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City Council Meeting - Council - Agenda - 08/18/2015
r nrmueui »nr �'11�1WttuDjlur r IVP /rr%/p/i%rlAm//// U%//o m w � . r //r rf r/ /G'/���r��//�� %r0�// ��/,)ll��✓ri/!/i ro�dll/YiiiiO/��.����lr' �,�;;/ �. v, r � rr l .�$� lf�r',p %/✓�i r�i/err / jj*' l(✓ 1 / rr/ v� off . 'U� /tj 9W+4�1/r MIM • . hmp} .411 is w i r i' t f xExt�'� r, � . ,�✓ /! rr�i �a r adrcW„4„ This page intentionally left blank. 40 KENT CITY COUNCIL AGENDAS 1k August 18, 2015 wv . . `�..40.�✓ Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 P.M. Subiect Speaker Time Legislative Update Doug Levy 30 min Morrill Meadows Park Expansion &YMCA Update Jeff Watling/Nathan Phillips 30 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary B. Public Recognition C. Community Events D. Proclamation for Women's Equality Day E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARING A. Russell Road Upper Levee — North and South Reach Condemnation Ordinance — Public Hearing 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, "Public Comments," on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Water Resource Inventory Area (WRIA) 8 Interlocal Agreement — Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED C. Grant Acceptance for 2015-2017 Commute Trip Reduction Program — Approve D. Contract Amendment to Extend 913 Bus Service for Five Additional Years — Authorize E. Riverview Park Channel Restoration — Grass Field Improvements — Accept as Complete F. Malik Ridge Bill of Sale — Accept G. 2014 Residential Traffic Calming Project — Accept as Complete H. Sport Court Repair and Resurfacing Project with Pacific Ace LLC - Accept as Complete I. Genesis Marketing — Consultant Services Agreement — Authorize J. Re-appointment to the Lodging Tax Advisory Committee - Confirm 8. OTHER BUSINESS 9. BIDS A. Riverview Park Trail Relocation Project — Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 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 website at 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. COUNCIL WORKSHOP 1) Legislative Update, Doug Levy 2) Morrill Meadows Park Expansion & YMCA Update, Jeff Watling/Nathan Phillips This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Historical Note from Kent's 125th Anniversary B) Public Recognition C) Community Events D) Proclamation for Women's Equality Day E) Public Safety Report F) Intergovernmental Reports This page intentionally left blank. KE'* [ a Agenda Item: Public Hearing — 5A TO: City Council DATE: August 18, 2015 SUBJECT: Russell Road Upper Levee — North and South Reach Condemnation Ordinance — Public Hearing MOTION: Adopt Ordinance No. , providing for the acquisition by condemnation of certain property and/or property rights for the Russell Road Upper Levee Improvement Project. SUMMARY: The City of Kent has partnered with the King County Flood Control District (KCFCD) to improve the Russell Road Upper Levee where sections of the levee did not meet federal standards. Construction of the North Reach segment was completed in 2013. Construction of a portion of the South Reach segment, at the James Street/Russell Road Intersection, was completed in early 2015 and the remaining construction work at the South Reach is scheduled to begin this summer. Property acquisition was not required to construct the North Reach, however, as part of our agreement with the KCFCD, we are required to purchase an easement from the homeowners associations (HOAs) of Marina Pointe and Riverplace to maintain, inspect, and repair the levee as needed. The City has worked to acquire property for the South Reach project from the neighboring HOAs, however, Regatta at the Lakes signed a Possession and Use Agreement with the City which allows construction to take place and also allows the Regatta at the Lakes HOA board more time to negotiate a settlement. Part of the Possession and Use Agreement requires the City to be prepared to file for condemnation if negotiating a Possession and Use Agreement would delay the project schedule. The property the City needs to acquire is "common area," owned by all of the condominium units in the HOAs. No privately held land or individual units will be acquired in the process. EXHIBITS: 1) Russell Road Upper Levee — North and South Reach Condemnation Ordinance 2) Legal Descriptions-Exhibit A 3) Maps-Exhibit B RECOMMENDED BY: Public Works Committee YEA: N/A NAY: N/A BUDGET IMPACTS: There are no budget impacts as the King County Flood Control District will reimburse the City for expenditures on this project. This page intentionally left blank. EXHIBIT A TAX LOT 7212220000 THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5°39'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03°17'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031110", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S6803947"E 65.34 FEET; THENCE S71°00'54"E 28.90 FEET; THENCE S69157'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52113'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE S36006'49"W, ALONG SAID SOUTHEASTERLY LINE, 41.50 FEET TO THE POINT OF BEGINNING. S LEE � CONTAINING 25,144 SQUARE FEET, MORE OR LESS, WAS''•a Q' 4W19 �O�`at I.nrro EXHIBIT A TAX LOT 7212220000 UTILITY EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE'CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S680394711E 65.34 FEET; THENCE S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID SOUTHEASTERLY LINE, 10.00 FEET; THENCE N52013'57"W, LEAVING SAID SOUTHEASTERLY LINE, 81.80 FEET; THENCE N74039'04"W 31.74 FEET; THENCE N68002'33"W 32.73 FEET; THENCE N62°56'07"W 129.45, THENCE N69057'17"W 187.09 FEET; THENCE N71000'54"W 28.79 FEET; THENCE N6803947"W 65.21 Page 1 of 2 FEET; THENCE N69033'16"W 163.13 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N58010'32"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04034'32", AN ARC DISTANCE OF 17,25 FEET TO THE POINT OF BEGINNING. CONTAINING 7,117 SQUARE FEET, MORE OR LESS. 4.