions on proper set-up and use. TASK 3: Business and School Recycling Outreach The Contractor will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial and school sector in 2014 and 2015. Program Activities: 1) Kent Business Recycling Printed outreach The contractor will work with the City to determine up to 2 methods of printed outreach to the business sector during 2014/15. This could include newsletters, postcards or ad space in local papers or chamber newsletters. 2) Kent Business and School Assistance To provide recycling assistance to Kent businesses and schools, the Contractor will deliver a Business Recycling Tool Kit to all Kent businesses expressing interest.The Contractor will provide assistance to City businesses on an on-call basis. The Contractor will track assistance to City businesses as required by King County. The Contractor staff will promote the website www.kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. School assistance in 2014/15 will build on the success of past years and will expand wherever possible. 3 46 3) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle, The Contractor will manage the Kent Green Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled-content products. As feasible, the Contractor will promote the winners, and other outstanding applicants programs as examples for other Kent businesses to model. 4) Business Website Assistance In 2014/15, the Contractor will respond to inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. 5) Other outreach activities, as requested and as budget allows TASK 4: Residential Recycling Program Outreach The Contractor will promote waste reduction and enhanced recycling programs through the following program efforts with residents and property owners and managers: • Distribute City outreach materials: through direct mailings, City events, property manager outreach and door-to-door delivery • Provide on-site waste consultations and follow-up assistance • Respond to inquiries from residential communities • Work with City contracted haulers to promote recycling programs • Other outreach activities, as requested and as budget allows Proiect Goals and Obiectives • Promote residential participation in Kent recycling services • Promote cost-effective handling of the residential waste stream • Promote the purchase of recycled products to the residential sector • Promote use of www.KentRecycles.com. Proiect Evaluation The Contractor will monitor the success of the program by reporting the following: • Number of educational materials distributed • Number of residential communities that received technical assistance • Increase in the number of residential buildings participating in collection service of recyclables TASK 5: Grant Administration The Contractor will work with the City to provide grant administration and project reports for this Scope of Work. The Contractor will: • Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work • Prepare reports for the grant program funding reimbursement • Prepare final reports as required by recycling program grants 4 47 Olympic Environmental Resources will be the prime contractor on this project and will subcontract a portion (Tasks 3 and 4) to Wilder Environmental Consulting. Olympic Environmental Resources and Wilder Environmental Consulting are available to implement additional projects at the direction of the City. 5 This page intentionally left blank. N 9 0 z, m " o4 � � agd .. � G Ro a "° •, � 5 � � � � 9 '� c a 9 � � 5 =. c c o '� o 5 ;. B lw 5 P a � 5 Q a a � gs000 bssa Pos � s sogggoo oo s s . 00s . n ee eg ggggo oggo ' 8 c � O o T z � z v g ggo g sg gggo g sgg _ ao c s gss s � � 000 � �� a Pos � s � sogggoo � oo � � s � � � s � ooc go gg ggggo oggo - A This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: January 21, 2014 SUBJECT: Change Order with SCI, LLC for SR 516 to S 231't Way Levee North Reach Improvements - Approve MOTION: Authorize the approval of Change Order No. 1 to SCI Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Construction on the Russell Road Upper North Reach began last summer and was substantially complete by the end of November, 2013. The project involves construction of a secondary levee near the Marina Pointe portion of the Lakes residential development. The work is required to meet federal levee safety standards for levee certification and eventually FEMA accreditation. This is the first levee project constructed by the City that will be entirely paid for by the King County Flood Control District. The work was completed through an Interlocal Agreement with a funding limit of $1.5 million. The interlocal agreement was not authorized by the King County Flood Control District until July 17, 2013, which gave the project a late start. The original construction contract was awarded to SCI Infrastructure for $583,462.54 and most of the levee was completed by late September, 2013. During our record rainfall event on September 28, areas along the landward side of the levee eroded and needed to be repaired. Erosion control measures were installed at the time; however, due to the timing of the storm the damage was significant. While assessing needed repairs, it was determined that areas of the levee required more work than anticipated. Those areas were repaired. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The total project costs, including this change order, are within the $1.5 million budgeted for the project through funds from the King County Flood Control District. Accordingly the project is well within budget. With this change order included, total project costs are approximately $1.0 million. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: January 21, 2014 SUBJECT: Central Avenue South Improvements Federal Grant - Accept MOTION: Authorize the Mayor to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The pavement along South Central Avenue between Willis Street and the South Central bridge has numerous cracks, rutting and patches, and is in need of repair or replacement. Because of the progressed deterioration of Central Avenue, this arterial requires more of a reconstruction than a simple overlay and will require appreciable design work including relocation of utilities before the road project can be advertised for bids. The road overlay itself will cost over $2 million. The future reconstruction project will repair failing pavement sections and provide a full-width overlay of the roadway. The Public Works Department competed for and was awarded a $300,000 federal grant through the Puget Sound Regional Council for the design phase of the Central Avenue South Pavement Preservation Project. This funding will allow the City to complete the design and permitting phases of this critically needed improvement and will make this project more competitive for possible future federal grant funding opportunities. EXHIBITS: Local Agency Agreement LA-8224 RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $300,000 of federal funding. The local match for this grant is 13.5% or $40,500. Funding for the local match could come from B&O Tax receipts, and would be needed as design progresses. This page intentionally left blank. i 53 �S�B6��t�9'� StateTransportation Building 310 Maple Park Avenue S.F. ® Department of Transportation P.O.Box 47300 Olympia,WA 98504-7300 Lynn Peterson 360.705-7000 Secretary of Transportation TTY:1-800-883-6388 www.wsdot.wa.gov August 9, 2013 Mr. Tim LaPorte Public Works Director City of Kent 220 Fourth Avenue South AUG 1. 3 2Q13 Kent, Washington 98032-5838 City of Dent CITY OF KENT Central Avenue South ENGINEERNG Pavement Preservation STPUL-1071(006) FUND AUTHORIZATION Wp Dear Mr. LaPorte: i We have received FHWA fund authorization, effective August 5,2013, for this project as follows: PRASE TOTAL FEDERAL SHARE Preliminary Engineering $347,821 $300,000 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-8224 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction,any expended federal funds must be repaid. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. L cerely F l`�' Stephanie Tax Manager, Program Management Highways&Local Programs ST:jg:ac Enclosure cc! Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121 54 washingtstate partment®e Yransgiaortation L Leah Agency Agreement ,e Agency City of Kent CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 220 -4th Ave. S. Project No. �i� 6' Kent, Washington 98032 Agreement No. � < For OSC WSDOT Use ON The Local Agency laving complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars-A-102, and A-133, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State,-subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Central Avenue South Pavement Preservation Length 0.73 miles Termini From Willis Street to South 262nd Street(Alder Lane) Description of Work This project will remove and rehabilitate the existing roadway pavement surface to add service life to the roadway between Willis St. and S. 262nd Street/Alder Lane. The project includes removal and replacement of failing pavement sections and a full-width asphalt concrete overlay of the entire roadway. . Estimate of Funding Type of Work ) ( Estimated Total Estimated t Agency Estimated Project Funds Funds Federal Funds PE a.A enc 346 821.00 46 821.00 300 000.00 86.5 % b.Other c. Other Federal Aid d. State Participation 1,000.00 1,000.00 Ratio for PE e. Total PE Cost Estimate a+b+c+d 347 821.00 47 821.00 300 000.00 Right of Way f.A enc % . Other h. Other Federal Aid Participation 1. State Ratio for RW Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other Federal Aid -State Participation Ratio for CN g.Total CN Cost Estimate k+I+m+n+o+ r.Total Project Cost Estimate a+'+ 347,821.001 47 821.00 300 000.00 Agency Icl'f Washington State De artment of T ansportation By By a�J7__ Title pirectnr of��+P��nhlic Director of Highways and Local Programs Date Executed j DOT Form 140-039 EF Revised 09/2011 55 Construction Method of Finanentg (check Method Selected) State Ad and Award ❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑ Method B-Withhold from pas tax the Agency's share of total construction cost(line 4,column 2)in the amount of $ at$ per month for months. Local Force or Local Ad and Award ® Method C-Aoencv cost incurred with Dartial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on Resolution/Ordinance No. Provisions 1. Scope of Work The Agency shall provide all the work, labor,materials, and services necessary to perform the project which is described and set forth in detail in the"Project Description"and"Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. 11. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Govemment by the administration of this project.The Agency agrees that the State shall have the full'authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract,the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls .and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable titres and shall be retained and made available for such inspection for a period of nct less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1.Preliminary engineering. 2.Right of way acquisition. _ 3.Project construction. In the event that right of way acquisition, or actual construction of the road,for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of Management and Budget circulars A-102 and A-133.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. DOT Form 140-039 EF Revised 09/2011 2 56 The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal.aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR 225 - Cost Principles for State,Local, and Indian Tribal Government, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C—The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate,not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project.Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit,the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation(see Section IX). Vlll. Single Audit Act The Agency,as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work,project cancellation,overpayment, cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals,or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will,at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits,whether at law or equity brought against the Agency,State,or Federal Government,arising from the Agency's execution, DOT Form 140.039 EF Revised 0912011 3 57 performance,or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U. S.C.3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CPR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be, bound by the above equal opportunity clause with respect to its own employment practices when it Participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local Government,the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules,regulations,and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpartD of the Executive Order. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel,terminate,or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston County. DOT Form 140-039 EF Revised 09/2011 4 58 XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. - (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan,or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file,the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Additional Provisions DOT Form 140-039 EF Revised 09/2011 5 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: January 21, 2014 SUBJECT: Kent Interurban Trail Connector Project Grant - Accept MOTION: Authorize the Mayor to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent was awarded $727,500 through a direct appropriation from the Washington State Department of Commerce. This funding will allow the City to complete the design and construction of a bicycle connection between West Valley Highway and the Interurban Trail. The project entails the design and construction of a shared travel path along the south side of South 228th Street from the Interurban Trail, west to 68th Avenue South (West Valley Highway), approximately 1,800 feet in length. In addition to providing connection as part of the City's system of trails to bike lanes, it will provide a link between residential and office areas around 228th Street with the downtown commercial area. EXHIBITS: Letter dated August 19, 2013 from the Department of Commerce RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $727,500 of state funding. This page intentionally left blank. 61 OTAt STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE a PO Box 42525> Olympia, Washington 98504-2525 m (360)725.4000 August 19, 2013 N1r•. Kurt Hanson City of Kent 400 West Gowe Kent, WA 98032 Dear Mr. Hanson: Congratulations! Governor Inslee recently signed the 2013-2015 State Capital Budget,which includes an appropriation of$750,000.00 for the Kent Interurban Trail Connector project. The Department of Commerce,which will administer the project,will retain three percent(up to a maximum of$50,000)to cover our direct administrative costs, Accordingly, your net grant award will be $727,500.00. Prior to receiving funds,your organization will need to fulfill the following requirements: ® Provide documentation of your organization's financial ability to complete the project. All funds from sources other than the state must be expended, raised,, or secured by documented pledges or loans. ® Any property relevant to the project must be owned or secured by a long-term lease that remains in effect for a minimum of ten years following the final payment date. A lien on owned property is also required when receiving grants over$250,000. ® Prevailing wages must be paid for all construction labor costs incurred as of July 1, 2013. ® Possible review by the Washington State Department of Archaeology and Historic Preservation, Your project may need to comply with the state's green buildings standards (RCW 39.35D). Please fill out the enclosed Contract Readiness Survey and return it at your earliest convenience, Upon receipt, we will email you a comprehensive set of contracting guidelines to assist you with the contracting process. If you have any questions or need additional information,please contact Beth.Prihoda at (360)725-5001, Sincerely, �—� uw Diane Klont , Assistant Director Community Services and Housing Division Enclosure This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: January 21, 2014 SUBJECT: Washington State Transportation Improvement Board (TIB) Grant for South 224th Street Improvement, Phase 2 - Accept MOTION: Authorize the Mayor to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: For the second year in a row the Public Works Department competed for and was successful in receiving a $5,000,000 grant from the Washington State Transportation Improvement Board for the City's South 224th Street Improvement Project. This year's award is for Phase 2 of the project, which will construct a 3-lane roadway between 88th Avenue South and 94th Place South, and a new bridge over Garrison Creek. Last year the City received $5,000,000 for Phase 1 of this project, which will connect the east and west sides of SR 167 with a new bridge. The future Phase 3 of the project will complete the 3 lane roadway up to the Benson Highway. This new roadway will be roughly 1.8 miles long, and will include curbs, gutters and sidewalks, a two—way left turn lane, planted center medians where possible, roadside planter strips, street lighting, undergrounding of overhead electrical facilities and storm water management facilities. It is being requested that the TIB combine Phases 1 and 2 into a single project for more efficient and cost effective project administration, design and construction. EXHIBITS: Map RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City's matching share for this grant will be paid out of Local Improvement District No. 363 payments and storm drainage funds. We also anticipate utilizing B&O funds as needed for pavement replacement and Transportation Impact fees as they become available following the SE 256th Street project. This page intentionally left blank. Y Y( ^� r ,d„ �J jf ». .,. NC7ORT�{,... i 70 Project Location SCALE ` In in V� i 'b� j ,,, I N516 �ll.l`wl f,' i .a� )J llr 16 SiS i. 1f cc g6° r x d'i6 ,, 167 , xhf ✓3"i p r�� � ,,, step �' P 6,..fi _. ^ Slie Tdl� aw� ,��. I ii r �r i 212 St a� 1 �, '"�' ,x' �Phase III' mot" niiri ire i�ar i[[S manm,✓irn •^erin/�.�l..iiial iiiii i/,1'y 6 ...,.. , ^ •»..... °wmE+�'r'. Phase III; �n rn'!; n .... , . Owl .», 1 I�PdA U i U ...,. » aye ,k Ls7ro�e..,..... ir<y�� ir Phase I n �� r ggIlb J� ),�/,�� z 1J 50 N �Op`r�a-.Skr4�rul r :�• ., 4r, .. . e.,.. l j/ t U . ". On r4 � � ,e yff � .�rt• Soulth 224th / 228th Street NORTH sw M 0 556Faet Corridor Extension Project I EMT This page intentionally left blank. KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: January 21, 2014 SUBJECT: Washington Auto Theft Prevention Authority (WATPA) PATROL Task Force 2013-2015 Grant - Accept MOTION: Authorize the Mayor to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. SUMMARY: The biennium Washington Auto Theft Prevention Authority (WATPA) grant was awarded to Prevent Auto Theft through the Regional Operational Links (PATROL) Task Force. The grant was submitted by the Federal Way Police Department, and the Kent Police Department will be the fiscal manager for the funds. The PATROL Task Force is comprised of South King County law enforcement agencies, the King County Prosecutor's Office, and two North Pierce County police agencies. This $74,983 grant funds additional police salaries and personnel benefits. EXHIBITS: WATPA award letter to Federal Way, dated November 1, 2013 and grant program award sheet; Agreement between Federal Way police and WATPA; Initial WATPA award letter to Federal Way, dated July 15, 2013 and grant program award sheet RECOMMENDED BY: Public Safety Committee YEA: Ralph, Thomas, Berrios NAY: BUDGET IMPACTS: The funds are awarded on a reimbursement basis, so there is not budget impact. This page intentionally left blank. WASHIN N AUTO THEFT PREVENTION AUTHORITY WASHING I ON ASSOCIAI ION OP SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE,Suite 101 —Lacey,W A 98516—Phone:(360)292-7900--Fax:(360)292-7269—Website:httpU/watlm.waspe,org "Preventing and reducing motor vehicle thefts in the State of Washington. " 'fpwlintnmki.o llaA PRmgb�Au9!InYp November 1, 2013 Chief Brian Wilson Federal Way Police Department 33325 8thAve. S Federal Way, WA 98003 Dear Chief Wilson: The Washington Auto Theft Prevention Authority (WATPA) Board of Directors recently reviewed your request to revisit the original grant funding regarding the King County Prosecuting Attorney (KCPA) salary/benefits that was part of the Federal Way Police Department's (PATROL) grant request for the 2013-1015 biennium. The board recently approved $74,983.00 in additional salary and benefits for the KCPA position. l nclosed is an amended award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Agencies are reimbursed for actual expenses only up to the limit of the award categories. After October 15, 2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. If you have any questions, please contact me at 360-292-7959 or via e-mail at mpainter rdwaspe.org. Sincerely,, Michael Painter, Executive Director Washington Auto Theft Prevention Authority mn.dunxv,n Aum TheJi Prel rnno„ Amhudly JOIN RA1181E EMIL DAMMEL HARVEY WESDAL KEN HOBENBERG RICK SCOTT '. Chid WASImr Parrot hwon,,,Mdn.nry Shrr(Q--CbngGuCn ly Chfef ![rune.WA 5'h erlf/-Grays nnrbor JOIN MARTIN MITCR BARKER DAN'SATERRERO BOB LFT MERLE FFIEFRR G,,m1Nihhc F.,wh,Dbmlw-WAW Pnn,wiig A.,oruey-Km,Comy (h,,f-Auhwn PonomobNr frrdunih MICHAEL.PAINTER Gx ,d,rOb mro, IYATPA AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENHON GRANT PROGRAM AWARD SHEET AAYIt IV DED I, Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way, WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013 —06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO THEFT PREVENTION AUTHORITY 7. Amount Approved: 8. Service Area: $1,689,083.00 King/Pierce Counties 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1 ,263,613.00 206,485.00 1 ,087,580.00 B. Employee Benefits 548,176.00 62,371 .00 464,127.00 Overtime (not to exceed 2% C. of grant request) 39,450.00 0.00.. ........... D. Consultants/Contracts 7,400 00 0.00 4,000.00 E Travelffraining 29,175,00 500.00 20,000.00 _. __._.... _ _..... ..... 