�"QOF EE O o• � 18 Page 2 of 2 EXHIBIT A TAX LOT 7212220000 RIVER PROTECTION EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S6803947"E 65.34 FEET; THENCE S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68102'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID SOUTHEASTERLY LINE, 15.01 FEET; THENCE N52113'57"W, LEAVING SAID SOUTHEASTERLY LINE, 82.65 FEET; THENCE N74139'04"W 32.44 FEET; THENCE N68002'33"W 32.22 FEET; THENCE N62056'07"W 129.53, THENCE N69057'17"W 187.45 FEET; THENCE N71000'54"W 28.73 FEET; THENCE N6803947"W 65.15 Page 1 of 2 FEET; THENCE N69033'16"W 169.39 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N60117'35"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06041'34", AN ARC DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING. CONTAINING 10,736 SQUARE FEET, MORE OR LESS. S..,EE �°F wnsq •Old O. " ,9 �mac . ONaturA DLJ/J Page 2 of 2 EXHIBIT A EASEMENT RIVER PROTECTION APN #5148970000 THAT PORTION OF MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 3, AS RECORDED IN VOLUME 139 OF CONDOMINIUMS, PAGES 25 THROUGH 35, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 4, AS RECORDED IN VOLUME 141 OF CONDOMINIUMS, PAGES 38 THROUGH 47, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 6, AS RECORDED IN VOLUME 148 OF CONDOMINIUMS, PAGES 79 THROUGH 90, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PHASE 3; THENCE S89020'00"E, ALONG THE SOUTH LINE OF SAID PHASE 3, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 3; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25025'33", AN ARC DISTANCE OF 181.94 FEET TO A POINT OF TANGENCY; THENCE N19050'00"W 181.77 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 4; THENCE CONTINUING N19050'00W 24.23 FEET ON A LINE THAT IS 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 4 TO A POINT OF TANGENCY WITH A 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31012'51", AN ARC DISTANCE OF 236.98 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 6; THENCE CONTINUING ON SAID 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 6, THROUGH A CENTRAL ANGLE OF 3009'39", AN ARC DISTANCE OF 24.00 FEET TO A POINT OF TANGENCY; THENCE N54112'30"W 224.00 FEET TO A POINT OF TANGENCY WITH A 1515.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 114.60 FEET TO AN ANGLE POINT; THENCE S40007'32"W 10.00 FEET TO THE SOUTHWESTERLY LINE OF SAID PHASE 6 AND A POINT ON A 1525.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N40007'32"E; THENCE SOUTHWESTERLY, ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 115.35 FEET TO A POINT OF TANGENCY; THENCE S54°12'30"E 224.00 FEET TO A POINT OF TANGENCY WITH A 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; Page 1 of 2 THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3007'30", AN ARC DISTANCE OF 23.18 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 6; THENCE CONTINUING ON SAID 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, SAID CURVE BEING THE SOUTHWESTERLY LINE OF SAID PHASE 4, THROUGH A CENTRAL ANGLE OF 31015'00", AN ARC DISTANCE OF 231.80 FEET TO A POINT OF TANGENCY; THENCE 519050'00"E 24.23 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 4; THENCE CONTINUING 519050'00"E 181.77 FEET ON THE WEST LINE OF SAID PHASE 3 TO A POINT OF TANGENCY WITH A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25032'57", AN ARC DISTANCE OF 178.37 FEET TO THE POINT OF BEGINNING, CONTAINING 9,831 SQUARE FEET, MORE OR LESS. 4,��tioF EE.�,por le �}, 4631D �S' 'QFCISIk"R�' 1pN�IAND N _ Page 2 of 2 EXHIBIT EASEMENT RIVER PROTECTION APN #7338100000 THAT PORTION OF RIVERPLACE AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 128 OF CONDOMINIUMS, PAGES 5 THROUGH 7, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PHASE 1; THENCE S89020'00"E, ALONG THE NORTH LINE OF SAID PHASE 1, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 1; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11056'59", AN ARC DISTANCE OF 85.51 FEET TO THE BEGINNING OF A 116.88 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N71121'58"W; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26039'41", AN ARC DISTANCE OF 54.39 FEET TO A POINT ON THE WEST LINE OF SAID PHASE 1, SAID POINT BEING THE BEGINNING OF A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS N64157'34"W; THENCE NORTHERLY, ALONG SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 19019'29", AN ARC DISTANCE OF 134.91 FEET TO THE POINT OF BEGINNING. CONTAINING 1,185 SQUARE FEET, MORE OR LESS. t�SoF was �l ,y to l�AI Law 5- 21 - �?Oi5 S.E. SEC. 15 T. 22 N R. 04 E r , � i l �,RAR[IVJA �'OPATs AT THE LLAA-X 9 �uvsl�I��L.��C���u TLVJ���Gss� INSPECTION EASEMENT d3 d3 \ d� d� GREEN RIVER RIVERPLACE AT THE LAKES PARTIAL TAKE H�O T w..� .'"i 733810-0000 CITY OF KENT SCAE = 50 IXHIBR ENGINEERING DEPARTMENT mm 10/2014 r-il cinn%n4mm RI ISCFI Rn 1 NMdwnW WTI MIRFAfH 1\pnw1RNFR PI AFF r SOnOMS 3-iR-W PM S.W. SEC. 14 T. 22 N R. 04 E -ti Lj i ;�,� f BRI�GTER r r 2i ✓kG�ATT A� iv r L� RIVER f a LJ AS�WENT n 10' UTI,LI�l EASE t F — \ \�\\\ RYA._ G?0E PROPERTY ACQUISITION NEW EASEMENT REGATTA PARTIAL TAKE i�A6T CITY "'"KENT SCALE: 1" = 150' 15 DMIRIR ENGINEERINGNG DEPARTMENT DATE: 05 26 rinpGnn%nP-inm PIIC61 P 1 I WFMdwn\rwu impFACH mnmPmAT a romA n dwn 5oonmS i-in-iR pM S.E. SEC. 15 T. 22 N R. 04 E �] ✓e \ \ \. +V , T.R. 14179-�1^I14,1$b/-' I DS MULTIPLE AC�C0UNT-s 2�417'52t,JD'PL 5 olk,)©Il��j �sT 1 10 INSPECTION EASEMENT { i� i=_FRA_E ROAD_ C PROPERTY LINE / RM 19.5 i MARINA POINTE AT THE LAKES PARTIAL TAKE AdT V ...... . . x SCALE i' ® 150' IXRIBR CITY OF KENT ENGINEERING DEPARTMENT OOZE 5/2015 G'10ocinn109-90f1(RIICCFI FO I NiF\tlwn\fNll ifNRFAfH i11l0W1MLRiNP Pn1NTP Ar11 tlwn SpOI)Itl5 iSSiN VM This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the city of Kent, Washington, providing for the acquisition of certain property and/or property rights by eminent domain in order to construct, extend, widen, improve, alter, maintain, and reconstruct portions of the Green River levee system, and declaring the same to be a public use; providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for that purpose; directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements; and acknowledging that all of the affected real property is located within the corporate limits of the city of Kent in King County, Washington. RECITALS A. The SR 516 to S. 231st Way Levee Improvement Project ("Project") is necessary to provide flood protection to the Green River Valley, which includes the city of Kent, the city of Tukwila and the city of Renton. Upper Russeii Road North and South Reach 1 Levee Improvement Condemnation Ordinance B. The city of Kent ("City") must acquire certain property and property rights along the Project alignment in order to complete the Project. C. Efforts by City staff are currently ongoing to acquire the property necessary for this public use by negotiation and settlement agreements. D. In the event that negotiated acquisition is not fully successful it is essential that the City be prepared to initiate condemnation proceedings so that the Project can be timely constructed. E. The City has provided the requisite notice in the manner provided for in RCW 8.12.005 and 8.25.290. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, - After receiving the report of City staff and after reviewing the planned improvements for the Project, the City Council finds and declares that the public convenience, use, health, safety and necessity demand that the city of Kent condemn, appropriate, take, and damage portions of certain real property located within the corporate limits of Kent in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. The property to be acquired or which property rights are to be acquired (collectively the "Acquisition Area") is legally described in Exhibit "A" and approximately depicted in Exhibit "B," both of which are attached hereto and incorporated herein by this reference. The Upper Russeii Road North and South Reach 2 Levee Improvement Condemnation Ordinance precise scope of the taking may change if engineering requires modification of present plans. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, and reconstruction required for the Project. SECTION 2, - The City Council authorizes the acquisition by condemnation of all or a portion of the Acquisition Area for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to established standards. SECTION 3, - The City shall condemn the Acquisition Area only upon completion of all steps and procedures required by applicable federal, state, and local laws and regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. - The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's project fund or from any of the City's general funds if necessary, as may be provided by law. SECTION 5, - The City Council authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the property. In commencing this condemnation procedure, the City Council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages, which settlements, stipulations, or agreements may include but not be Upper Russeii Road North and South Reach 3 Levee Improvement Condemnation Ordinance limited to the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6, — 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 the same shall maintain its full force and effect. SECTION 7, — 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. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK Upper Russeii Road North and South Reach 4 Levee Improvement Condemnation Ordinance APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12015. APPROVED: day of 12015. PUBLISHED: day of 12015. 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\Condemnation Ordinance-UPRR North and S uM R ach.docx Upper Russeii Road North and South Reach 5 Levee Improvement Condemnation Ordinance EXHIBIT A TAX LOT 7212220000 THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5°39'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03°17'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031110", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S6803947"E 65.34 FEET; THENCE S71°00'54"E 28.90 FEET; THENCE S69157'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52113'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE S36006'49"W, ALONG SAID SOUTHEASTERLY LINE, 41.50 FEET TO THE POINT OF BEGINNING. S LEE � CONTAINING 25,144 SQUARE FEET, MORE OR LESS, WAS''•a Q' 4W19 �O�`at I.nrro EXHIBIT A TAX LOT 7212220000 UTILITY EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE'CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S680394711E 65.34 FEET; THENCE S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID SOUTHEASTERLY LINE, 10.00 FEET; THENCE N52013'57"W, LEAVING SAID SOUTHEASTERLY LINE, 81.80 FEET; THENCE N74039'04"W 31.74 FEET; THENCE N68002'33"W 32.73 FEET; THENCE N62°56'07"W 129.45, THENCE N69057'17"W 187.09 FEET; THENCE N71000'54"W 28.79 FEET; THENCE N6803947"W 65.21 Page 1 of 2 Exhibit A FEET; THENCE N69033'16"W 163.13 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N58010'32"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04034'32", AN ARC DISTANCE OF 17,25 FEET TO THE POINT OF BEGINNING. CONTAINING 7,117 SQUARE FEET, MORE OR LESS. 4.�"QOF EE O o• � 18 Page 2 of 2 EXHIBIT A TAX LOT 7212220000 RIVER PROTECTION EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S6803947"E 65.34 FEET; THENCE S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68102'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID SOUTHEASTERLY LINE, 15.01 FEET; THENCE N52113'57"W, LEAVING SAID SOUTHEASTERLY LINE, 82.65 FEET; THENCE N74139'04"W 32.44 FEET; THENCE N68002'33"W 32.22 FEET; THENCE N62056'07"W 129.53, THENCE N69057'17"W 187.45 FEET; THENCE N71000'54"W 28.73 FEET; THENCE N6803947"W 65.15 Page 1 of 2 EXHIBIT A FEET; THENCE N69033'16"W 169.39 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N60017'35"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06041'34", AN ARC DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING. CONTAINING 10,736 SQUARE FEET, MORE OR LESS. S..,EE �°F wnsq •Old O. " ,9 ��cs ONaturA DLJ/J Page 2 of 2 EXHIBIT A EASEMENT RIVER PROTECTION APN #5148970000 THAT PORTION OF MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 3, AS RECORDED IN VOLUME 139 OF CONDOMINIUMS, PAGES 25 THROUGH 35, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 4, AS RECORDED IN VOLUME 141 OF CONDOMINIUMS, PAGES 38 THROUGH 47, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 6, AS RECORDED IN VOLUME 148 OF CONDOMINIUMS, PAGES 79 THROUGH 90, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PHASE 3; THENCE S89020'00"E, ALONG THE SOUTH LINE OF SAID PHASE 3, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 3; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25025'33", AN ARC DISTANCE OF 181.94 FEET TO A POINT OF TANGENCY; THENCE N19050'00"W 181.77 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 4; THENCE CONTINUING N19050'00W 24.23 FEET ON A LINE THAT IS 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 4 TO A POINT OF TANGENCY WITH A 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31012'51", AN ARC DISTANCE OF 236.98 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 6; THENCE CONTINUING ON SAID 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 6, THROUGH A CENTRAL ANGLE OF 3009'39", AN ARC DISTANCE OF 24.00 FEET TO A POINT OF TANGENCY; THENCE N54112'30"W 224.00 FEET TO A POINT OF TANGENCY WITH A 1515.