1. F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.00 0.00 H. Public Outreach 16,000.00 0.00 16,000.00 FINAL 1,986,944.00 2.91,356.00 1,689,083.00 II AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THF,FT PREVENTION GRANT PROGRAM AWARD SHEET IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, mid in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. WATPA RECIPIENT i Name/ Michael Painter Name/ Title WATPA, Executive Director Title , '-;'. I J.G-4/lvkj Ch,z/ Date: - -- Date: i i WASHINGTON AUTO TIIEFr PREVENTION AUTHORITY WASIIINGTON ASSOCIATION OF SHERIFFS AND POLICC CHIEFS 3060 Willamette Drive NE,Suite 10l—Lacey,WA 98516_Phone:(360)292-7900--Pax:(360)292-7269--Weleate:http://",atpa.waspe.org "Preventing and reducing motor vehicle thefts in the State of i'Vashington." p,,ILas rgmnA bTholl Pre¢IiwnA I rll i "SIltfl�gRmFlIronmp July 15, 2013 Chief Brian Wilson Federal Way Police Department 33325 8th Ave. S Federal Way, WA 98003 Dear Chief Wilson: I I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of Directors has approved the Federal Way Police Department's grant application for funding the PATROL task force for the July 1, 2013-June 30, 2015 biennium in the amount of $1,614,100.00. Please know that the WATPA Board has discontinued funding of bait car programs. Enclosed is an award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. WATPA funds cannot be reimbursed until the signed agreement is received, Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up to the limit of the award categories. All grant applicants are required to submit a non-supplanting declaration to WATPA before funding requests will be processed. After October 15,2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. An updated quarterly report will be available on the WATPA website after September 15,2013. If you have any questions,please contact me at 360-292-7959 or via e-mail at mpainter<@wasDc.orc. Sincerely, Michael Painter, Executive Director Washington Auto Theft Prevention Authority IPeeshLrg/nn.InMTN ll Prercnllnn ' ,Orthod(y JOIIN DATISTE EAIIL DAMAIEL HARVEY G.IESDAL KEN HOHENRERG RICKSCOTT Chl,f IPA Slam&.l lrLurnnre 1"halry S llff Dolglnr Comny Chlef.Ken.....kk 5'h,,Iff Grille Hnrbar VACANT AI ITCH HARKER DANFA'I'TERRERG BOB I,CE MERIX PFIF,FER Genernl Puhlla tGeowlvc lJlrenar-H'ANYC I'rarcWIll All,",,,-Khl0,wrr Ghby-AN""l A. by,1.1u1, MICHAEL PAINTER Rrannhx DUeemr-IATPA AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THEFT PREVENTION GRANT PROGRAMAWARD SHF,ET 1. Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way,WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013—06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO TI3EFT PREVENTION AUTHORITY 7. Amount Approved: 8. Service Area: $1,614,100.00 King/Pierce Counties i 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1,263,613.00 206,485.00 1 ,032,432.00 B. Employee Benefits 548,176.00 62,371 .00 444,292.00 Overtime (not to exceed 2% C. of grant request) _ 39,450.00 0.00 28,946.00 D. Consultants/Contracts 7,400.00 _ 0.00 4,000.00 i E. Travel/Training 29,175.00 500.00 20,000.00 F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.00 0.00 H. Public Outreach 16,000.00 0.00 16,000.00 FIN 986,944.00 291,356.00 1,614,100.00 This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: January 21, 2014 SUBJECT: Ordinance Amending Kent City Code Chapter 9.02 to Establish Lewd Conduct - Adopt MOTION: Adopt ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. SUMMARY: Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. This ordinance will protect the public health, safety and welfare. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee YEA: Ralph, Thomas, Berrios NAY: BUDGET IMPACTS: N/A This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. RECITALS A. Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. B. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. C. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult 1 Amend KCC 9.02 Lewd Conduct Ordinance entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. D. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. E. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. F. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and 2 Amend KCC 9.02 Lewd Conduct Ordinance which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. G. This ordinance will protect the public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Chapter 9.02 of the Kent City Code is hereby amended by adding new sections 9.02.295, 9.02.296 and 9.02.297 as follows: Sec. 9.02.295 Definitions. The following words and phrases, wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300 and 9.02.310, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A. Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constitution. B. Known prostitute, a person known to patronize prostitutes, or a person known to advance prostitution means a person who within one (1) year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been convicted of an offense of 3 Amend KCC 9.02 Lewd Conduct Ordinance prostitution, patronizing a prostitute, prostitution loitering, permitting prostitution, or promoting prostitution whether or not such conviction occurs under the Revised Code of Washington or comparable laws of municipalities in the state of Washington. C. Patronizing a prostitute shall have the same meaning as set forth in RCW 9A.88.110 as now enacted or later amended or recodified. D. Prostitution means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange of any item or service, or promise, but does not include sexual conduct engaged in as part of any stage performance, play, or other lawful and properly licensed entertainment open to the public. E. Public place means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment or sell product, and the windows, doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age. F. Public place provided or set apart for nudity means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose 4 Amend KCC 9.02 Lewd Conduct Ordinance membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home. G. Sexual conduct shall mean "sexual intercourse" or "sexual contact" as defined in RCW 9A.44.010 as currently enacted or later amended or recodified. H. Walking or otherwise conducting oneself in a sexual manner shall mean the swaying of hips, drawing attention to one's buttocks, legs, or breasts, grabbing oneself in the genitals or breasts, blowing kisses, or using one's body or any part thereof to simulate sexual conduct. Sec. 9.02.296. Lewd conduct A. A person is guilty of lewd conduct if, in a public place and under circumstances where such conduct is likely to be observed by a member of the public, the person intentionally: (1) Exposes any of his or her body parts without a full and opaque covering: (a) Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft; (b) Any part of the areola or nipple of the female breast; or (c) More than one-half of the part of the female breast located below the top of the areola; 5 Amend KCC 9.02 Lewd Conduct Ordinance (2) Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered; (3) Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed with the intention of sexual arousal or one's self of others; (4) Masturbates; or (5) Engages in sexual intercourse or sexual contact as those terms are defined in chapter 9A.44 RCW. B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section. C. This section shall not be construed to prohibit: (1) The act of breastfeeding or expressing breast milk; (2) Classes, seminars, and lectures held for serious scientific or educational purposes; (3) Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in chapter 5.10 KCC or other law; (4) Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to chapter 5.10 KCC; 6 Amend KCC 9.02 Lewd Conduct Ordinance (5) Conduct of licensed employees working in adult businesses operating pursuant to chapter 5.10 KCC, provided the conduct is not exposed to a person under 18 years of age; or (6) Conduct of a child under 10 years of age. D. Lewd conduct is a misdemeanor. Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.296. Facilitating lewd conduct is a misdemeanor. SECTION 2. — Amendment. Sections 9.02.300 and 9.02.310 of the Kent City Code are hereby amended as follows: Sec. 9.02.300. Prostitution Loitering A. A person is guilty of prostitution loitering if he or she a publ+e plaEe and intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute. B. Among the circumstances which may be considered in determining whether the actor intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she: 1. Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation; 7 Amend KCC 9.02 Lewd Conduct Ordinance 2. Repeatedly stops or attempts to stop occupants of a motor vehicle or motorcycle by hailing, waiving, or beckoning to the occupants using words or conduct, or attempts to obtain the attention of the occupants by walking or otherwise conducting oneself in a sexual manner; 3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts, or attempts to stop pedestrians; 4. Circles or repeatedly returns to an area known by the police as an area of prostitution; 5. Is a known prostitute, a person known to patronize prostitutes, or a person known to promote, permit, or advance prostitution; 6. Inquires whether another is a police officer, searches for articles that would identify a police officer, or exposes his or her genitals or her breasts, or requests the other to touch his or her genitals or her breasts to prove that the other is not a police officer; or 7. Utilizes internet websites, publications or social media including but not limited to Backpage.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to commit the crime of prostitution or patronizing a prostitute. G. As used On this seEtmen: ieE0Cf ..doffTC d T1Cr 8 Amend KCC 9.02 Lewd Conduct Ordinance / / / geneFal and buildings epen te the C. The crime of prostitution loitering may be deemed to have been committed either at the physical location where the loitering occurred or at the location where the person agrees to meet someone they solicit for acts of prostitution as defined in RCW 9A.88. ieE'OC ..doffTC d TCr 9 Amend KCC 9.02 Lewd Conduct Ordinance 6. Walking or etherivise conducting oneself in a sewuai manner shall n9ean the swaying of hops, dFawing attention to one's buttedEs, legs, OF DE. Prostitution loitering is a misdemeanor. Sec. 9.02.310. Stay out of areas of prostitution orders. A. Findings. The high risk prostitution areas set forth in subsection (E) of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the city of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash, human waste, and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) of this section suffer a much higher incidence of prostitution-related crimes than other areas of the city B. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent municipal court to anyone charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pre-trial release. 10 Amend KCC 9.02 Lewd Conduct Ordinance C. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation. D. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. E. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas": 1. Pacific Highway South from the south side of South 272nd Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 3. South 240th Street from the 2700 block through the 3200 block, including all adjacent businesses. 4. Central Avenue North/84th Avenue South from Novak Lane to South 222nd Street, including all adjacent businesses. 11 Amend KCC 9.02 Lewd Conduct Ordinance 5. 83rd Avenue South from South 228th Street to South 224th Street, including all adjacent businesses. F. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, signifying that he or she has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's attorney appeared in person before the court. G. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Ch. 9.02 KCC and will subject the violator to arrest." H. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. I. Pursuant to Section 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) of this section are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting 12 Amend KCC 9.02 Lewd Conduct Ordinance travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs. SECTION 3. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY 13 Amend KCC 9.02 Lewd Conduct Ordinance PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Lew Conduct Prostitution.Docx 14 Amend KCC 9.02 Lewd Conduct Ordinance This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7L TO: City Council DATE: January 21, 2014 SUBJECT: 2012 Vehicle Detector Loops Project Completion - Accept MOTION: Accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: The 2012 Loop Replacement Project replaced damaged induction loops to improve traffic signal functionality at 24 signal locations. The original contract amount was $125,134.68. The final contract amount was $107,700.86. This project is now complete and ready for acceptance by the City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7M TO: City Council DATE: January 21, 2014 SUBJECT: 2013 Thermo Plastic Markings Project Completion - Accept MOTION: Accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: Crosswalks, railroad crossings, stop bars, and high occupancy vehicle (HOV) roadway markings are all done with thermoplastic material. Application of thermoplastic is dependent on good weather, so it is normally limited to the months of July through September. Public Works Operations crews have historically applied these markings and will continue to apply markings as time allows. However, they did not have available resources during the application window to meet the work load. Therefore, several locations (predominately within the valley), were identified to be included as part of a contracted thermoplastic project. This project consisted of installing 2,600 feet of plastic stop lines, 13,800 square feet of plastic crosswalk lines, and 56 each of plastic carpool lane symbols and 52 each of plastic railroad crossing symbols. The original contract amount was $226,510.00. The final contract amount was $211,519.50. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: Contract will be paid from Business & Occupation tax revenue. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7N TO: City Council DATE: January 21, 2014 SUBJECT: 2013 Vehicle Detector Loops Project Completion - Accept MOTION: Accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. SUMMARY: The project consisted of re-installing 99 traffic loops that were inoperable at various locations in the City. Loop reconstruction is necessary to provide more efficient traffic signal operations. The original contract amount was $125,532.50. The final contract amount was $100,846.78. This contract is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 70 TO: City Council DATE: January 21, 2014 SUBJECT: Hawley Road Levee Improvements Phase I Project Completion - Accept MOTION: Accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of constructing approximately 835 linear feet of levee including raising the existing Hawley Road, adjusting existing utilities, detention pond excavation and other miscellaneous work related to reconstruction and certification of the Hawley Road Levee. Phase II of this project is currently under construction and will be completed later this spring. The original contract amount was $543,926.51. The final contract amount was $397,356.95. Phase I is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded through a combination of a state grant, and City drainage funds. The state grant reimbursed the City roughly $900,000 for the costs of the Conditional Letter of Map Revision incurred after July 1, 2011 and all design and construction costs for the same time period through June 30, 2013. This item did not have to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7P TO: City Council DATE: January 21, 2014 SUBJECT: Horseshoe Bend and Upper Russell Road Levee Plantings Project Completion - Accept MOTION: Accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of the installation of approximately 15,600 native plants in a stream buffer, wetland, new stream channel and live stake planting area. The plants varied from trees in five gallon size containers to herbaceous plugs. This work was required to provide mitigation for impacts caused by the City's secondary levee construction projects. The original contract amount was $87,472.62. The final contract amount was $94,865.81. This project is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: The Horseshoe Bend portion of the project was paid out of the $10,000,000 State Grant. The Upper Russell Road portion of the project was paid for out of the City's stormwater utility. This item did not need to be brought to Committee. This page intentionally left blank. KENT ^'^ Agenda Item: Other Business — 8A TO: City Council DATE: January 21, 2014 SUBJECT: Council Position No. 6 — Appointment Process MOTION: No motion at this time. SUMMARY: On January 16, 2014, Councilmember Ken Sharp announced his resignation of Council Position No. 6. Council President Dana Ralph will present the process to fill the position vacated by former councilmember Ken Sharp. EXHIBITS: RECOMMENDED BY: Council President Dana Ralph YEA: NAY: BUDGET IMPACTS: N/A This page intentionally left blank. KENT Agenda Item: Bids — 9A TO: City Council DATE: January 21, 2014 SUBJECT: Briscoe-Desimone Levee Improvements, Reaches 2 and 3 Bid - Award MOTION: Authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $6,709,555.56 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Briscoe-Desimone Levee is located along the east side of the Green River between S. 180th Street and S. 200th Street. The levee straddles the border between Kent and Tukwila providing flood protection for the Cities of Kent, Tukwila and Renton. Levee certification studies conducted in 2010 indicated that four areas of this levee require improvements to meet federal levee safety standards. Reaches 2 and 3 of this levee are located between S. 189th Street and S. 194th Street. Reaches 2 and 3 will be constructed first, followed by Reaches 1 and 4 in 2015. In 2011, the city, King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of District funds and assigned responsibility for design and construction of the project to the City of Kent. Bid opening for this project was held on January 16, 2014 with 10 bids received. The lowest responsible and responsive bid was submitted by Tapani, Inc. in the amount of $6,709,555.56. The Engineer's estimate was $8,452,467.11. The Public Works Director recommends awarding this contract to the low bidder. EXHIBITS: Memorandum, dated 1/16/2014 RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte, P.E., Public Works Director N.147 KENT Address: 220 Fourth Avenue S. bVPSAINO-0N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: January 17, 2014 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Briscoe-Desimone Levee Improvements Reaches 2 and 3 Bid opening for this project was held on Thursday, January 16, 2013 with 10 bids received. The lowest responsible and responsive bid was submitted by Tapani, Inc. in the amount of $6,709,555.56. The Engineer's estimate was $8,452,467.11. The Public Works Director recommends awarding this contract to Tapani, Inc. Bid Summary 01. Tapani, Inc. $6,709,555.56 02. IMCO General Construction $7,566,558.95 03. SB Structures, LLC $7,638,924.66 04. Rodarte Construction, Inc. $7,725,348.19 05. Quigg Brothers, Inc. $7,797,561.80 06. Icon Materials $8,266,699.22 07. Frank Coluccio Construction Company $8,323,214.36 08. Rognlin's, Inc. $8,347,257.89 09. Atkinson Construction $8,462,037.63 10. Tri State Construction, Inc. $9,231,146.20 Engineer's Estimate $8,452,467.11 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION CITY OF KENT City Council Meeting Agenda I�� mt U r rt j � r m January 21 , 2014 Mayor Suzette Cooke Darla Ralph, Council President Couneilr embers Jim Berrios Bill Boyce Dennis Higgins Deborah Ranniger Les Thomas s we CIFY CLERK y � This page intentionally left blank. KENT CITY COUNCIL AGENDAS KENT January 21, 2014 w s v ro Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5:30 p.m. Subiect Speaker Time Council Retreat Dates Council President Dana Ralph 5 min ICS 402 Training Dominic Marzano 5 min B&O Tax Amendments Robert Nachlinger 50 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 Jim Berrios B. Public Recognition 1. Kent Parks Foundation Donation 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent C. Community Events D. Introduction of new Arts Commission Appointee, Jennifer Treese E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARINGS 6. PUBLIC COMMENT 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Appointment to Arts Commission — Approve (Continued) COUNCIL MEETING AGENDA CONTINUED C. King County Solid Waste Division Waste Reduction & Recycling Grant — Approve D. Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant - Approve E. Contract with Olympic Environmental for 2014-15 Residential Recycling Collection Events - Approve F. SR 516 to S 231st Way Levee North Reach Improvements, Change Order No. 1 - Approve G. Central Avenue South Improvements Federal Grant - Accept H. Kent Interurban Trail Connector Project Grant - Accept I. South 224th Street Improvement, Phase 2 Transportation Improvement Board (TIB) Grant — Accept J. Washington Auto Theft Prevention Authority (WATPA) Patrol Task Force 2013-2015 Grant — Accept K. Ordinance Amending Kent City Code Chapter 9.02, Lewd Conduct — Adopt L. 2012 Vehicle Detector Loops Project Completion — Accept M. 2013 Thermo Plastic Markings Project Completion — Accept N. 2013 Vehicle Detector Loops Project Completion — Accept 0. Hawley Road Levee Improvements Phase I Project Completion — Accept P. Horseshoe Bend and Upper Russell Road Levee Plantings Project Completion — Accept 8. OTHER BUSINESS A. Council Position No. 6 — Appointment Process 9. BIDS A. Briscoe-Desimone Levee Improvements, Reaches 2 and 3 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. co m 0 n n < `< s a �. m m n M a s C co G ° j d vmi ° n' O d • � o ooi` 3a m m '^. a a m nm a no 0 a M d my m m mQ d O V,1 Z '-J' N W � m � 4j °'0 � � d 0 tt. nn Vl JO � Op_� am CO n m Q T` m T. 01 m a a � a ,01. � m °' s S • 0 m m m C m 0 ° S ° A. - O `G m m d 4 0 rt m J o m o _. rt < n m m o rt n m c m n n 4 rt M O �; a J J O _0 m '< d n • N m < O N R J p C ] N N C N O (l n -T` o m a < o rt m M. w, Ul m 01 m � n m m o m a m d a � a s a a m a 0 o N J � lIi J m n 7 N 7 G n m y F+ (7 In p� UI rt m N Dm O GG Q 0 n rt D O n Z V � 'O O m O Ul m N n OJ d N m O m OO CH W U N w m O J C O tt a 1 7 N • J 3 N ti n m n 0 G �Ip � v m c �• m U4 M m 2 V m O O � m 3 0 v 3 0 v i m a m 3 m O v 3 d O n s o o D o o m m a o o n ° D - o m s D D s m s m a cP m J Q m Q 3 o m a Q d m 3 ( 0 m o C rt 3 3 m 3 a C O a C1°. m W = d rt m a ° m0 aQ ° H am � 3 0aJnm33J '^ mnnZ � 01Jn mMC G 1 m J -n n n �' um n M -° a < m 1 n 01 m Q s 0 1 s :� 3 m n 1 D m a 01 0 1 m m m m m O r -°o m m m J = N m o = • � , d oJ • RD � QJ = a. xm art. =. 3 ' � S � 33n . m'< o � m a O !^. am ''�. -a Sn � � � c w � � N m m � � D aQo m3 0 � � a � m n � 6� m � � m � M v. o moms aJ � D ns ' � � mumJ � m ; .°o3 � C mn � rtn 03 m N S = 3 ``G J C m Z 3 m N N O n m ° O O N Z n °' 3 a 3 om W W C °� O S N vmi S O O 3 (' -M O m m m m C O d 1 O J n H Y Y j n m d m W d ° O -° d m 1D a 3 n o n s m m m a °- mG r .. d n 1° D aim -oo ,'� 37 Z; n n � nW m1mD ° " 3 � s � n ^ ON moon ° ° J °' Cm a - 3 m G a (D m 3 a 3 - m 3 , C 3 a - J 3 a (DC d J Q m ° � n m C m m _ 0 7 _ 3 3 C y 'm Ammo 3 0 o 'n a °- ,J'.o o_ D rt a m m S (D m m o m Q m m n � o m m _ oO M a m �O m e m c v m . O W'�° C 0 0 � 0 'a�' On � ^ 3 m J M m M 'm a a n n n P 3 m a ? m C a ? d c D D m: • 'm^ j 3m .. m � ' � 3Commn omm � ort3 m, sn m S J o d an (D J3 o3 m 3 a ° 0 o < d O d av - - 0m m -mo • y an d �a n o n � � a o J- n � '" 1° m m m m 3 I -O an d N d m m C O C W ` ``m n O " J m J d J N N m tt. o m U m m mo o o m d zo 0 a Ooa s O N m .r 30 O J N Jn m o n o ? DO a n C a m O J _. N M M c O C N S y n J m .� N S m 0 C n O O O_ J a m 10 _. N S m N .� - O This page intentionally left blank. CHANGES TO THE AGENDA Citizens wishing to address the Council will, at this time, make known the subject of interest, so all may be properly heard. A) From Council, Administration, or Staff B) From the Public This page intentionally left blank. PUBLIC COMMUNICATIONS A) Oath of Office, Councilmember Jim Berrios B) Public Recognition 1. Kent Parks Foundation Donation 2. Award for Men's "E" Western National ASA Softball Tournament to the City of Kent C) Community Events D) Introduction of new Arts Commission Appointee, Jennifer Treese E) Public Safety Report F) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through E. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the regular Council meeting of January 7, 2014. This page intentionally left blank. KENT Kent City Council Meeting January 7, 2014 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Boyce, Higgins, Ralph, Ranniger, Sharp and Thomas. CHANGES TO THE AGENDA A. From Council, Administration, Staff. Council President Higgins added item F to the Consent Calendar, an excused absence for Councilmember Berrios. B. From the Public. None. PUBLIC COMMUNICATIONS A. Oath of Office. City Clerk Ronald F. Moore swore in Suzanne Cooke as the Mayor, Dennis Higgins as Councilmember, Position 4, Ken Sharp as Councilmember Position 6, Karli Jorgensen as Municipal Court Judge Position 1 and Glenn Phillips as Municipal Court Judge Position 2. B. Council President Election. Councilmember Thomas moved to elect Councilmember Dana Ralph to the position of Council President, seconded by Council President Higgins. Councilmember Higgins spoke in support of the motion. A vote was taken on the motion on the table to elect Councilmember Dana Ralph as the Council President. Motion carried 6-0. Council President Dana Ralph thanked the Council for their electing her to the position and thanked former Council President Higgins for his work as past council president. She thanked the residents and stated she will be available for questions and concerns. She said her biggest goal is to ensure open communications between businesses, residents, staff and the Council. Mayor Cooke stated she is looking forward to working with Council President Ralph. C. Council Committee and Liaison Appointments. Council President Ralph made the following appointments: Economic and Community Development Committee Chair: Councilmember Boyce, Members: Councilmembers Higgins and Berrios Parks and Human Services Committee Chair: Councilmember Ranniger, Members: Councilmembers Higgins and Sharp Public Safety Committee Chair: Councilmember Berrios, Members: Council President Ralph and Councilmember Thomas Public Works Committee Kent City Council Minutes January 7, 2014 Chair: Councilmember Higgins, Members: Council President Ralph and Councilmember Sharp Operations Committee Chair: Councilmember Thomas, Members: Council President Ralph and Councilmember Boyce Council President Ralph also communicated additional appointments and named Councilmembers Boyce, Higgins, and Thomas to the Regional Fire Authority. She appointed Councilmember Boyce to the Lodging Tax Advisory Board, Councilmember Thomas to the Firemen's Relief and Pension Board, Councilmember Higgins to the Human Services Commission, and said she would represent the Council on the Arts Commission. D. Public Recognition. Mayor Cooke communicated that Mike Heinisch is the 2013 Kent Reporter, Kent Citizen of the Year. She stated that he knows everyone and is an avid baseball fan. Heinisch said he is honored to work for and with the City of Kent, the Kent Food Bank, and Kent Family and Youth Services. Mayor Cooke thanked SGT Robert Constant and his police traffic unit for coming out early and assisting drivers during the snow on the morning of December 19. Additionally, she communicated that a truck struck and knocked down a traffic signal pole on Kent Kangley early in the morning on December 18. She highlighted the ingenuity of two Public Works staff, Mike Sorenson, Senior Signal Traffic Technician and Jay Crisostomo, Traffic Technician. They cut, designed, and installed an interim traffic signal prior to the snow storm and commute that morning. Council President Ralph thanked Jay and Mike for their work in fixing the traffic signal. Council President Ralph wished a happy birthday to her son on his 14th birthday. E. Community Events. Councilmember Ranniger communicated that "YOU-ME-WE" will be on January 24 at the ShoWare Center. She discussed the various fun events for children and their families. Council President Ralph communicated that on January 24 at 7:30 p.m. the Arts Commission Spotlight Series is presenting the California Guitar Trio and the Montreal Guitar Trio at the Kent Meridian Performing Arts Center. Mayor Cooke communicated that the Kent School District Technology Expo is on Tuesday, January 14 from 6:00 - 8:30 p.m. at the ShoWare Center. F. Proclamation against Human Trafficking. Mayor Cooke read the proclamation, proclaimed January as Human Trafficking Awareness Month, and presented the proclamation to Lorna Rufner. Police Chief Ken Thomas communicated that the police department takes human trafficking seriously and stated that the FBI asked the Kent Police Department to assist in the Puget Sound effort against child exploitation in the region. He noted that Detective Dvorak is running that task force. Ms. Rufner thanked the Mayor and Council and highlighted her organization called the Southeast King 2 Kent City Council Minutes January 7, 2014 County Coalition Against Trafficking. She communicated their mission and when their meetings are. G. Introduction of new Arts Commission Appointee. Mayor Cooke introduced Elena Luna. Luna discussed why she wanted to be on the Arts Commission and be involved in the arts in Kent. She introduced her family to the audience. H. Intergovernmental Reports. Council President Ralph communicated that Regional Law Safety and Justice will meet in January to discuss implementation and how things are going with I-502. Councilmember Boyce communicated he will be attending the Sound Cities Association (SCA) Public Issues Committee (PIC) meeting on January 8 at 7:00 p.m. at Renton City Hall. Councilmember Higgins communicated that next Wednesday there are two Sound Cities Association meetings. He stated that he will be elected to the board of directors at the 10:00 am meeting next Wednesday, January 15 and there will also be a Regional Transit Committee meeting later that day. PUBLIC HEARINGS 1. Six-Month Mariivana Zoning and Business License Moratorium. Mayor Cooke communicated that on November 19 the Council adopted Ordinance No. 4094 that established a six-month marijuana zoning and business license moratorium prohibiting the establishment, location, operation, licensing, maintenance, or continuation of marijuana processors, producers, and retailers claiming authorization under Chapter 69.50 of the Revised Code of Washington or any other law of the State of Washington. She noted that state law requires that a public hearing be held on the moratorium within 60 days of adoption. She noted that the ordinance has already been adopted by the Council. She stated that the ordinance established that January 7, 2014 be the day for the public hearing. Acting City Attorney Pat Fitzpatrick communicated that this item has been before the Council several times. He noted that on June 5, 2012 the Council adopted an ordinance prohibiting medical marijuana and collective gardens. Back then, he stated the issue was surrounding whether medical marijuana, collective gardens, and dispensaries were legal businesses. With that, the Council passed zoning code policies prohibiting all of them. On November 6, 2012, the voters adopted Initiative 502 concerning recreational marijuana and it allowed for the possession of small amounts of recreational marijuana and created a system for manufacture, production, and retail sale of marijuana. He stated that the process is going on now where the Washington State Liquor Control Board has established a method for this, which includes where it can be produced and sold. He added that the state can issue up to three licenses for retail sale in Kent with no limitation on processing facilities. He continued that the only land use regulation is a 1,000 foot buffer to schools, churches, and parks, etc. In November, he said there was a proposal for a moratorium to deal with the ongoing conflict in federal and state law. Federal law communicates that marijuana in any form is illegal so until that changes the Council has made a policy decision that there will be no marijuana land 3 Kent City Council Minutes January 7, 2014 uses or businesses in Kent. He added that the moratorium was passed on November 19 and a public hearing needed to be heard within 60 days. He noted that the current moratorium expires on May 27, or earlier unless the Council adopts language for permanent zoning. He discussed local marijuana legislation and said Renton passed a moratorium on November 4, Covington hasn't addressed the issue of recreational marijuana but has passed their fourth six-month moratorium on medical marijuana, Auburn has passed a one-year moratorium on recreational marijuana in September 2013, Federal Way passed a one-year moratorium on November 5, 2013, and the City of SeaTac has permanent code language that states that marijuana usage is a federal offense. Tukwila, he said, has language that zones marijuana use in a small area on the border of Kent, but the land owners won't sell property to any retail marijuana operations. Councilmember Boyce verified that the liquor control board by law determined that Kent could have three retail licenses in the City. Fitzpatrick also communicated that the liquor control board hasn't determined if all of the businesses are viable, just that they have applied. He also added that the liquor control board hasn't determined where the manufacturing facilities can be, just that there is a limit on the number that the entire state can have. He said the purpose of the ordinance is to determine whether the City will or won't accept licenses through the state and be permitted in Kent. Councilmember Sharp asked for the marijuana status in Burien and Des Moines and Fitzpatrick replied he didn't know what those cities have done on this issue. Councilmember Higgins verified that the legal department is still measuring time spent on this issue. Council President Ralph moved to recommend the Mayor open the public hearing concerning a six-month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by Councilmember Higgins. Motion carried 6-0. A. Chris Kealy, Tacoma — Kealy stated that he has applied to be a producer/processor in Kent. He communicated that the license period opened on November 18 and ended on December 19 or 20. He said he inspected the list and based on his research there are two businesses that are in the running to really be producer/processors in Kent and that he isn't interested in the retail side. He communicated that his company intends to operate inside the state regulations on how processing plants are to be run. He stated that he has already leased 23,000 square feet in Tacoma and is building a building in Kent. Mayor Cooke verified that Mr. Kealy registered his business under the name "Spinning Heads, LLC." Councilmember Thomas communicated that the marijuana would be produced, processed, and it has to be sold retail somewhere. Kealy discussed prohibition and how it relates to marijuana. 4 Kent City Council Minutes January 7, 2014 Councilmember Higgins thanked Kealy for testifying and verified with him that he is spending $8 million and another $12 million to hire 102 people to work in the facility. Furthermore, he said he will have an estimated $10 million in expenditures every year in Kent if his facility opens. Councilmember Higgins confirmed that there would be no odor or signage on Kealy's property. Kealy also said that there would be eight trucks a day going in and out of the facility and 102 employees coming and going from work. Councilmember Higgins inquired about the revenues from a producer/processor to a city. Kealy replied that cities aren't getting a sufficient cut on the revenues from these. He stated that the revenues to a city would be less than $100,000. Councilmember Higgins verified that his Tacoma facility is 23,000 square feet and only has 40 employees. He said it is a backup plan if the facility in Kent isn't built. Kealy communicated that Tacoma understood I-502 and allocated areas in Tacoma where producers could setup. Kealy verified to Councilmember Thomas that there would be 102 employees at his facility in Kent. Councilmember Sharp inquired about security issues. Kealy replied that he has a military-based driver group to drive armored cars so the product is secure. He said there is a gate at the front of the property and intruders will be met with resistance. He noted that they aren't talking about weapons, but electronic-based intrusion mechanisms. He stated that he would ask for assistance from the police department if his facility is approved. Mayor Cooke verified the address of the proposed facility. Council President Ralph inquired about the vulnerability of the business and Kealy communicated that most vulnerability occurs when the product is being moved. Councilmember Thomas communicated that the address is close to the church and school. Kealy replied that they are far enough away from both. Councilmember Thomas communicated that if they produce it and process it, it has to be sold retail somewhere in the public. B. Christine Masse, Seattle — Masse introduced herself as the personal and business attorney for Kealy. She communicated that she wants the option to allow this use under the Kent City Code to remain open. She said Kent has a chance to be a leader in this and offered herself and Mr. Kealy to work with the City staff to come up with creative options. She also stated that she would be interested in assisting the city in getting some of the revenues into the city. Mayor Cooke noted that Des Moines has approved the retail sale of marijuana. 