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 114.60 FEET TO AN ANGLE POINT; THENCE S40007'32"W 10.00 FEET TO THE SOUTHWESTERLY LINE OF SAID PHASE 6 AND A POINT ON A 1525.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N40007'32"E; THENCE SOUTHWESTERLY, ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 115.35 FEET TO A POINT OF TANGENCY; THENCE S54°12'30"E 224.00 FEET TO A POINT OF TANGENCY WITH A 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; Page 1 of 2 EXHIBIT A THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3007'30", AN ARC DISTANCE OF 23.18 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 6; THENCE CONTINUING ON SAID 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, SAID CURVE BEING THE SOUTHWESTERLY LINE OF SAID PHASE 4, THROUGH A CENTRAL ANGLE OF 31015'00", AN ARC DISTANCE OF 231.80 FEET TO A POINT OF TANGENCY; THENCE 519050'00"E 24.23 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 4; THENCE CONTINUING 519050'00"E 181.77 FEET ON THE WEST LINE OF SAID PHASE 3 TO A POINT OF TANGENCY WITH A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25032'57", AN ARC DISTANCE OF 178.37 FEET TO THE POINT OF BEGINNING, CONTAINING 9,831 SQUARE FEET, MORE OR LESS. 4,��tioF EE.�,por le �}, 4631D �S' 'QFCISIk"R�' 1pN�IAND N _ Page 2 of 2 EXHIBIT A EXHIBIT EASEMENT RIVER PROTECTION APN #7338100000 THAT PORTION OF RIVERPLACE AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 128 OF CONDOMINIUMS, PAGES 5 THROUGH 7, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PHASE 1; THENCE S89020'00"E, ALONG THE NORTH LINE OF SAID PHASE 1, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 1; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11056'59", AN ARC DISTANCE OF 85.51 FEET TO THE BEGINNING OF A 116.88 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N71121'58"W; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26039'41", AN ARC DISTANCE OF 54.39 FEET TO A POINT ON THE WEST LINE OF SAID PHASE 1, SAID POINT BEING THE BEGINNING OF A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS N64157'34"W; THENCE NORTHERLY, ALONG SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 19019'29", AN ARC DISTANCE OF 134.91 FEET TO THE POINT OF BEGINNING. CONTAINING 1,185 SQUARE FEET, MORE OR LESS. t�SoF was �l ,y to l�AI Law 5- 21 - �?Oi5 EXHIBIT B S.E. SEC. 15 T. 22 N R. 04 E r , � i l �,RAR[IVJA � MATs AT THE LA A- 9 �uvsl�I��L.��C���u TLVJ���Gss� INSPECTION EASEMENT d3 d3 \ d� d� GREEN RIVER RIVERPLACE AT THE LAKES PARTIAL TAKE H�O T w..� .'"i 733810-0000 CITY OF KENT SCAE = 50 IXHIBR ENGINEERING DEPARTMENT mm 10/2014 r-il cinn%n4mm RI ISCFI Rn 1 NMdwnW WTI MIRFAfH 1\pnw1RNFR PI AFF r SOnOMS 3-iQ-W PM S.W. SEC. 14 T. 22 N R. 04 E -ti % i - f BRIDGTER -� C 1 ' RIVER f a LJ ASMEfJT n 10' UTI,LIP(\ EA�f�ttJT — X \ 41momemmum, RYA._ G?0E PROPERTY ACQUISITION NEW EASEMENT REGATTA PARTIAL TAKE KENT CITY "'"KENT SCALE: 1" = 150' DMIRIR ENGINEERINGNG DEPARTMENT DATE: 05 2D15 11 rinpGnn%nP-inm Ptimm P 1 I WFMdwn\rwu inwFACH TRONAPPGATT6 romAmm dwn 5oonmS i-in-iR Pm EXHIBIT B S.E. SEC. 15 T. 22 N R. 04 E +V , T.R. 14179-01^I14,1$b/ 5 5 IDS MULTI LE C�C0l9S"�V,S 2�1a'52t,JD'PL 5 o�BIG°©Ilis u � 10' INSPECTION EASEMENT I._ �� a ��i=_FRAGER ROAD C PROPERTY LINE / RM 19.5 i MARINA POINTE AT THE LAKES PARTIAL TAKE AdT w.exu.... CITY OF KENT SCALE 1' ® 150' IXRIBR ENGINEERING DEPARTMENT OOZE 5/2015 G'10ocinn109-90f1(RIICCFI RO I F FF\Hw.AFWTI iMRFAFH 11R0WWAPTNP PnTN F A01 e— vgnnn153 Sg4R PM 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 J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the special council meetings of July 28 and August 4, 2015. This page intentionally left blank. KE O T N(p5N O'I'U 1 Kent City Council Special Meeting Minutes July 28, 2015 The special meeting of the Kent City Council was called to order at 5:31 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Fincher, Higgins, Ralph, and Ranniger. Councilmember Thomas was excused by a Council motion made and carried 6-0 at the August 4, 2015 meeting. OPENING REMARKS Council President Ralph stated that the purpose of the meeting is for the Council to consider a resolution to place an advisory proposition relating to fireworks on the November 3 ballot. She noted that it is for the sale, possession, and discharge of private fireworks. City Administrator Matheson communicated that there is a revised resolution on the dais and it contains the revised dates the City has to provide the pro/con committee names to King County Elections. Mayor Cooke noted that this resolution concerns private fireworks and that the public fireworks would be permitted. This, she said, is an advisory vote that the Council is obtaining from the public. This vote doesn't change any laws, she pointed out. OTHER BUSINESS A. Resolution Callina for an Advisory Proposition Relatina to Fireworks — Adopt. Councilmember Berrios moved to adopt Resolution No. 1913, placing Advisory Proposition No. 1 on the November 3, 2015 election ballot asking voters whether the sale, possession, and discharge of consumer fireworks should be prohibited in Kent, seconded by Councilmember Higgins. Councilmember Berrios thanked the Council for getting to this point and stated that the City has received several complaints as well as concerns from parties that are against a ban. He noted that it is time for everyone to have a voice on this issue. Councilmember Higgins noted that the Council has received a large amount of correspondence on this issue. He noted that this is an advisory item and the Council needs to follow through if the citizens vote for a ban. He noted that whatever the turnout is, there will be some citizenry that will be dissatisfied at the end. He encouraged everyone to respect the will of the majority for whatever happens. He added that he will be right there to ensure the laws are enforced when this is concluded. Kent City Council Special Meeting Minutes Councilmember Boyce clarified that whatever the vote turns out, the Council may or may not bring this item back for action. Council President Ralph communicated that because of state law, if the Council was to pass a ban, it wouldn't go into effect until July 4, 2017. A vote was taken on the motion on the table which carried 6-0. Council President Ralph stated that the Council now seeks applicants for the pro/con committee which will write the statements for and against the ban for the voter's pamphlet. She noted that there is a limit of three applicants per committee which will be appointed by the Council on August 4. She stated that the applications to serve on either committee will be available on the City's website at 6 p.m. and they are due to the City Clerk's Office by August 3 at 5 p.m. ADJOURNMENT The meeting adjourned at 5:44 p.m. Ronald F. Moore, MMC 2 KE O T N(p5N O'I'U 1 Kent City Council Special Meeting Minutes August 4, 2015 The special meeting of the Kent City Council was called to order at 5:01 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Ranniger, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief Administrative Officer Derek Matheson recommended adding an excused absence for Councilmember Thomas who was absent for the Council meeting of July 28, 2015. He also suggested adding an executive session concerning property negotiations as per RCW 42.30.110(1)(b) for a period of five minutes. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary — Craig Allen Reitan, Chief Financial Officer of the Greater Kent Historical Society and Kent resident, presented the history of long-time Kent business, Pay N Pak and its hydroplane boats. He noted that Pay N Pak Corporation opened in the City of Kent in 1969 and highlighted the success of the Pay N Pak hydroplane boats over the years. He informed the audience that the Hydroplane and Race Boat Museum is located at 5917 South 196th Street and the Greater Kent Historical Museum is at 855 East Smith Street. B. Public Recognition — None. C. Community Events — Council President Ralph highlighted that the Seattle Thunderbirds hockey team preseason games begin on September 16. She added that the circus will be there on September 24 and 27 and the Thunderbirds home opener is October 3. She added that the Scorpions and Queensryche will be at the ShoWare is on October 9. Mayor Cooke communicated that Bryan Reil from the Kent Municipal Court is the Employee of the Month for July. Mayor Cooke communicated that there are several history focused events going on in the City on August 15th, such as the open house at the Hydroplane and Race Boat Museum, the Garden Walking Tour for the Mill Creek Historic Neighborhood District, the Neely-Soames open house, the Soos Creek Botanical Garden and Heritage Center's "Experience Historical Kent" event, and the historic downtown Kent walking tour. D. Intergovernmental Reports. — Council President Ralph communicated that she attended the Regional Law Safety and Justice Committee meeting in Seattle. Mental health was the topic at this meeting as well as a discussion on legislative revisions regarding involuntary treatment, commitment and criminal competency. She also noted positive revisions to the laws concerning families being able to appeal the commitment of family members to treatment. She noted that treatment beds are Kent City Council Special Meeting Minutes limited which posed the question of whether private hospitals can be utilized to fill that need. She communicated that there is an increase and a link between people entering the criminal justice system and mental health. The idea is to get these people the help and treatment that they need in order to stay out of the criminal justice system. Councilmember Fincher stated she had no report from the King Conservation District and there will be no meeting in August. Councilmember Boyce highlighted that the Sound Cities Association Public Issues Committee has their meeting on November 9 and he has no other report. PUBLIC HEARING None. PUBLIC COMMENT None. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through K, seconded by Councilmember Thomas. Motion carried 6-0. A. Approval of the minutes — Approve. The minutes of the workshop and regular council meeting of July 21 2015 were approved. B. Payment of Bills — Approve. Bills received through June 30 and paid on June 15 and June 30 after auditing by the Operations Committee on July 21 2015. C. Excused Absence for Councilmember Dennis Hiaains - Approve. An excused absence for Councilmember Higgins as he is unable to attend the City Council meeting of August 4, 2015. D. Appointment of the Financial Sustainability Task Force - Confirm. The Council was authorized to confirm the Selection Committee's appointments of Jerry Coupe, Lamont Williams, Tom Smith, Ricki Robinson, Andrew Hough, April Santa Rosa, Delores Christianson, Richard Wilkinson, Ross Hardy, Michael Johnson, Atama Anand, Dennis Manes, Lew Sellers, Alan Gray, Mohinder Sohal, Elmo "LaMont Palmer, Parwinder Dhanda and Marcia "Lisa" Bartholomew to the Financial Sustainability Task Force. E. Consultant Aareement with KBA Inc. — S. Central Construction Manaaement —Authorize. The Mayor was authorized to sign a Consultant Services Agreement with KBA Inc., in an amount not to exceed $600,000, to provide construction management services for the Central Avenue S. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 2 Kent City Council Special Meeting Minutes F. Overlay Proiect Chanae Order — ICON — Authorize. The Mayor was authorized to sign a Construction change order with ICON Materials for $519,604.25 to provide additional asphalt work on 40th Avenue South between South 272nd and north of Cambridge Court, and 42nd Ave South between Reith Road and South 261st Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Water District #111 Service Boundary Chance Agreement - Approve. The Mayor was authorized to sign an agreement with Water District #111 that would adjust the water service area and corporate boundary of the Kent water utility to include the On Rainier Pond Plat, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. 