5 Kent City Council Minutes January 7, 2014 Councilmember Higgins inquired about Masse and her work with Tacoma and she communicated that operations in Tacoma are up and running. This, she said, is an opportunity for Kent to regulate and make this legal and begin to move out those who are doing this illegally. Councilmember Higgins also verified with Masse that Seattle has banned marijuana sales in areas zoned as historical. She added that finding a 1,000 foot buffer is an issue in Seattle and there is a zoning plan. Councilmember Higgins thanked her for her input and felt the City will have to deal with it in a regulatory fashion sooner rather than later. C. Steve Manzanares, Kent — Manzanares communicated that he has applied for a grower/processor license. He communicated that in a 10,000 foot grow operation you would generate $361,000 in cannabis. He said there are a lot of tax revenues to be generated out of this. He stated that Kent wouldn't even know where the grows were if they were allowed. He stated that security wouldn't even be an issue. He stated that if this gets adopted there would be a switch in the economics and law enforcement where law enforcement would only have to deal with hard drugs. He stated there is revenue there and before it is judged the Council should investigate. He added that the City would obtain $30,000, five times a year in sales tax revenues. Mayor Cooke verified that Mr. Manzanares registered his business under the name "Organic Cannibis Coalition." There was discussion about sales tax revenues and Acting City Attorney Fitzpatrick communicated that the City doesn't get any sales tax revenues, just a small amount of B&O tax revenue. Council President Ralph moved to close the public hearing concerning a six- month marijuana zoning and business license moratorium in the city of Kent in accordance with state law, seconded by CM Thomas. Motion carried 6-0. PUBLIC COMMENT A. Gwen Allen-Carston, Kent — Allen-Carston discussed Kent Black Action Commission (KBAC). She thanked the police department, Council, and Mayor for their service. She discussed an event called "Barbershop Talks" for African-American men. She communicated that the core of the community is men and thanked the City of Kent for they do. Councilmember Ranniger verified that the event is on January 18 from 3:00 to 7:00 p.m. at the Senior Center. CONSENT CALENDAR 6 Kent City Council Minutes January 7, 2014 Council President Ralph moved to approve Consent Calendar Items A through F, seconded by Councilmember Thomas. The motion carried 6-0 and the following items were approved: A. Minutes of the workshop and regular Council meeting of December 10, 2013. B. Appointment of Arts Commissioner Elena Luna - Confirm. Mayor Cooke confirmed the appointment of Elena Luna to the Kent Arts Commission. C. LifeWise Assurance Company Contract for Individual and Aggregate Stop Loss Coverage - Authorize. The Mayor was authorized to sign the 2014 LifeWise Assurance Company renewal contract for individual and aggregate stop loss coverage, subject to terms and conditions acceptable to human resources and the city attorney. D. Group Health Cooperative Contract for Insured HMO Plan - Authorize. The Mayor was authorized to sign the 2014 Group Health Cooperative contract for the City's insured HMO plan, subject to terms and conditions acceptable to human resources and the city attorney. E. Delta Dental of Washington Administrative Services Contract for Self- Insured Dental Program - Authorize. The Mayor was authorized to sign the 2014 Administrative Services contract with Delta Dental of Washington for the City's self- insured dental program, subject to terms and conditions acceptable to human resources and the city attorney. ADDED ITEM F. Excused Absence. An excused absence for Councilmember Berrios who was unable to attend the January 7, 2014 council meeting was approved. OTHER BUSINESS None BIDS There were no bids. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. No report from Council President Ralph nor Councilmember Higgins. B. Mayor. Mayor Cooke thanked the Boeing employees for the "yes" vote and stated that it ensures the first and second 777x would be built here. She added that there are over 50 Boeing suppliers based in Kent. She said recruiting will begin for the chief administrative officer position. She applauded Brubaker for the work he has done and said she hopes he applies for the position and will strongly request that an outside firm be used for the recruitment process. 7 Kent City Council Minutes January 7, 2014 C. Administration. Tom Brubaker, Interim Chief Administrative Officer announced there would be ten minute executive session concerning potential litigation as authorized per RCW 42.30.110(1)(i). D. Economic & Community Development Committee. Councilmember Boyce communicated that there will be a meeting on Tuesday. E. Operations Committee. Councilmember Thomas indicated that the report was in the minutes. F. Parks and Human Services Committee. Councilmember Ranniger communicated that the next meeting was January 16. G. Public Safety Committee. Council President Ralph confirmed that the meeting time of the Public Safety Committee meeting will remain the same for now. H. Public Works Committee. Councilmember Higgins communicated that a $5 million grant was accepted at the Public Works Committee meeting for the 228th project from the State Transportation Improvement Board (TIB). He communicated that the corridor has received a great deal of funds and connects with the 509 corridor. He noted that this project is in the forefront as far as funding for this quarter. I. Regional Fire Authority. Councilmember Thomas reported that the Regional Fire Authority has a meeting on January 15 at 5:00 p.m. EXECUTIVE SESSION At 8:41 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for ten minutes to discuss potential litigation, per RCW 42.30.110 (1)(i). At 8:50 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION None. ADJOURNMENT The meeting adjourned at 8:53 p.m. Ronald F. Moore, MMC City Clerk 8 40. KF14 Agenda Item: Consent Calendar — 7B TO: City Council DATE: January 21, 2014 SUBJECT: Appointment to Arts Commission — Confirm MOTION: Confirm the Mayor's appointment of Jennifer Treese to the Kent Arts Commission. SUMMARY: Confirm the appointment of Jennifer Treese to the Kent Arts Commission for a four year term ending October 31, 2017. Jennifer Treese made application for appointment to the Kent Arts Commission to fill a vacant four year term. Jennifer's love of arts and history began over a decade ago, and since then she has been part of informal science and historical craft education for both children and adults. Jennifer was actively involved with the technical crew for small theater productions during her high school and college school years. Jennifer is as an aerospace engineer and recently completed her certificate in project management. She believes that science, art, and history enrich our lives and looks forward to serving our community on the Arts Commission. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. KENT ° Agenda Item: Consent Calendar - 7C TO: City Council DATE: January 21, 2014 SUBJECT: King County Solid Waste Division Waste Reduction & Recycling Grant - Accept MOTION: Authorize the Mayor to accept the Waste Reduction and Recycling Grant Contract in the amount of $89,835 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The King County Waste Reduction and Recycling grant is used to fund three Special Recycling and Collection Events for residents and businesses for the collection of hard-to-recycle materials, including appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris, concrete, and tires. The grant also funds activities and events associated with the Business Recycling Program, the Multi-Family Recycling Program, the purchase, distribution and promotion of products made from recycled materials, including compost bins and rain barrels, as well as the Christmas Tree Collection and Recycling program co-sponsored by Parks and the Boy Scout organization. EXHIBITS: Interagency Agreement for 2014 with King County RECOMMENDED BY: Public Works Committee YEA: Sharp, Ralph, Higgins NAY: BUDGET IMPACTS: The City will receive $89,835 in 2014. No match is required. This page intentionally left blank. 7 CONTRACT 45637583 INTERAGENCY AGREEMENT FOR 2014 i Between KING COUNTY and the CITY OF KENT This one-year Interagency Agreement"Agreement'is executed between King County, a Charter County and political subdivision of the State of Washington,and the City of Kent, a municipal corporation of the State of Washington,hereinafter referred to as "County' and "City' respectively. Collectively, the County and City will be referred to as"Party' or"Parties." PREAMBLE King County and the City of Kent adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and/or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and,services. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this Agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and/or experience gained through the grant program by the City will be shared with the County and other King County cities. L PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Kent by the County for waste reduction and recycling programs and/or services as outlined in the scope of work and budget attached as Exhibit A. 1 8 IL RESPONSIBILITIES OF THE PARTIES The responsibilities of the Parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and/or services as outlined in Exhibit A, The total amount of funds available from this grant in 2014 shall not exceed$89,835. 2. This Agreement provides for distribution of 2014 grant funds to the City. However, 2014 funds are not available until January 1, 2014, and 2014 funding is contingent upon King County Council approval of the 2014 King County budget. The County shall notify the City in writing of the funding status. 3. During this one-year grant program, the City will submit a minimum of one, but no more than four, progress reports to the County in a form approved by the County. Reports must be signed by a City official. These reports will include: a. a description of each activity accomplished pertaining to the scope of work; and b. reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement,prepared by the City's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of four(4)progress reports and requests for reimbursement during the one-year grant program, they shall be due to the County on the last day of the month following the end of each quarter - April 30, July 30, October 31 - except for the final progress report and request for reimbursement which shall be due by March 31, 2015. If the City chooses to submit the minimum of one progress report and request for reimbursement during the one-year grant program, it shall be due to the County by March 31, 2015. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5"'working day of January 2015, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work,but no later than June 30, 2015. 2 9 5. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County,the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 6. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting process, 7. During the performance of this Agreement, neither the City nor any Party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex,religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory,mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. i 8. During the performance of this Agreement, neither the City nor any Party,subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination, These laws include, but are not limited to,RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 9. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical. 10. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County,to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six(6) years after termination hereof unless penrtission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40,14. These accounts shall be subject to inspection, review or audit by the Comity and/or by federal or state officials as so authorized by law. 11. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2017. 3 10 12. The City agrees to credit King County on all printed materials provided by the County,which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and/or"text provided courtesy of King County Solid Waste Division." i 13, The City agrees to submit to the County copies of all written materials which it produces and/or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced;provided that the County credits the City for the piece. 14. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 15. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 16. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process. 17. This project shall be administered by Gina Hungerford, Conservation Specialist; 220 4th Ave. South; Kent, WA 98032-5895; TEL - (253) 856-5549; FAX—(253) 856-6500; Email— gh�=erfordO.ci.kent.wa.us, or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of$5,000 per year with the balance of funds to be allocated according to the City's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant finding to $10,000 per year. 4 11 2. The City of Kent`s budgeted grant funds for 2014 are $89,835. Unspent 2014 funds will not carry over to 2015. 3. Within forty-five (45) days of receiving a request for reimbursement from the City,the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and/or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and/or adequate description of each activity described in the scope of work for which reimbursement is being requested), and/or are not consistent with the scope of work and budget attached as Exhibit A. 4. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Kent" and/or "text provided courtesy of the City of Kent." 5. The County retains the right to share the written material(s)produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 6. The waste reduction and recycling grant program shall be administered by Morgan John, Project Manager of the King County Solid Waste Division. II1. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2014 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2014 and shall terminate on June 30, 2015. The City shall not incur any new charges after December 31, 2014. However, if execution by either Party does not occur until after January 1, 2014,this Agreement allows for disbursement of grant funds to the City for County-approved programs initiated between January 1, 2014 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section 11. A of the Agreement. 5 12 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. B. This Agreement may be terminated by either Party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty(30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds;and/or failure to provide grant related reports/invoices/statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1)the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2)the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either Party may have in the event that the obligations,terns and conditions set forth in this Agreement are breached by the other Party. V. AMENDMENTS This Agreement may be amended only by written agreement of both Parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and/or achieves the goals stated in the scope and falls within the activities described in the scope. VI. HOLD HARMLESS AND IINDEMNIF'ICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or issues whatsoever occurring from actions by the City and/or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits,penalties, losses, damages, or costs of any kind whatsoever(hereinafter "claims") brought against the County arising out of or incident to the City's execution of,performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report,film,tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade narme, and/or otherwise results in unfair trade practice. 6 13 VIL INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and/or subcontractors. The minimum limits of this insurance shall be$1,000,000 general liability insurance combined single limit per occurrence for bodily injury,personal injury, and property damage. If the policy has an aggregate limit, a$2,000,000 aggregate shall apply. Any deductible or self-insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C,unless Section VII.B, applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self-insured for any of the above insurance requirements, a written acknowledgement of self-insurance is attached C to this Agreement as Exhibit C. C. If the Agency is a Municipal Corporation or an agency of the State of Washington and is a member of the Washington Cities Insurance Authority(WCIA), a written acknowledgement/certification of current membership is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. III. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVEI3ABILITV If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason,found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 i 14 XI. NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104-3855 If to the City: Ms. Gina Hungerford, Conservation Specialist City of Kent 220 4th Ave. South Dent, WA 98032-5895 IN WITNESS WHEREOF this Agreement has been executed by each Party on the date set forth below: City King County BY (Title) Pat D.McLaughlin,Director Solid Waste Division I For Dow Constantine,King County Executive Date Date ft 15 Exhibit A King County Waste Reduction and Recycling Grant Program City of Kent 2014 Scope of Work A. Basic Information 1. City of Kent 2. Grant project manager: Gina Hungerford Conservation Specialist City of Kent 220 4th Ave. South Kent, WA 98032-5895 TEL - (253) 856-5549 FAX- (253) 856-6500 Email—ghwigerford@kentwa.gov 3. Consultant name: Paul Devine Olympic Environmental Resources 4715 SW Walker Street Seattle; WA 9811.6 TEL - (206) 938-8262 FAX- (206) 938-9873 Email—pauldevine@msn.com 4. 2014 Budget: $89,835.00 B. Scope of Work Task One; Recycling Collection Events A. Schedule—Events will be held in March, .Tune, and October, 2014 B. Task Activities © Total Number of Recycling Collection Event—Three ® Appliances • Refrigerators and Preezersd- • Ferrous Metals a Non-ferrous Metals • Concrete, Asphalt, Rock, and Brick"" N Tires+ • Mattresses+ Styrofoam 1 i i 16 • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Used Motor Oil • Used Motor Oil Filters • Used Antifreeze • Used Petroleum Based Products • Paper Shredding** • Electronic Equipment • Bulky Yard Debris* • Scrap Wood* *Collected in the spring (March and June) ** Collected in the fall (October) +User fees may apply. • The following educational materials will be distributed: • Information on City Recycling Programs. • Educational Materials produced by King County Department of Natural Resources and Local Hazardous Waste Management Plan. • Other educational materials as appropriate. • Event promotional methods • This event will be coordinated with King County and flyers will be sent to King County Solid Waste Division, and Kent households. • By distributing a promotional flyer through direct mailings. • By notices in City newsletters (whenever possible). • By posting a bulletin at City Hall and on the City cable channel (if available), K-Hold, and Facebook. • By publicizing the event through the King County Solid Waste Division Promotional Activities. C) Task evaluation. Event reports will include: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Event comments • Graphic or tabular comparison of 2014 volumes and vehicles with prior year's events. 2 17 D) Task Budget: $20,500.00 ISUdgert category Citz Staff Costs 1,500.00 1,500.00 3,000.00 6,000.00 ConwactoriblaTting Costs Lvent star uosts Collection/Hadhi Costs Wood Was Scrap a lances, etc. Toilet/Sink Collection $1 000.00 $0.00 $500.00 $1 500.00 ec ion r one an o se on Concrete $1,000.00 $0.00 $1,600.00 $2,600.00 vapor Shredding gyres attreses $1,600.00 $0.00 2,000.00 3,500.00 j yro oam se i t1treezeletc. Batteries 0.00 2,000.00 0.00 2,000..00 r n mg ai ing von u [as Other Ex enses -rentals,etc 2,000.OD 2,357.32 1,000.00 5,357.32 NOTE:Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. E) Task Performance Objectives: The City plans to send out approximately 47,000 promotional flyers to Kent households per event and publicize the events through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 250-300 tons of material from the local waste stream per year. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department and Washington State Department of Ecology may pay for event expenses as well. F) Task Impact Objectives: By hosting Recycling Collection Events, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has a.population of approximately 119,000. The City expects, based on past events, that 3,100-3,500 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 250-300 tons of material diverted from the local waste stream for recycling each year. In addition to diverting iaterials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs. The educational materials can enhance the luiowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. 3 I 18 Task Two: Business Recycling Program A) Task Schedule: 2014 B) Task Activities: Through continued recycling assistance to businesses, the City will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the commercial sector. The City will also work with the Kent School District to promote school recycling programs. Program Activities: 1)Kent Business Information Prepare, print, and coordinate distribution of a Kent Business Recycling Newsletter to all Kent businesses. The newsletter will be sent to Kent businesses two times a year. 2)Kent Business Assistance j To provide business recycling assistance to City businesses, the City will customize the King County Tool Kit with City information and send a City Tool Kit to all new Kent businesses each year with intro letter and offer of on-site visit. In the Tool Kit, the City hopes to work with the City recycler to include a coupon for free desk-side recycling containers from the hauler. In addition; the City will provide assistance to City businesses on an on-call basis. 