2014 Downtown Parkina Sian Replacement — Accept as Complete. The Mayor was authorized to accept the 2014 Downtown Parking Sign Replacement Project as complete and release retainage to Transportation Systems, Inc. upon receipt of standard releases from the state and the release of any liens. I. 2015 Crack Sealing Proiect — Accept as Complete. The Mayor was authorized to accept the 2015 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. J. Grant Application Resolution to Recreation and Conservation Office for Turf Renovation at Hoaan Park - Adopt. Resolution No. was adopted, authorizing the submittal of a grant application to the Recreation and Conservation Office to assist in funding the conversion of Hogan Park baseball field number one to a synthetic turf, multi-use field. OTHER BUSINESS A. 2015 LTGO Refundina Bonds Ordinance — Adopt. Aaron BeMiller, Finance Director communicated the item. He communicated that this ordinance is to refund the 2006 series bonds. He noted that the City will be refunding $8,600,000. He highlighted the six conditions that need to be met for the designated representative to approve the final refunding. Council President Ralph moved to adopt Ordinance No. 4160, providing for the issuance of one or more series of limited tax general obligation refunding bonds in the aggregate principal amount not to exceed $30,000,000 to refund certain outstanding bonds and to pay costs of issuing the bonds; providing the form and terms of the bonds; and delegating the authority to approve the final terms of the bonds, seconded by Councilmember Boyce. Motion carried 6-0. B. Fireworks Advisory Proposition Pro and Con Committees — Appoint. Mayor Cooke spoke on the item. She communicated that this is for the advisory pro/con committees. She noted that the item will be a part of the November 3 ballot. 3 Kent City Council Special Meeting Minutes Council President Ralph mentioned that there were 15 applicants and discussed the deadlines moving forward. Councilmember Berrios moved to appoint Gwen Allen-Carston, Dave McDougall, and Richard Brandau to serve on the committee advocating approval of Proposition 1, seconded by Councilmember Ranniger. Councilmember Thomas abstained. Motion carried 5-0. Council President Ralph moved to appoint Richard Wilkinson, Lorraine Brinkmann, and Colin Hauck to serve on the committee advocating disapproval of Proposition 1, and direct the City Clerk to submit the appointments to King County Elections, seconded by Councilmember Boyce. Motion carried 6-0. BIDS A. Briscoe-Desimone Levee Improvements Reach 4 - Award. Tim LaPorte, Public Works Director discussed the bid award. He reviewed the project and displayed what the improvements will look like once work is completed. He noted that Razz Construction is the low bidder. Council President Ralph moved to award the Briscoe-Desimone Levee Improvements Reach 4 Project to Razz Construction, Inc. in the amount of $873,421.28 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Fincher. Motion carried 6- 0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. - Council President Ralph noted that there was no Council workshop due to National Night Out. Therefore, there was nothing to report. B. Mayor. - No report. C. Chief Administrative Officer. - Chief Administrative Officer Derek Matheson stated that the CAO Report is in the packet and there will be a five-minute executive session. D. Economic & Community Development Committee. - No report. E. Operations Committee. - The report is in the Committee minutes. F. Parks and Human Services Committee. - No report. G. Public Safety Committee. - No report. H. Public Works Committee. - The report is in the Committee minutes. 4 Kent City Council Special Meeting Minutes I. Reaional Fire Authority. - No report and no meeting this month. EXECUTIVE SESSION At 5:27 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for five minutes to discuss property negotiations, per RCW 42.30.110(1)(b). At 5:32 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION Council President Ralph moved to authorize the Mayor to sign all necessary documents to complete the purchase of the Goodwin property located at 520 Kensington Avenue, in an amount not to exceed $115,000 plus reasonable closing costs, subject to approval of the final terms and conditions by the City Attorney and Public Works Director, seconded by Councilmember Fincher. Motion carried 6-0. ADJOURNMENT The meeting adjourned at 5:35 p.m. Ronald F. Moore, MMC City Clerk 5 This page intentionally left blank. KE'* [ a Agenda Item: Consent Calendar — 713 TO: City Council DATE: August 18, 2015 SUBJECT: Water Resource Inventory Area (WRIA) 8 Interlocal Agreement — Authorize MOTION: Authorize the Mayor to sign an interlocal agreement for the watershed basins within Water Resource Inventory Area S. SUMMARY: In 1999, the Federal Government listed Puget Sound Chinook salmon as threatened under the Endangered Species Act. In 2001, concerned about the need to protect and restore habitat for salmon, 27 cities and King County in Water Resource Inventory Area (WRIA) 8 signed an interlocal agreement (ILA) to jointly create a habitat conservation plan. WRIA 8 includes all of the Lake Washington Watershed, as well as near shore areas in Seattle. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 8 Chinook Habitat Plan and renewed for a ten year term which expires at the end of 2015. The local agencies that entered into the ILA share interest in and responsibility for addressing long term watershed planning and conservation and wish to continue providing for planning and implementation of various activities and projects. The proposed ILA has been updated to reflect the current goals and purposes of the WRIA 8 ILA parties. Ratification of the ILA would continue the city's support for preservation and restoration of salmon habitat in the Lake Washington, Cedar and Sammamish River watershed. WRIA 8 includes the Cedar River watershed area, of which Rock Creek is a tributary. The City of Kent's Clark Springs municipal water supply is located in the Rock Creek sub-watershed and, during certain times of the year, provides a majority of the city's water supply. The city considers the plan when making management decisions in the Rock Creek watershed, but would not be required through the ILA to implement any plan requirement or goal if doing so would threaten or harm the city's ability to provide a safe, secure and adequate water supply to its citizens. EXHIBITS: Interlocal Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: None This page intentionally left blank. INTERLOCAL AGREEMENT For the Watershed Basins within Water Resource Inventory Area 8 PREAMBLE THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this agreement that are located in King and Snohomish Counties, lying wholly or partially within the management area of Watershed Resource Inventory Area ("WRIA") 8, which includes all or portions of the Lake Washington, Cedar River, and Sammamish River basins, all political subdivisions of the State of Washington (individually for those signing this Agreement, "party", and collectively"parties"). The parties share interests in and responsibility for addressing long-term watershed planning and conservation. WHEREAS, the parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan ("WRIA 8 Plan") and improving watershed health for the watershed basins in WRIA 8 and wish to provide for funding and implementation of various activities and projects therein, and WHEREAS, Puget Sound Chinook salmon, including the WRIA 8 Cedar and Sammamish populations, were listed as threatened under the Endangered Species Act (ESA) in 1999, and WHEREAS, the parties recognize their participation in this Agreement demonstrates their commitment to proactively working to address the ESA listing of Chinook salmon, and WHEREAS, the parties recognize achieving WRIA 8 salmon recovery and watershed health goals requires a recommitment to, and acceleration of, the collaborative implementation and funding of salmon recovery actions, and WHEREAS, the parties have participated in an Interlocal Agreement for the years 2001- 2005 to develop the WRIA 8 Plan, contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans, and WHEREAS, the parties took formal action in 2005 and 2006 to ratify the WRIA 8 Plan, and WHEREAS, the parties have participated in an extension of the 2001-2005 Interlocal Agreement and an Interlocal Agreement for the years 2007-2015 to implement the WRIA 8 Plan, and WHEREAS, the parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the ESA, and 1 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 WHEREAS, the parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore salmon habitat, and WHEREAS, the parties wish to monitor and evaluate implementation of the WRIA 8 Plan through adaptive management, and WHEREAS,the parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds, and WHEREAS, the parties recognize climate change is likely to affect watershed ecosystem function and processes, and salmon habitat restoration actions are a proactive approach to making the watershed ecosystem more resilient to changing conditions, which supports watershed health for human communities and salmon populations, and WHEREAS, the parties have an interest in participating on the Puget Sound Salmon Recovery Council and other groups associated with Puget Sound recovery because of the contributions of the Lake Washington/Cedar/Sammamish Watershed to the overall health of Puget Sound and to collectively seek funding to implement the WRIA 8 Plan, and WHEREAS, the parties have an interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the WRIA 8 Plan, and WHEREAS, the parties have an interest in supporting implementation of the Puget Sound Partnership Action Agenda to restore the health of Puget Sound as it relates to salmon recovery and WRIA 8 priorities, and WHEREAS, the parties recognize the importance of efforts to protect and restore habitat for multiple species in the Lake Washington/Cedar/Sammamish Watershed, including Lake Sammamish kokanee, and will seek opportunities to partner and coordinate Chinook recovery efforts with these other efforts where there are overlapping priorities and benefits, and WHEREAS, the parties have an interest in achieving multiple benefits by integrating salmon recovery planning and actions with floodplain management, water quality and agriculture, and WHEREAS, the parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently, NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein, the parties hereto do mutually covenant and agree as follows: 2 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 MUTUAL COVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1. ELIGIBLE JURISDICTIONS: The governments eligible for participation in this Agreement as parties are the Counties of King and Snohomish, the cities of Bellevue, Bothell, Brier, Clyde Hill, Edmonds, Everett, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace, Mukilteo, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville, the towns of Beaux Arts, Hunts Point, Woodway and Yarrow Point, and other interested public agencies and tribes. 1.2. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council created herein is the governing body responsible for implementing this Agreement and is comprised of members who are designated representatives of eligible jurisdictions who have authorized the execution of and become parties to this Agreement. In addition, the WRIA 8 Salmon Recovery Council includes members who are not representatives of the parties and are comprised of a balance of stakeholder representatives and any other persons who are deemed by the parties to this Agreement to be appropriate for the implementation and adaptive management of the WRIA 8 Plan. The appointed representatives of parties will appoint the members who are not representing parties, using the voting provisions of Section 5 of this Agreement. 1.3. LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED(WRIA 8) CHINOOK SALMON CONSERVATION PLAN, JULY 2005: WRIA 8 Plan as referred to herein is the three volume document, and any subsequent updates adopted in accordance with the procedures provided for in Section 6 below, developed in partnership with stakeholder representatives and ratified by the parties to this Agreement for the purposes of preserving, protecting, and restoring habitat with the intent to recover listed species, including sustainable, genetically diverse, harvestable populations of naturally spawning Chinook salmon. 1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists of five (5) elected officials or their designees which elected officials are chosen by the party members of the WRIA 8 Salmon Recovery Council, according to the voting procedures in Section 5, and charged with staff oversight and administrative duties on the WRIA 8 Salmon Recovery Council's behalf. 1.5 SERVICE PROVIDER(S): Service Provider(s), as used herein, means that agency, government, consultant or other entity which supplies staffing or other resources to and for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service Provider(s) may be a party to this Agreement. 