3) Kent Business Recognition To provide Kent businesses with motivation to recycle, the City will implement the Kent Green Business of the Year Award. The City will work with the Kent Chamber of Commerce and past program information to seek out businesses that have put in place outstanding recycling programs and award up to three City businesses with awards. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. 4 19 C) Task Budget: $32,400.00 NBusiness e a egory Cost Total ses era and Gra hits $1 500.00 1 500.OD sts $1,600.00 1,600.00 mg costs , tance To include: Educational material dis n u ion Business consultationsreports $1500.00 $1500.00 Follow-up calls to businesses $1,000.00 $1,000.00 Program Promotion Business Reco nition Program Planninglimplemention 2,000.00 $2,000.00 rogram Promotion Other Costs $700.00 $700.00 Business Web Site Web Site Assistance Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. . D) Task Performance Objectives: 1) The Kent Business Recycling Newsletter will be sent to all Kent businesses two times a year. With regular information on recycling, City businesses will be able to take advantage of mew recycling services and divert more materials from the Kent waste stream. 2) Kent Business Assistance will provide new and existing City businesses with information and technical assistance on recycling and waste prevention. Consultant staff will include the information as requested in the King County business database. Summary program evaluation will include: the number of contacts made to businesses and their response rates to the offer of recycling technical assistance; .the number of businesses receiving information; and the number of businesses beginning or expanding recycling activities. 3) Kent Green Business of the Year Award will provide Kent businesses with motivation to recycle by recognizing Kent businesses that have put in place outstanding recycling programs. The purpose of the awards program will be to acknowledge City businesses with strong commitments to recycling and use their programs as examples for other Kent businesses to follow. E) Task Impact Objectives: By providing information, web site assistance, technical assistance, Kent can reduce the amount of recyclable material finding their way to the local landfill. The City of Kent has an employee population of approximately 62,000. In addition to diverting materials from 5 20 the City waste stream, providing information to Kent business provides an opportunity to distribute educational material on City and King County recycling programs. The technical assistance, web site assistance, recognition, educational materials can enhance .the knowledge of business and improve behavior in the purchase, handling, set-up, and disposal of recyclable materials. Task Three: Kent Multifamily Recycling Program A) Task Schedule: 2014 B) Task Activities: The task will include promoting waste reduction, participation in Kent multifamily residential collection programs for recyclables, distributing multifamily signs and bags, and promoting the purchase of recycled products by working with multifamily residents and property owners/managers. The City will: • Distribute multifamily educational brochures through direct mailings, City events; and door-to-door delivery. • Distribute multifamily signs for use at multifamily complexes for proper recycling of materials. • Providing on-site waste consultations and follow-up assistance. • Distribute multifamily educational brochures in Spanish and Russian(if available) through direct mailings, Recycling City events, and door-to-door delivery. C)Task Budget: $12,500.00 a i ami y u get a egory 2014 o a rovi a ssrs ance an o ow-up e , s e ss s ante s eo ram romotion The business program will be funded with use of Icing County WRR grant funds. Hourly rates for consultants are as follows: Project Managers-$75.00 and$78.50. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent by collection of more recyclable material in the City's multifamily sector. The City will continue to promote recycling in the Kent multifamily community by distributing educational brochures, signs, and recycling totes to multifamily managers and tenants. As City residents better manage their waste and recycle more, less recyclable material will end up in local landfills. This program will help the City of Kent reach its recycling goals. Kent multifamily web site enhancements and service will provide Kent multifamily owners and managers with tools to recycle by making the information easy to access and 6 21 convenient to use. The program will also help reduce paper, as more recycling information will be in an electronic format. E) Task Impact Objectives: With program promotion and technical assistance and web site assistance, Kent multifamily residents will have better knowledge of recycling. Recycling service to Kent multifamily properties is provided with garbage service and assistance will be provided on how to better use the service. By recycling more, City multifamily properties can reduce the amount of material ending up in the local landfill. Task Four: Compost/Worm Bin Distribution A) Task Schedule: Spring, 2014 B) Task Activities: a Total Number of Compost/Worm Bin Sales — 1-2. The City may distribute bins at the second spring event if stock remains. s Task Description - The City will implement two backyard compost bin distribution events in conjunction with Kent Recycling Collection Events. The City will: • Distribute subsidized backyard compost/worm bins and educational materials on grasseycling and backyard composting to Kent residents. Residents will be charged a user fee for bins of$25.00. ® Promote the program through the City of Kent website and event flyers. ® Purchase and distribute approximately 120 worm bins. The City has approximately 100 compost bins in storage for distribution in 2014. C) Task Budget: $6,100.00 ESTIMATE® COSTS 2014 2014 Total City Staff Cost $800.00 $800.00 Administration and t1upplies . orage ana Delivery Consultant and Contractor Services $3,000.00 $3,000.00 Wonrr Sills $2,500.00 $2,500.00 sttrna a to Inc®me a , Hourly rates for consultants are as follows:Project Manager-$70.00 and Event Staff-$55.00. D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. Composting extends the life of landfills and reduces stress on local composting facilities. This program should result in greater resource efficiency, as it will encourage City residents to manage their yard debris on their own properties and to reuse the composted materials in their gardens. 7 22 E)Task Impact Objectives: As a result of the bin sales,the City of Kent will: ® Reduce the residential waste stream by up an estimated 100 tons of yard debris annually or 1,000 tons in the next ten years. ® The City will monitor the program by reporting the following: -Number of compost/worm bins distributed. -The estimated amount of compostable material diverted. In addition to diverting compostable materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational materials on City recycling programs and yard debris reduction programs in King County. The educational materials can enhance the knowledge of residents and improve behavior in purchasing products, practices, and disposal of yard debris. Task Five: Purchase Products Made From Recycled Materials A)Task Schedule: 2014 i B)Task Activities: f In order to support the recycling industry and close the recycling loop, the City would like to purchase products made from recycled materials. Doing so will support recycling collection programs and help ensure the success of the recycling industry. The City will support recycling programs by purchasing recycle content rain barrels and other items for distribution. The rain barrels weight approximately 40-50 pounds each and divert roughly twice that amount of plastic material from the waste stream when produced. The City will sell the rain barrels at City Recycling Collection Events in 2014. The City will sell the bins for$30-$35 each. C) Task Budget: $6,835.00 i Recycled Product Purchase 2014 2014 Total City Staff $600.00 $600.00 Consultant and Contractor Services $3,200.00 $3,200.00 MITEu Mar Tems minis f ra f son an upp fees- _ Estimated Barrel Income w$4,500.00 $4,500.00 TOTAL. $6,835.00 L $6,835.00 D) Task Performance and Impact Objectives: The goal of this program is to help ensure the success of the recycling industry by adding to the demand for products made from recycled materials. By purchasing products made from recycled content, the City will divert recyclable material from the waste stream. The City 8 I 23 will distribute the rain barrels to.City residents to help promote recycled products. The City will promote the rain barrel sale in the City Recycling. Collection Event flyer. The additional benefits of the rain barrels are that they will help reduce household water consumption and reuse natural rainwater. It is expected that after installation the rain barrels will continue to conserve water resources for many years. Task Six: Christmas Tree Collection and Recycling A) Task Schedule: Winter, 2014 B) Task Activities: e Task Description - The City will provide collection of Christmas trees in the City for residents just after the Christmas holiday. The City plans to provide City residents with four to six tree collection days. The City will: • Provide collection of Christmas trees from Kent residents. • Promote the program through City of Kent newsletters, flyer to all residents and local papers. • Recycle collected trees C) Task Budget: $8,000.00 ESTIMATED COSTS 2014 2014 Total Supplies/equipment $6,500.00 $6,600.00 rolec a ong oa D) Task Performance Objectives: The goal of this program is to achieve greater resource efficiency in the City of Kent. By providing Christmas tree collection and recycling, the City can divert this material from the waste stream. This activity will extend the life of the local landfill. This program should result in greater resource efficiency, as it will encourage City residents to recycle their Christmas trees rather than disposing of them in their garbage or at the local transfer station. E) Task Impact Objectives: As a result of the Christmas Tree Collection and Recycling Program, the City of Kent will reduce the residential waste stream. The City will monitor the program by reporting the following: Number of Christmas trees collected. -The estimated amount of material diverted from the waste stream. 9 24 Task Seven: Grant Administration The City will work with OER to administrate this Scope of Work. OER will ® Track project expenses; ® Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work; ® Prepare reports for the grant program; and • Prepare final report. Task Budget: $3,500.00 King. County WRR Grant 2014 2014Total 1. Program Management $2,100.00 $2,100.00 2. Project Expenses a. Mileage $550.00 $550.00 b. Supplies $850.00 $850.00 TOTAL $3,500.00 $3,500.00 10 • Nl. KENT Agenda Item: Consent Calendar - 7D TO: City Council DATE: January 21, 2014 SUBJECT: Seattle-King County Health Department Local Hazardous Waste Management Program/Recycling Event Grant - Accept MOTION: Authorize the Mayor to accept the Local Hazardous Waste Management Program Contract in the amount of $32,278.87 for 2014, and amend the budget and authorize the expenditure of funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Seattle-King County Health Department's Local Hazardous Waste Management Program Grant is an annual grant to help cities protect public health and the environment from toxics and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents and local businesses, as described in the attached Grant Agreement's Scope of Work. Hazardous items collected at the events include: Refrigerators and freezers, used oil, antifreeze and other petroleum products, as well as batteries. In addition, the grant pays for some staffing and printing and mailing costs associated with the events. EXHIBITS: 2014 Community Services Contract with King County RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $32,278.87. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts. This page intentionally left blank. 27 Public Health A Seattle & King County King County Contract# EHS3311 Federal Taxpayer ID # 91-1355875 Federal Sub-recipient - No This form is available in alternate formats for people with disabilities upon request. 2014 COMMUNITY SERVICES CONTRACT WITH OTHER GOVERNMENT, INSTITUTION, OR JURISDICTION THIS CONTRACT is entered into by KING COUNTY (the "County'), and City of Kent (the "Contractor'), whose address is 220 4th Ave. S,Kent,Washington,98032-5895 . The County department overseeing the work to be performed in this Contract is the Seattle-King County Department of Public Health (aka, Public Health - Seattle & King County, "PHSKC") Contract Summary PHSKC Division: Environmental Health Project Title: Local Hazardous Waste Management Program Contract Amount: Thirty Two Thousand Two Hundred Seventy Eight Dollars and Eighty Seven Cents Contract Start Date: 01/01/2014Contract End Date: 12/31/2014 Fund Source Information FEDERAL: $ 0 COUNTY: $32,278.87 STATE: $ 0 OTHER: $ 0 Specific Funding Details (Award number, CFDA# Amounts, Effective Dates) 1) Local Hazardous Waste Management Program Funding WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, and as authorized by the 2014 Annual Budget. NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: I IncoKporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Program Exhibits and Requirements ® Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Invoice Exhibit D: Contractor's Certificate of Insurance and Additional Insured Endorsement II Term and Termination A This Contract shall commence on 1/1/2014 8:00:00 AM, and shall terminate on 12/31/2014 8:00:00 AM, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. Contract# EHS3311 Page# 1 of 9 28 B This Contract may be terminated by the County or the Contractor without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, prior to the date specified in Subsection II.A. above, by providing the other party thirty (30) days advance written notice of the suspension. C The County may terminate or suspend this Contract, in whole or in part, upon seven (7) days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection ILC. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection ILA., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III Compensation and Method of Payment A The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract, payable upon receipt and approval by the County of a signed invoice in substantially the form of the attached Invoice Exhibit which complies with the attached Budget Exhibit. B The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibits not more than 60 working days after the close of each indicated reporting period. The County shall make payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C The Contractor shall submit its final invoice and all outstanding reports within 90 days of the date this Contract terminates. If the Contractor's final invoice and reports are not submitted by the day specified in this subsection, the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. D When a budget is attached hereto as an exhibit, the Contractor shall apply the funds received from the County under this Contract in accordance with said budget. The Contract may contain separate budgets for separate program components. The Contractor shall request prior approval from the County for an amendment to this Contract when the cumulative amount of transfers Contract# EHS3311 rage## 2 of 9 29 among the budget categories is expected to exceed 10% of the Contract amount in any Contract budget. Supporting documents necessary to explain fully the nature and purpose of the amendment must accompany each request for an amendment. E If travel costs are contained in the attached budget, reimbursement of Contractor travel, lodging, and meal expenses are limited to the eligible costs based on the following rates and criteria. 1 The mileage rate allowed by King County shall not exceed the current Internal Revenue Service (IRS) rates per mile as allowed for business related travel. The IRS mileage rate shall be paid for the operation, maintenance and depreciation of individually owned vehicles for that time which the vehicle is used during work hours. Parking shall be the actual cost. When rental vehicles are authorized, government rates shall be requested. If the Contractor does not request government rates, the Contractor shall be personally responsible for the difference. Please reference the federal web site for current rates: http://www.gsa.gov. 2 Reimbursement for meals shall be limited to the per diem rates established by federal travel requisitions for the host city in the Code of Federal Regulations, 41 CFR § 301, App.A. Please reference hftp:/Iwww.gsa.gov for the current host city per diem rates. 3 Accommodation rates shall not exceed the federal lodging limit plus host city taxes. The Contractor shall always request government rates. 4 Air travel shall be by coach class at the lowest possible price available at the time the County requests a particular trip. In general, a trip is associated with a particular work activity of limited duration and only one round-trip ticket, per person, shall be billed per trip. Any air travel occurring as part of federal grant must be in accordance with the Fly America Act. IV Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with applicable, generally accepted government accounting standards (GAGAS). V Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. VI Maintenance of Records/Evaluations and Inspections A The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV, below, the Contractor shall maintain the following: 1 Records of employment, employment advertisements, application Forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2 Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor's office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such Contract# EH83311 Page # 3 of 9 30 i visits. In all other respects, the Contractor shall make the foregoing records available to the County for inspection and copying upon request. If this Contract involves federal funds, the Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. C Except as provided in Section VII of this Contract, the records listed in A and B above shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with Revised Code of Washington (RCW) Chapter 40.14. D Medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor's performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kingeounty.gov/healthservices/health/partnerships/contracts VIII Audits A If the Contractor is a municipal entity or other government institution or jurisdiction, it shall notify the County in writing within 30 days of when its annual report of examination/audit conducted by the Washington State Auditor has been completed. B Additional audit or review requirements which may be imposed on the County will be passed on to the Contractor and the Contractor will be required to comply with any such requirements. IX Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more than ten (10) days from the date of the Contractor's response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B The County will notify the Contractor in writing of the County's determination as to the sufficiency of the Contractor's corrective action plan. The determination of sufficiency of the Contractor's corrective action plan shall be at the sole discretion of the County; C In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor's corrective action plan is determined by the County to be Contract# EHS3311 Page # 4 of 9 31 insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II. Subsections B, C, D, and E. X Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI Hold Harmless and Indemnification A In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, employees, or subcontractors are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Contractor, its employees, subcontractors and/or others by reason of this Contract. The Contractor shall protect, indemnify, and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, or subcontractors. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. C The Contractor shall defend, indemnify, and hold harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents in its performance or non-performance of its obligations under this Contract. In the event the County incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D The County shall defend, indemnify, and hold harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers,employees, or agents in its performance or non-performance of its obligations under this Contract. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, Contract# EHS3311 Page# 5 of 9 32 constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Contract. XII Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers, and/or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverages and requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and provide required insurance documentation prior to the signing of this Agreement. XIII Assinnment/Subcontractinci A The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than fifteen (15) days prior to the date of any proposed assignment. B "Subcontract" shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term "subcontract" does not include the purchase of(1) support services not related to the subject matter of this Contract, or (2) supplies. C The Contractor shall include Sections III.D., III.E., IV, V, VI, VII, XI, XII, XIII, XIV, XV, XVI, and XVII,XVIII, XXIV, XXV, XXVI, XXVII, and the Funder's Special Terms and Conditions, if attached, in every subcontract that relates to the subject matter of this Contract. D The Contractor agrees to include the following language verbatim in every subcontract, for services which relate to the subject matter of this Contract: "Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph." XIV Nondiscrimination and Euual Employment Opportunity The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants Contract# EHS3311 Page # 6 of 9 33 and employees are treated, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/healthservices/health/partnerships/contracts; contractors shall read and certify compliance. XV Conflict of Interest A The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. I B The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any County official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the County will be cancelled and it shall not be able to bid on any County contract for a period of two years. C The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County's denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County's Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI Equipment Purchase, Maintenance, and Ownership A The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of$5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. i XVII Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the party that produces such material or article. If any patentable or copyrightable material or article should result from the work described herein and is jointly produced by both parties, all rights accruing from such material w article shall be owned in accordance with US Patent Law. Each party agrees to and does hereby grant to the other party, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. XVIII Political Activity Prohibited Contract 4 EHS3311 Page# 7 of 9 34 None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper and both sides of sheet of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. XX Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI Entire ContractMaiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. XXVI No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVIIContractor Certification Contract# ENS3311 Page# 8 of 9 35 By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the PHSKC website (http://www.kingcounty.gov/health/contracts), and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY CONTRACTOR j FOR King County Executive Signature Date Name (Please type or print) Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY Contract# EHS3311 Page# 9 of 9 36 EXHIBIT A SCOPE OF WORK CITY OF KENT I/l/2014-12/31/2014 j Background The Local Hazardous Waste Management Plan (hereafter refereed to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RC W 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). i The purpose of this Exhibit is to define the relationship associated with the Program's funding of j City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize three citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters,petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Programs Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Fund Manager: a) An invoice (see Exhibit C). Invoices should be sent to the Fund Manager for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor names, a description of services provided, date paid and a check or warrant number. EHS3311—City of Kent 1 37 3. The City shall notify the Fund Manager no later than December 15th regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. In the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent, at(253) 856-5549, (ghungerford a)kentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator or Fund Manager should be referred to the LHWMP Program Director for resolution. Seattle-King County Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract, the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Fund Manager shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made,this shall be done by written notification to the City providing the reason for such exception. The Fund Manager will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Fund Manager retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. Program Contacts Lynda Ransley Madelaine Yuri LHWMP Program Director LHWMP Fund Manager EHS3311—City of Kent 2 38 150 Nickerson Street, Suite 204 150 Nickerson Street, Suite 204 Seattle WA 98109 Seattle WA 98109 206-352-8163 206-352-7128 lyndaranslevnakiu c� ounty. oy rnadelaine. kingcountygov Paul Shallow LH W MP Contract Administrator Seattle, WA 98104 206-263-8487 paul.shallowkkingcounty.gov III i EHS3311—City of Kent 3 39 EXHHIIT B 2014 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description Budget Household Hazardous Waste Education Household Hazardous Waste Collection $32,278.87 TOTAL $32,278.87 i i EHS3311 —City of Kent 40 EXHIBIT C 2014 INVOICE LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM From: City of Kent 220 Fourth Ave. S Kent, WA 98032 To: Madelaine You, Fund Manager Local Hazardous Waste Management Program in Icing County Seattle-King County Department of Public Health 150 Nickerson St., Suite 204 Seattle, WA 98109 Contract#EHS3311 Period of time: 2014 to ,2014. { In performance of a signed Contract between King County and the City of Kent, I hereby certify that the following expenses were incurred during the above-mentioned period of time. Signature Date Component Budget Current Expenses Previous Charges Balance Description Household Hazardous Waste Education Household Hazardous $32,278.87 Waste Collection I TOTAL $32,278.87 i For Health Department Use Only FOR HEALTH DEPARTMENT USE ONLY Oracle Purchase Order#- Invoice Date Invoice# Amount to be paid Oracle Requisition# Oracle Receipt# Oracle CPA# Local Hazardous Waste Management Program Approval: Madelaine Yun IHW-NR-0100 Date EHS3311 —City of Kent KENT Agenda Item: Consent Calendar — 7E TO: City Council DATE: January 21, 2014 SUBJECT: Contract with Olympic Environmental Resources for 2014-2015 Residential Recycling Collection Events - Authorize MOTION: Authorize the Mayor to sign the Consultant Services Agreement with Olympic Environmental Resources for Waste Reduction and Recycling Activities and Programs for 2014 - 2015 in the amount of $185,551.00, subject to final terms and conditions acceptable to the City Attorney and the Public Works Director. SUMMARY: Olympic Environmental Resources will provide assistance with the implementation of the city of Kent's Waste Reduction and Recycling Programs, including the spring, summer, and fall special recycling and collection events, outreach for business and multi-family waste reduction and recycling programs, rain barrel and compost bin sales and education to benefit the citizens and businesses of Kent. These programs provide a cost savings to Kent's residents and businesses. EXHIBITS: Olympic Environmental Scope of Work RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: This Consultant Contract will be funded 100% through the following grants: Department of Ecology Coordinated Prevention Grant, Seattle-King County Health Department Local Hazardous Waste Management Program Grant, and King County Waste Reduction and Recycling Grant. This page intentionally left blank. 43 2014/15 Proposed Scope of Work City of Kent 2014/15 Residential Recycling Collection Events, Bin and Barrel Sales, Business Recycling Program Outreach, School Program Outreach, Multifamily Residential Recycling Program Outreach, and Grant Administration PRIME CONTRACTOR Olympic Environmental Resources (The Contractor) 4715 SW Walker Street Seattle, WA 98116 Phone: (206) 938-8262 Fax: (206) 938-9873 Email: pauldevine@msn.com SUB CONTRACTOR Wilder Environmental Consulting PO Box 46188 Seattle, WA 98146 Phone: (206) 949-1787 Email: swilder@wilderenvironmental.com TASK 1: Residential Recycling Collection Events In 2014 and 2015 the Contractor will organize six citywide collection and recycling events in the City of Kent. The events will be held in March, June, and October. A) Materials to be collected and recycled: • Appliances+ • Refrigerators and Freezers+ • Ferrous Metals • Non-ferrous Metals • Scrap Wood* • Bulky Yard Debris* • Concrete, Asphalt, Rock, and Brick** • Tires+ • Lead Acid Batteries • Household Batteries • Porcelain Toilets and Sinks+ • Propane Tanks+ • Cardboard • Reusable Household Goods • Textiles • Motor Oil • Motor Oil Filters 44 • Antifreeze • Petroleum Based Products • Paper Shredding** • Electronic/Computer Equipment/Cell Phones • Mattresses+ • Styrofoam • Car Seats +User fees may apply or the City may cover all user fees. *Collected in the spring ** Collected in the fall B) The following educational materials will be distributed at the events: • Information on City of Kent waste reduction and recycling programs • Information on the Local Hazardous Waste Management Programs Event Participants These events are intended for the residents of Kent but will be open to King County residents and will be coordinated with county-sponsored events to avoid overlap of service. No flatbeds or large dump trucks allowed. The Contractor reserves the right to refuse oversized, commercial, or contaminated loads. Event Promotion Event promotion will be accomplished in the following ways: • Distribution of a promotional flyer through direct mailings • Articles in the City newsletter publicizing events • Publicizing the events through the King County Solid Waste Division • Publicizing the events on the City's cable channel and website Proiect Evaluation The following measures will be used to evaluate the completion and success of the events: • Number of vehicles attending • Volume of each material collected • Event cost by budget category • Comparison of 2014/15 volumes and vehicles with prior year's events Timeline Tentative Event Dates— March,June, and October, 2014/15 January/April/August 2014/15 Event planning Work with City on finalizing event date Schedule vendor services February/ April/September 2014/15 Schedule vendor services Work with City on event flyer Coordinate with granting agencies on approval of the flyer 2 45 March/June/October 2014/15 Finalize planning Prepare site map Arrange event staff Work with City on available City services Arrange event equipment Arrange event deliveries Hold event April/July/November 2014/15 Prepare project reports Assist City in grant reimbursement process TASK 2: Spring Compost Bin,Worm Bin, and Rain Barrel Sale The Contractor will organize a two or more compost bin, worm bin, and rain barrel sale at the direction of the City. The events will be held in March and if needed in June. The Contractor will bundle other City clients and solicit bids for the compost bins, worm bins, and rain barrels. The Contractor will arrange to have the bins and barrels delivered to the City Shops. The Contractor will implement one or more sales accompanied by educational outreach/technical assistance on backyard composting, vermicomposting, and rain barrel use. If the bins and barrels don't all sell at the March event an additional sale may be held at the June Recycling Collection Event. The sale/s will be advertised in the Recycling Collection Event flyers sent to all Kent households. The Contractor will sell the bins for $25 each and the rain barrels for $30 each or more as directed by the City. Each bin will include the educational manual, "Home Composting Made Easy" on grasscycling and backyard composting. The worm bins and rain barrels will include instructions on proper set-up and use. TASK 3: Business and School Recycling Outreach The Contractor will promote participation in waste reduction, recycling, and recycled product procurement programs and increase the knowledge of recycling alternatives in the Kent commercial and school sector in 2014 and 2015. Program Activities: 1) Kent Business Recycling Printed outreach The contractor will work with the City to determine up to 2 methods of printed outreach to the business sector during 2014/15. This could include newsletters, postcards or ad space in local papers or chamber newsletters. 2) Kent Business and School Assistance To provide recycling assistance to Kent businesses and schools, the Contractor will deliver a Business Recycling Tool Kit to all Kent businesses expressing interest.The Contractor will provide assistance to City businesses on an on-call basis. The Contractor will track assistance to City businesses as required by King County. The Contractor staff will promote the website www.kentrecycles.com as a means to communicate with businesses and property managers regarding waste reduction and recycling. School assistance in 2014/15 will build on the success of past years and will expand wherever possible. 3 46 3) Kent Business Recognition To provide Kent businesses with motivation to prevent waste and recycle, The Contractor will manage the Kent Green Business of the Year Award. The purpose of the award/recognition program will be to acknowledge City businesses with strong commitments to waste reduction, recycling, and the use of recycled-content products. As feasible, the Contractor will promote the winners, and other outstanding applicants programs as examples for other Kent businesses to model. 4) Business Website Assistance In 2014/15, the Contractor will respond to inquiries from City businesses from visits to the City's recycling website. In addition, all information and links posted to the site will be verified and updated as necessary. 5) Other outreach activities, as requested and as budget allows TASK 4: Residential Recycling Program Outreach The Contractor will promote waste reduction and enhanced recycling programs through the following program efforts with residents and property owners and managers: • Distribute City outreach materials: through direct mailings, City events, property manager outreach and door-to-door delivery • Provide on-site waste consultations and follow-up assistance • Respond to inquiries from residential communities • Work with City contracted haulers to promote recycling programs • Other outreach activities, as requested and as budget allows Proiect Goals and Obiectives • Promote residential participation in Kent recycling services • Promote cost-effective handling of the residential waste stream • Promote the purchase of recycled products to the residential sector • Promote use of www.KentRecycles.com. Proiect Evaluation The Contractor will monitor the success of the program by reporting the following: • Number of educational materials distributed • Number of residential communities that received technical assistance • Increase in the number of residential buildings participating in collection service of recyclables TASK 5: Grant Administration The Contractor will work with the City to provide grant administration and project reports for this Scope of Work. The Contractor will: • Track project expenses • Provide ongoing grant administration through the completion of the tasks, as outlined in this Scope of Work • Prepare reports for the grant program funding reimbursement • Prepare final reports as required by recycling program grants 4 47 Olympic Environmental Resources will be the prime contractor on this project and will subcontract a portion (Tasks 3 and 4) to Wilder Environmental Consulting. Olympic Environmental Resources and Wilder Environmental Consulting are available to implement additional projects at the direction of the City. 5 This page intentionally left blank. N 9 0 z, m " o4 � � agd .. � G Ro a "° •, � 5 � � � � 9 '� c a 9 � � 5 =. c c o '� o 5 ;. B lw 5 P a � 5 Q a a � gs000 bssa Pos � s sogggoo oo s s . 00s . n ee eg ggggo oggo ' 8 c � O o T z � z v g ggo g sg gggo g sgg _ ao c s gss s � � 000 � �� a Pos � s � sogggoo � oo � � s � � � s � ooc go gg ggggo oggo - A This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7F TO: City Council DATE: January 21, 2014 SUBJECT: Change Order with SCI, LLC for SR 516 to S 231't Way Levee North Reach Improvements - Approve MOTION: Authorize the approval of Change Order No. 1 to SCI Infrastructure, LLC in an amount not to exceed $194,059.46 for unanticipated construction costs on the SR 516 to South 231st Way Levee, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Construction on the Russell Road Upper North Reach began last summer and was substantially complete by the end of November, 2013. The project involves construction of a secondary levee near the Marina Pointe portion of the Lakes residential development. The work is required to meet federal levee safety standards for levee certification and eventually FEMA accreditation. This is the first levee project constructed by the City that will be entirely paid for by the King County Flood Control District. The work was completed through an Interlocal Agreement with a funding limit of $1.5 million. The interlocal agreement was not authorized by the King County Flood Control District until July 17, 2013, which gave the project a late start. The original construction contract was awarded to SCI Infrastructure for $583,462.54 and most of the levee was completed by late September, 2013. During our record rainfall event on September 28, areas along the landward side of the levee eroded and needed to be repaired. Erosion control measures were installed at the time; however, due to the timing of the storm the damage was significant. While assessing needed repairs, it was determined that areas of the levee required more work than anticipated. Those areas were repaired. EXHIBITS: None RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The total project costs, including this change order, are within the $1.5 million budgeted for the project through funds from the King County Flood Control District. Accordingly the project is well within budget. With this change order included, total project costs are approximately $1.0 million. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7G TO: City Council DATE: January 21, 2014 SUBJECT: Central Avenue South Improvements Federal Grant - Accept MOTION: Authorize the Mayor to accept a Federal Grant in the amount of $300,000 for the design phase of the Central Avenue South Pavement Preservation Project, and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The pavement along South Central Avenue between Willis Street and the South Central bridge has numerous cracks, rutting and patches, and is in need of repair or replacement. Because of the progressed deterioration of Central Avenue, this arterial requires more of a reconstruction than a simple overlay and will require appreciable design work including relocation of utilities before the road project can be advertised for bids. The road overlay itself will cost over $2 million. The future reconstruction project will repair failing pavement sections and provide a full-width overlay of the roadway. The Public Works Department competed for and was awarded a $300,000 federal grant through the Puget Sound Regional Council for the design phase of the Central Avenue South Pavement Preservation Project. This funding will allow the City to complete the design and permitting phases of this critically needed improvement and will make this project more competitive for possible future federal grant funding opportunities. EXHIBITS: Local Agency Agreement LA-8224 RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $300,000 of federal funding. The local match for this grant is 13.5% or $40,500. Funding for the local match could come from B&O Tax receipts, and would be needed as design progresses. This page intentionally left blank. i 53 �S�B6��t�9'� StateTransportation Building 310 Maple Park Avenue S.F. ® Department of Transportation P.O.Box 47300 Olympia,WA 98504-7300 Lynn Peterson 360.705-7000 Secretary of Transportation TTY:1-800-883-6388 www.wsdot.wa.gov August 9, 2013 Mr. Tim LaPorte Public Works Director City of Kent 220 Fourth Avenue South AUG 1. 