3 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in accordance with the requirements of Chapter 39.34 RCW. 1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within the WRIA who reflect the diverse interests integral for planning, implementation, and adaptive management for the recovery of the listed species under the Endangered Species Act, and may include but are not limited to environmental and business interests. 2. PURPOSES.The purposes of this Agreement include the following: 2.1 To provide a mechanism and governance structure for the implementation and adaptive management of the implementation of the WRIA 8 Plan 2.2 To share the cost of the WRIA 8 Service Provider team to coordinate and provide the services necessary for the successful implementation and management of the WRIA 8 Plan. The maximum financial or resource obligation of any participating eligible jurisdiction under this Agreement shall be limited to its share of the cost of the Service Provider staff and associated operating costs. 2.3 To provide a mechanism for securing technical assistance and funding from state agencies or other sources. 2.4 To provide a mechanism for the implementation of other multiple benefit habitat, water quality and floodplain management projects with local, regional, state, federal and non- profit funds as may be contributed to or secured by the WRIA 8 Salmon Recovery Council. 2.5 To annually recommend WRIA 8 salmon recovery programs and projects for funding by the King County Flood Control District through the District's Cooperative Watershed Management grant program. 2.6 To serve as the salmon recovery "Lead Entity" as designated by state law (Chapter 77.85 RCW) for WRIA 8, The Lead Entity is responsible for developing a salmon recovery strategy, working with project sponsors to develop projects, convening local technical and citizen committees to annually recommend WRIA 8 salmon habitat restoration and protection projects for funding by the State of Washington Salmon Recovery Funding Board, and representing WRIA 8 in Puget Sound region and state wide salmon recovery forums. 2.7 To provide a framework for cooperation and coordination among the parties on issues relating to the implementation and management of the implementation of the WRIA 8 Plan and to meet the requirement or a commitment by any party to participate in WRIA- based or watershed basin planning in response to any state or federal law which may require such participation as a condition of any funding, permitting or other program of state or federal agencies, at the discretion of such party to this Agreement. 4 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 2.8 To .develop and articulate WRIA-based positions on salmon habitat, conservation and funding to state and federal legislators. 2.9 To provide for the ongoing participation of citizens and other stakeholders in such efforts and to ensure continued public outreach efforts to educate and garner support for current and future ESA efforts. 2.10 To provide information for parties to use to inform land use planning, regulations, and outreach and education programs. 2.11 To provide a mechanism for on-going monitoring and adaptive management of the WRIA 8 Plan as defined in the Plan. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any individual jurisdiction or water quality policy bodies such as the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on January 1, 2016 provided it has been signed by that date by at least nine (9) of the eligible jurisdictions within WRIA 8 representing at least seventy percent (70%) of the affected population, as authorized by each jurisdiction's legislative body, and further provided that after such signatures this Agreement has been filed by King County and Snohomish County in accordance with the terms of RCW 39.34.040 and .200. If such requirements are not met by January 1, 2016, then the effective date of this Agreement shall be the date on which such requirements are met. This Agreement provides the mechanism and governance structure for implementation of the WRIA 8 Plan from January 1, 2016 through December 31, 2025. Once effective, this Agreement shall remain in effect through December 31, 2025, provided, however, that this Agreement may be extended for such additional terms as the parties may agree to in writing, with such extension being effective upon its execution by at least nine (9) of the eligible jurisdictions within WRIA 8 representing at least seventy per cent (70%) of the affected population,. 4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties hereby establish a governing body for WRIA 8 and the Lake Washington-Cedar and Sammamish watershed basins and associated Puget Sound drainages (hereinafter the "WRIA 8 Salmon Recovery Council') the precise boundaries of which are established in Chapter 173-500 WAC, or as determined by the WRIA 8 Salmon Recovery Council, to serve as the formal governance structure for carrying out the purposes of this Agreement in partnership with non-party members. Each party to this agreement shall appoint one (1) elected official to serve as its representative on the WRIA 8 Salmon Recovery Council. The WRIA 8 Salmon Recovery Council is a voluntary association of the county and city governments, and other interested public agencies and tribes, located wholly or partially within the management area of WRIA 8 and the Lake Washington/Cedar/Sammamish watershed basins and associated Puget Sound drainages who 5 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 choose to be parties to this Agreement. Representatives from stakeholder entities who are selected under the voting provisions of Section 5.2 of this agreement are also part of this association. 4.1 Upon the effective execution of this agreement and the appointment of representatives to the WRIA 8 Salmon Recovery Council, the party members of the WRIA 8 Salmon Recovery Council shall meet and choose from among its members, according to the voting provisions of Section 5, five (5) elected officials or their designees, to serve as a Management Committee to oversee and direct the funds and personnel contributed under this Agreement, in accordance with the adopted annual budget and such other directions as may be provided by the party members of the WRIA 8 Salmon Recovery Council. Representatives of the Fiscal Agent and Service Provider