3 2Q13 Kent, Washington 98032-5838 City of Dent CITY OF KENT Central Avenue South ENGINEERNG Pavement Preservation STPUL-1071(006) FUND AUTHORIZATION Wp Dear Mr. LaPorte: i We have received FHWA fund authorization, effective August 5,2013, for this project as follows: PRASE TOTAL FEDERAL SHARE Preliminary Engineering $347,821 $300,000 Enclosed for your information and file is a fully executed copy of Local Agency Agreement LA-8224 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. FHWA requires projects utilizing federal funds for preliminary engineering or right of way to advance to construction. If this project is unable to proceed to construction,any expended federal funds must be repaid. WSDOT authorization to proceed with right of way and/or construction is contingent upon receipt and approval of your environmental documents. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. L cerely F l`�' Stephanie Tax Manager, Program Management Highways&Local Programs ST:jg:ac Enclosure cc! Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121 54 washingtstate partment®e Yransgiaortation L Leah Agency Agreement ,e Agency City of Kent CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 220 -4th Ave. S. Project No. �i� 6' Kent, Washington 98032 Agreement No. � < For OSC WSDOT Use ON The Local Agency laving complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR 225, (4) Office of Management and Budget Circulars-A-102, and A-133, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State,-subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Central Avenue South Pavement Preservation Length 0.73 miles Termini From Willis Street to South 262nd Street(Alder Lane) Description of Work This project will remove and rehabilitate the existing roadway pavement surface to add service life to the roadway between Willis St. and S. 262nd Street/Alder Lane. The project includes removal and replacement of failing pavement sections and a full-width asphalt concrete overlay of the entire roadway. . Estimate of Funding Type of Work ) ( Estimated Total Estimated t Agency Estimated Project Funds Funds Federal Funds PE a.A enc 346 821.00 46 821.00 300 000.00 86.5 % b.Other c. Other Federal Aid d. State Participation 1,000.00 1,000.00 Ratio for PE e. Total PE Cost Estimate a+b+c+d 347 821.00 47 821.00 300 000.00 Right of Way f.A enc % . Other h. Other Federal Aid Participation 1. State Ratio for RW Total R/W Cost Estimate f+ +h+i Construction k. Contract I. Other m. Other n. Other Federal Aid -State Participation Ratio for CN g.Total CN Cost Estimate k+I+m+n+o+ r.Total Project Cost Estimate a+'+ 347,821.001 47 821.00 300 000.00 Agency Icl'f Washington State De artment of T ansportation By By a�J7__ Title pirectnr of��+P��nhlic Director of Highways and Local Programs Date Executed j DOT Form 140-039 EF Revised 09/2011 55 Construction Method of Finanentg (check Method Selected) State Ad and Award ❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑ Method B-Withhold from pas tax the Agency's share of total construction cost(line 4,column 2)in the amount of $ at$ per month for months. Local Force or Local Ad and Award ® Method C-Aoencv cost incurred with Dartial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on Resolution/Ordinance No. Provisions 1. Scope of Work The Agency shall provide all the work, labor,materials, and services necessary to perform the project which is described and set forth in detail in the"Project Description"and"Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in"Type of Work"on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. 11. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Govemment by the administration of this project.The Agency agrees that the State shall have the full'authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract,the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project,the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition,the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans,specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls .and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable titres and shall be retained and made available for such inspection for a period of nct less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: 1.Preliminary engineering. 2.Right of way acquisition. _ 3.Project construction. In the event that right of way acquisition, or actual construction of the road,for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement(see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR 225 and Office of Management and Budget circulars A-102 and A-133.The State shall not be ultimately responsible for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. DOT Form 140-039 EF Revised 09/2011 2 56 The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal.aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR 225 - Cost Principles for State,Local, and Indian Tribal Government, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.Upon receipt of progress billings from the contractor,the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C—The Agency may submit vouchers to the State in the format prescribed by the State,in duplicate,not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project.Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit,the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project.The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation(see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-133. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation(see Section IX). Vlll. Single Audit Act The Agency,as a subrecipient of federal funds,shall adhere to the federal Office of Management and Budget(OMB)Circular A-133 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $500,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g., State force work,project cancellation,overpayment, cost ineligible for federal participation,etc.)is not made to the State within 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the Director of Highways and Local Programs. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals,or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will,at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits,whether at law or equity brought against the Agency,State,or Federal Government,arising from the Agency's execution, DOT Form 140.039 EF Revised 0912011 3 57 performance,or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26, The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U. S.C.3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CPR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts(FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be, bound by the above equal opportunity clause with respect to its own employment practices when it Participates in federally assisted construction work: Provided,that if the applicant so participating is a State or Local Government,the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules,regulations,and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpartD of the Executive Order. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel,terminate,or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost,shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington,growing out of this contract or the project with which it is concerned,shall be brought only in the Superior Court for Thurston County. DOT Form 140-039 EF Revised 09/2011 4 58 XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies,to the best of his or her knowledge and belief,that: (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract,the making of any federal grant, the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. - (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress,an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan,or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file,the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Additional Provisions DOT Form 140-039 EF Revised 09/2011 5 KENT Agenda Item: Consent Calendar - 7H TO: City Council DATE: January 21, 2014 SUBJECT: Kent Interurban Trail Connector Project Grant - Accept MOTION: Authorize the Mayor to sign the grant agreement in the amount of $727,500 with the Washington State Department of Commerce for the Kent Interurban Trail Connector Project and amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City of Kent was awarded $727,500 through a direct appropriation from the Washington State Department of Commerce. This funding will allow the City to complete the design and construction of a bicycle connection between West Valley Highway and the Interurban Trail. The project entails the design and construction of a shared travel path along the south side of South 228th Street from the Interurban Trail, west to 68th Avenue South (West Valley Highway), approximately 1,800 feet in length. In addition to providing connection as part of the City's system of trails to bike lanes, it will provide a link between residential and office areas around 228th Street with the downtown commercial area. EXHIBITS: Letter dated August 19, 2013 from the Department of Commerce RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City will receive $727,500 of state funding. This page intentionally left blank. 61 OTAt STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE a PO Box 42525> Olympia, Washington 98504-2525 m (360)725.4000 August 19, 2013 N1r•. Kurt Hanson City of Kent 400 West Gowe Kent, WA 98032 Dear Mr. Hanson: Congratulations! Governor Inslee recently signed the 2013-2015 State Capital Budget,which includes an appropriation of$750,000.00 for the Kent Interurban Trail Connector project. The Department of Commerce,which will administer the project,will retain three percent(up to a maximum of$50,000)to cover our direct administrative costs, Accordingly, your net grant award will be $727,500.00. Prior to receiving funds,your organization will need to fulfill the following requirements: ® Provide documentation of your organization's financial ability to complete the project. All funds from sources other than the state must be expended, raised,, or secured by documented pledges or loans. ® Any property relevant to the project must be owned or secured by a long-term lease that remains in effect for a minimum of ten years following the final payment date. A lien on owned property is also required when receiving grants over$250,000. ® Prevailing wages must be paid for all construction labor costs incurred as of July 1, 2013. ® Possible review by the Washington State Department of Archaeology and Historic Preservation, Your project may need to comply with the state's green buildings standards (RCW 39.35D). Please fill out the enclosed Contract Readiness Survey and return it at your earliest convenience, Upon receipt, we will email you a comprehensive set of contracting guidelines to assist you with the contracting process. If you have any questions or need additional information,please contact Beth.Prihoda at (360)725-5001, Sincerely, �—� uw Diane Klont , Assistant Director Community Services and Housing Division Enclosure This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7I TO: City Council DATE: January 21, 2014 SUBJECT: Washington State Transportation Improvement Board (TIB) Grant for South 224th Street Improvement, Phase 2 - Accept MOTION: Authorize the Mayor to accept a grant from the Washington State Transportation Improvement Board for Phase 2 of the South 224th Street Improvement Project and sign a letter to the TIB requesting to combine Phases 1 and 2 into one project, amend the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: For the second year in a row the Public Works Department competed for and was successful in receiving a $5,000,000 grant from the Washington State Transportation Improvement Board for the City's South 224th Street Improvement Project. This year's award is for Phase 2 of the project, which will construct a 3-lane roadway between 88th Avenue South and 94th Place South, and a new bridge over Garrison Creek. Last year the City received $5,000,000 for Phase 1 of this project, which will connect the east and west sides of SR 167 with a new bridge. The future Phase 3 of the project will complete the 3 lane roadway up to the Benson Highway. This new roadway will be roughly 1.8 miles long, and will include curbs, gutters and sidewalks, a two—way left turn lane, planted center medians where possible, roadside planter strips, street lighting, undergrounding of overhead electrical facilities and storm water management facilities. It is being requested that the TIB combine Phases 1 and 2 into a single project for more efficient and cost effective project administration, design and construction. EXHIBITS: Map RECOMMENDED BY: Public Works Committee YEA: Ralph, Sharp, Higgins NAY: BUDGET IMPACTS: The City's matching share for this grant will be paid out of Local Improvement District No. 363 payments and storm drainage funds. We also anticipate utilizing B&O funds as needed for pavement replacement and Transportation Impact fees as they become available following the SE 256th Street project. This page intentionally left blank. Y Y( ^� r ,d„ �J jf ». .,. NC7ORT�{,... i 70 Project Location SCALE ` In in V� i 'b� j ,,, I N516 �ll.l`wl f,' i .a� )J llr 16 SiS i. 1f cc g6° r x d'i6 ,, 167 , xhf ✓3"i p r�� � ,,, step �' P 6,..fi _. ^ Slie Tdl� aw� ,��. I ii r �r i 212 St a� 1 �, '"�' ,x' �Phase III' mot" niiri ire i�ar i[[S manm,✓irn •^erin/�.�l..iiial iiiii i/,1'y 6 ...,.. , ^ •»..... °wmE+�'r'. Phase III; �n rn'!; n .... , . Owl .», 1 I�PdA U i U ...,. » aye ,k Ls7ro�e..,..... ir<y�� ir Phase I n �� r ggIlb J� ),�/,�� z 1J 50 N �Op`r�a-.Skr4�rul r :�• ., 4r, .. . e.,.. l j/ t U . ". On r4 � � ,e yff � .�rt• Soulth 224th / 228th Street NORTH sw M 0 556Faet Corridor Extension Project I EMT This page intentionally left blank. KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: January 21, 2014 SUBJECT: Washington Auto Theft Prevention Authority (WATPA) PATROL Task Force 2013-2015 Grant - Accept MOTION: Authorize the Mayor to accept the Washington Auto Theft Prevention Authority grant award in the amount of $74,983, authorize amending the budget and authorize expenditure of the funds in accordance with the terms and conditions of the grant, acceptable to the City Attorney and Police Chief. SUMMARY: The biennium Washington Auto Theft Prevention Authority (WATPA) grant was awarded to Prevent Auto Theft through the Regional Operational Links (PATROL) Task Force. The grant was submitted by the Federal Way Police Department, and the Kent Police Department will be the fiscal manager for the funds. The PATROL Task Force is comprised of South King County law enforcement agencies, the King County Prosecutor's Office, and two North Pierce County police agencies. This $74,983 grant funds additional police salaries and personnel benefits. EXHIBITS: WATPA award letter to Federal Way, dated November 1, 2013 and grant program award sheet; Agreement between Federal Way police and WATPA; Initial WATPA award letter to Federal Way, dated July 15, 2013 and grant program award sheet RECOMMENDED BY: Public Safety Committee YEA: Ralph, Thomas, Berrios NAY: BUDGET IMPACTS: The funds are awarded on a reimbursement basis, so there is not budget impact. This page intentionally left blank. WASHIN N AUTO THEFT PREVENTION AUTHORITY WASHING I ON ASSOCIAI ION OP SHERIFFS AND POLICE CHIEFS 3060 Willamette Drive NE,Suite 101 —Lacey,W A 98516—Phone:(360)292-7900--Fax:(360)292-7269—Website:httpU/watlm.waspe,org "Preventing and reducing motor vehicle thefts in the State of Washington. " 'fpwlintnmki.o llaA PRmgb�Au9!InYp November 1, 2013 Chief Brian Wilson Federal Way Police Department 33325 8thAve. S Federal Way, WA 98003 Dear Chief Wilson: The Washington Auto Theft Prevention Authority (WATPA) Board of Directors recently reviewed your request to revisit the original grant funding regarding the King County Prosecuting Attorney (KCPA) salary/benefits that was part of the Federal Way Police Department's (PATROL) grant request for the 2013-1015 biennium. The board recently approved $74,983.00 in additional salary and benefits for the KCPA position. l nclosed is an amended award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Agencies are reimbursed for actual expenses only up to the limit of the award categories. After October 15, 2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. If you have any questions, please contact me at 360-292-7959 or via e-mail at mpainter rdwaspe.org. Sincerely,, Michael Painter, Executive Director Washington Auto Theft Prevention Authority mn.dunxv,n Aum TheJi Prel rnno„ Amhudly JOIN RA1181E EMIL DAMMEL HARVEY WESDAL KEN HOBENBERG RICK SCOTT '. Chid WASImr Parrot hwon,,,Mdn.nry Shrr(Q--CbngGuCn ly Chfef ![rune.WA 5'h erlf/-Grays nnrbor JOIN MARTIN MITCR BARKER DAN'SATERRERO BOB LFT MERLE FFIEFRR G,,m1Nihhc F.,wh,Dbmlw-WAW Pnn,wiig A.,oruey-Km,Comy (h,,f-Auhwn PonomobNr frrdunih MICHAEL.PAINTER Gx ,d,rOb mro, IYATPA AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY AUTO THEFT PREVENHON GRANT PROGRAM AWARD SHEET AAYIt IV DED I, Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way, WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013 —06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO THEFT PREVENTION AUTHORITY 7. Amount Approved: 8. Service Area: $1,689,083.00 King/Pierce Counties 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1 ,263,613.00 206,485.00 1 ,087,580.00 B. Employee Benefits 548,176.00 62,371 .00 464,127.00 Overtime (not to exceed 2% C. of grant request) 39,450.00 0.00.. ........... D. Consultants/Contracts 7,400 00 0.00 4,000.00 E Travelffraining 29,175,00 500.00 20,000.00 _. __._.... _ _..... ..... 1. F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.00 0.00 H. Public Outreach 16,000.00 0.00 16,000.00 FINAL 1,986,944.00 2.91,356.00 1,689,083.00 II AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THF,FT PREVENTION GRANT PROGRAM AWARD SHEET IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, mid in witness whereof have executed this AGREEMENT as of the date and year last written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and other documents incorporated herein by reference: Agreement Specific Terms and Conditions, and Agreement General Terms and Conditions. WATPA RECIPIENT i Name/ Michael Painter Name/ Title WATPA, Executive Director Title , '-;'. I J.G-4/lvkj Ch,z/ Date: - -- Date: i i WASHINGTON AUTO TIIEFr PREVENTION AUTHORITY WASIIINGTON ASSOCIATION OF SHERIFFS AND POLICC CHIEFS 3060 Willamette Drive NE,Suite 10l—Lacey,WA 98516_Phone:(360)292-7900--Pax:(360)292-7269--Weleate:http://",atpa.waspe.org "Preventing and reducing motor vehicle thefts in the State of i'Vashington." p,,ILas rgmnA bTholl Pre¢IiwnA I rll i "SIltfl�gRmFlIronmp July 15, 2013 Chief Brian Wilson Federal Way Police Department 33325 8th Ave. S Federal Way, WA 98003 Dear Chief Wilson: I I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of Directors has approved the Federal Way Police Department's grant application for funding the PATROL task force for the July 1, 2013-June 30, 2015 biennium in the amount of $1,614,100.00. Please know that the WATPA Board has discontinued funding of bait car programs. Enclosed is an award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon as possible. WATPA funds cannot be reimbursed until the signed agreement is received, Expenditures prior to the award effective date or after the grant expiration date are not authorized and will not be reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft Prevention Authority. Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up to the limit of the award categories. All grant applicants are required to submit a non-supplanting declaration to WATPA before funding requests will be processed. After October 15,2013 reimbursement requests by grant recipients will only be processed upon receipt of current quarterly reports by the WATPA office. An updated quarterly report will be available on the WATPA website after September 15,2013. If you have any questions,please contact me at 360-292-7959 or via e-mail at mpainter<@wasDc.orc. Sincerely, Michael Painter, Executive Director Washington Auto Theft Prevention Authority IPeeshLrg/nn.InMTN ll Prercnllnn ' ,Orthod(y JOIIN DATISTE EAIIL DAMAIEL HARVEY G.IESDAL KEN HOHENRERG RICKSCOTT Chl,f IPA Slam&.l lrLurnnre 1"halry S llff Dolglnr Comny Chlef.Ken.....kk 5'h,,Iff Grille Hnrbar VACANT AI ITCH HARKER DANFA'I'TERRERG BOB I,CE MERIX PFIF,FER Genernl Puhlla tGeowlvc lJlrenar-H'ANYC I'rarcWIll All,",,,-Khl0,wrr Ghby-AN""l A. by,1.1u1, MICHAEL PAINTER Rrannhx DUeemr-IATPA AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT AND THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY A UTO THEFT PREVENTION GRANT PROGRAMAWARD SHF,ET 1. Award Recipient Name and Address: 2. Contact: Brian Wilson Federal Way Police Department Title: Chief 33325 8th Ave. S Telephone: 253-835-6701 Federal Way,WA 98003 3. Project Title 4. Award Period: PATROL Task Force 07/01/2013—06/30/2015 5. Grant No: 6. Funding Authority: 13-15 WATPA 004 WASHINGTON AUTO TI3EFT PREVENTION AUTHORITY 7. Amount Approved: 8. Service Area: $1,614,100.00 King/Pierce Counties i 9. Requests for reimbursement under this agreement are subject to the following Budget: Description Requested Agency Funds WATPA Funding (If any) Approved A. Personnel 1,263,613.00 206,485.00 1 ,032,432.00 B. Employee Benefits 548,176.00 62,371 .00 444,292.00 Overtime (not to exceed 2% C. of grant request) _ 39,450.00 0.00 28,946.00 D. Consultants/Contracts 7,400.00 _ 0.00 4,000.00 i E. Travel/Training 29,175.00 500.00 20,000.00 F. Other Expenses 79,930.00 22,000.00 68,430.00 G. Equipment/Technology 3,200.00 0.00 0.00 H. Public Outreach 16,000.00 0.00 16,000.00 FIN 986,944.00 291,356.00 1,614,100.00 This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7K TO: City Council DATE: January 21, 2014 SUBJECT: Ordinance Amending Kent City Code Chapter 9.02 to Establish Lewd Conduct - Adopt MOTION: Adopt ordinance No. amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. SUMMARY: Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. This ordinance will protect the public health, safety and welfare. EXHIBITS: Ordinance RECOMMENDED BY: Public Safety Committee YEA: Ralph, Thomas, Berrios NAY: BUDGET IMPACTS: N/A This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. RECITALS A. Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. B. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. C. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult 1 Amend KCC 9.02 Lewd Conduct Ordinance entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. D. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. E. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. F. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and 2 Amend KCC 9.02 Lewd Conduct Ordinance which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. G. This ordinance will protect the public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. — Amendment. Chapter 9.02 of the Kent City Code is hereby amended by adding new sections 9.02.295, 9.02.296 and 9.02.297 as follows: Sec. 9.02.295 Definitions. The following words and phrases, wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300 and 9.02.310, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A. Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constitution. B. Known prostitute, a person known to patronize prostitutes, or a person known to advance prostitution means a person who within one (1) year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been convicted of an offense of 3 Amend KCC 9.02 Lewd Conduct Ordinance prostitution, patronizing a prostitute, prostitution loitering, permitting prostitution, or promoting prostitution whether or not such conviction occurs under the Revised Code of Washington or comparable laws of municipalities in the state of Washington. C. Patronizing a prostitute shall have the same meaning as set forth in RCW 9A.88.110 as now enacted or later amended or recodified. D. Prostitution means to engage or agree or offer to engage in sexual conduct for a fee, reward, exchange of any item or service, or promise, but does not include sexual conduct engaged in as part of any stage performance, play, or other lawful and properly licensed entertainment open to the public. E. Public place means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment or sell product, and the windows, doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age. F. Public place provided or set apart for nudity means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose 4 Amend KCC 9.02 Lewd Conduct Ordinance membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home. G. Sexual conduct shall mean "sexual intercourse" or "sexual contact" as defined in RCW 9A.44.010 as currently enacted or later amended or recodified. H. Walking or otherwise conducting oneself in a sexual manner shall mean the swaying of hips, drawing attention to one's buttocks, legs, or breasts, grabbing oneself in the genitals or breasts, blowing kisses, or using one's body or any part thereof to simulate sexual conduct. Sec. 9.02.296. Lewd conduct A. A person is guilty of lewd conduct if, in a public place and under circumstances where such conduct is likely to be observed by a member of the public, the person intentionally: (1) Exposes any of his or her body parts without a full and opaque covering: (a) Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft; (b) Any part of the areola or nipple of the female breast; or (c) More than one-half of the part of the female breast located below the top of the areola; 5 Amend KCC 9.02 Lewd Conduct Ordinance (2) Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered; (3) Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed with the intention of sexual arousal or one's self of others; (4) Masturbates; or (5) Engages in sexual intercourse or sexual contact as those terms are defined in chapter 9A.44 RCW. B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section. C. This section shall not be construed to prohibit: (1) The act of breastfeeding or expressing breast milk; (2) Classes, seminars, and lectures held for serious scientific or educational purposes; (3) Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in chapter 5.10 KCC or other law; (4) Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to chapter 5.10 KCC; 6 Amend KCC 9.02 Lewd Conduct Ordinance (5) Conduct of licensed employees working in adult businesses operating pursuant to chapter 5.10 KCC, provided the conduct is not exposed to a person under 18 years of age; or (6) Conduct of a child under 10 years of age. D. Lewd conduct is a misdemeanor. Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.296. Facilitating lewd conduct is a misdemeanor. SECTION 2. — Amendment. Sections 9.02.300 and 9.02.310 of the Kent City Code are hereby amended as follows: Sec. 9.02.300. Prostitution Loitering A. A person is guilty of prostitution loitering if he or she a publ+e plaEe and intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute. B. Among the circumstances which may be considered in determining whether the actor intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she: 1. Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation; 7 Amend KCC 9.02 Lewd Conduct Ordinance 2. Repeatedly stops or attempts to stop occupants of a motor vehicle or motorcycle by hailing, waiving, or beckoning to the occupants using words or conduct, or attempts to obtain the attention of the occupants by walking or otherwise conducting oneself in a sexual manner; 3. Circles or repeatedly returns to an area and repeatedly beckons to, contacts, or attempts to stop pedestrians; 4. Circles or repeatedly returns to an area known by the police as an area of prostitution; 5. Is a known prostitute, a person known to patronize prostitutes, or a person known to promote, permit, or advance prostitution; 6. Inquires whether another is a police officer, searches for articles that would identify a police officer, or exposes his or her genitals or her breasts, or requests the other to touch his or her genitals or her breasts to prove that the other is not a police officer; or 7. Utilizes internet websites, publications or social media including but not limited to Backpage.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to commit the crime of prostitution or patronizing a prostitute. G. As used On this seEtmen: ieE0Cf ..doffTC d T1Cr 8 Amend KCC 9.02 Lewd Conduct Ordinance / / / geneFal and buildings epen te the C. The crime of prostitution loitering may be deemed to have been committed either at the physical location where the loitering occurred or at the location where the person agrees to meet someone they solicit for acts of prostitution as defined in RCW 9A.88. ieE'OC ..doffTC d TCr 9 Amend KCC 9.02 Lewd Conduct Ordinance 6. Walking or etherivise conducting oneself in a sewuai manner shall n9ean the swaying of hops, dFawing attention to one's buttedEs, legs, OF DE. Prostitution loitering is a misdemeanor. Sec. 9.02.310. Stay out of areas of prostitution orders. A. Findings. The high risk prostitution areas set forth in subsection (E) of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes, and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the city of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash, human waste, and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) of this section suffer a much higher incidence of prostitution-related crimes than other areas of the city B. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent municipal court to anyone charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pre-trial release. 10 Amend KCC 9.02 Lewd Conduct Ordinance C. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation. D. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order. E. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas": 1. Pacific Highway South from the south side of South 272nd Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 3. South 240th Street from the 2700 block through the 3200 block, including all adjacent businesses. 4. Central Avenue North/84th Avenue South from Novak Lane to South 222nd Street, including all adjacent businesses. 11 Amend KCC 9.02 Lewd Conduct Ordinance 5. 83rd Avenue South from South 228th Street to South 224th Street, including all adjacent businesses. F. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, signifying that he or she has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's attorney appeared in person before the court. G. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Ch. 9.02 KCC and will subject the violator to arrest." H. Whenever a SOAP order is issued under this section, and the person named in the order knows of the order, a violation of the provisions of the order is a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. I. Pursuant to Section 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) of this section are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting 12 Amend KCC 9.02 Lewd Conduct Ordinance travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs. SECTION 3. — Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. — SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK APPROVED AS TO FORM: ARTHUR 11PAT" FITZPATRICK, ACTING CITY ATTORNEY 13 Amend KCC 9.02 Lewd Conduct Ordinance PASSED: day of 2014. APPROVED: day of 2014. PUBLISHED: day of 2014 I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) RONALD F. MOORE, CITY CLERK P:\Civil\Ordinance\Lew Conduct Prostitution.Docx 14 Amend KCC 9.02 Lewd Conduct Ordinance This page intentionally left blank. KENT Agenda Item: Consent Calendar - 7L TO: City Council DATE: January 21, 2014 SUBJECT: 2012 Vehicle Detector Loops Project Completion - Accept MOTION: Accept the 2012 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: The 2012 Loop Replacement Project replaced damaged induction loops to improve traffic signal functionality at 24 signal locations. The original contract amount was $125,134.68. The final contract amount was $107,700.86. This project is now complete and ready for acceptance by the City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7M TO: City Council DATE: January 21, 2014 SUBJECT: 2013 Thermo Plastic Markings Project Completion - Accept MOTION: Accept the 2013 Thermo Plastic Markings Project as complete and release retainage to Stripe Rite Inc., upon receipt of standard releases from the state and the release of any liens. SUMMARY: Crosswalks, railroad crossings, stop bars, and high occupancy vehicle (HOV) roadway markings are all done with thermoplastic material. Application of thermoplastic is dependent on good weather, so it is normally limited to the months of July through September. Public Works Operations crews have historically applied these markings and will continue to apply markings as time allows. However, they did not have available resources during the application window to meet the work load. Therefore, several locations (predominately within the valley), were identified to be included as part of a contracted thermoplastic project. This project consisted of installing 2,600 feet of plastic stop lines, 13,800 square feet of plastic crosswalk lines, and 56 each of plastic carpool lane symbols and 52 each of plastic railroad crossing symbols. The original contract amount was $226,510.00. The final contract amount was $211,519.50. The contract is now complete and ready for Council acceptance. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: Contract will be paid from Business & Occupation tax revenue. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7N TO: City Council DATE: January 21, 2014 SUBJECT: 2013 Vehicle Detector Loops Project Completion - Accept MOTION: Accept the 2013 Vehicle Detector Loops Project as complete and release retainage to Totem Electric of Tacoma, Inc. upon receipt of standard releases from the state and the release of any liens. SUMMARY: The project consisted of re-installing 99 traffic loops that were inoperable at various locations in the City. Loop reconstruction is necessary to provide more efficient traffic signal operations. The original contract amount was $125,532.50. The final contract amount was $100,846.78. This contract is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded from the Business and Occupation tax. Replacement costs for loops are not budgeted year-to-year because failure is not predictable. This item did not need to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 70 TO: City Council DATE: January 21, 2014 SUBJECT: Hawley Road Levee Improvements Phase I Project Completion - Accept MOTION: Accept the Hawley Road Levee Improvements Phase I Project as complete and release retainage to SCI Infrastructure LLC, upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of constructing approximately 835 linear feet of levee including raising the existing Hawley Road, adjusting existing utilities, detention pond excavation and other miscellaneous work related to reconstruction and certification of the Hawley Road Levee. Phase II of this project is currently under construction and will be completed later this spring. The original contract amount was $543,926.51. The final contract amount was $397,356.95. Phase I is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This project was funded through a combination of a state grant, and City drainage funds. The state grant reimbursed the City roughly $900,000 for the costs of the Conditional Letter of Map Revision incurred after July 1, 2011 and all design and construction costs for the same time period through June 30, 2013. This item did not have to be brought to Committee. This page intentionally left blank. KENT Agenda Item: Consent Calendar — 7P TO: City Council DATE: January 21, 2014 SUBJECT: Horseshoe Bend and Upper Russell Road Levee Plantings Project Completion - Accept MOTION: Accept the Horseshoe Bend and Upper Russell Road Levee Plantings Project as complete and release retainage to Restoration Logistics, upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of the installation of approximately 15,600 native plants in a stream buffer, wetland, new stream channel and live stake planting area. The plants varied from trees in five gallon size containers to herbaceous plugs. This work was required to provide mitigation for impacts caused by the City's secondary levee construction projects. The original contract amount was $87,472.62. The final contract amount was $94,865.81. This project is now complete and ready for acceptance by City Council. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: The Horseshoe Bend portion of the project was paid out of the $10,000,000 State Grant. The Upper Russell Road portion of the project was paid for out of the City's stormwater utility. This item did not need to be brought to Committee. This page intentionally left blank. KENT ^'^ Agenda Item: Other Business — 8A TO: City Council DATE: January 21, 2014 SUBJECT: Council Position No. 6 — Appointment Process MOTION: No motion at this time. SUMMARY: On January 16, 2014, Councilmember Ken Sharp announced his resignation of Council Position No. 6. Council President Dana Ralph will present the process to fill the position vacated by former councilmember Ken Sharp. EXHIBITS: RECOMMENDED BY: Council President Dana Ralph YEA: NAY: BUDGET IMPACTS: N/A This page intentionally left blank. KENT Agenda Item: Bids — 9A TO: City Council DATE: January 21, 2014 SUBJECT: Briscoe-Desimone Levee Improvements, Reaches 2 and 3 Bid - Award MOTION: Authorize the Mayor to award the bid for the Briscoe-Desimone Levee Improvements Reaches 2 and 3 project to Tapani, Inc., in the amount of $6,709,555.56 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Briscoe-Desimone Levee is located along the east side of the Green River between S. 180th Street and S. 200th Street. The levee straddles the border between Kent and Tukwila providing flood protection for the Cities of Kent, Tukwila and Renton. Levee certification studies conducted in 2010 indicated that four areas of this levee require improvements to meet federal levee safety standards. Reaches 2 and 3 of this levee are located between S. 189th Street and S. 194th Street. Reaches 2 and 3 will be constructed first, followed by Reaches 1 and 4 in 2015. In 2011, the city, King County Flood Control District (KCFCD), was successful in obtaining a $7 million grant from the Washington State Legislature to fund reconstruction of the Briscoe-Desimone Levee. In June 2013 the City entered into an Interlocal Agreement with the KCFCD which allocated an additional $11 million of District funds and assigned responsibility for design and construction of the project to the City of Kent. Bid opening for this project was held on January 16, 2014 with 10 bids received. The lowest responsible and responsive bid was submitted by Tapani, Inc. in the amount of $6,709,555.56. The Engineer's estimate was $8,452,467.11. The Public Works Director recommends awarding this contract to the low bidder. EXHIBITS: Memorandum, dated 1/16/2014 RECOMMENDED BY: Public Works Director YEA: NAY: BUDGET IMPACTS: This contract will be funded out of the $18 million which was allocated to the Briscoe-Desimone Levee project through an Interlocal Agreement with the KCFCD. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy ]. LaPorte, P.E., Public Works Director N.147 KENT Address: 220 Fourth Avenue S. bVPSAINO-0N Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: January 17, 2014 TO: Mayor Cooke and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Briscoe-Desimone Levee Improvements Reaches 2 and 3 Bid opening for this project was held on Thursday, January 16, 2013 with 10 bids received. The lowest responsible and responsive bid was submitted by Tapani, Inc. in the amount of $6,709,555.56. The Engineer's estimate was $8,452,467.11. The Public Works Director recommends awarding this contract to Tapani, Inc. Bid Summary 01. Tapani, Inc. $6,709,555.56 02. IMCO General Construction $7,566,558.95 03. SB Structures, LLC $7,638,924.66 04. Rodarte Construction, Inc. $7,725,348.19 05. Quigg Brothers, Inc. $7,797,561.80 06. Icon Materials $8,266,699.22 07. Frank Coluccio Construction Company $8,323,214.36 08. Rognlin's, Inc. $8,347,257.89 09. Atkinson Construction $8,462,037.63 10. Tri State Construction, Inc. $9,231,146.20 Engineer's Estimate $8,452,467.11 REPORTS FROM STAFF, COUNCIL COMMITTEES, AND SPECIAL COMMITTEES A. Council President B. Mayor C. Administration D. Economic & Community Development E. Operations F. Parks & Human Services G. Public Safety H. Public Works I. Regional Fire Authority J. Other K. Other This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION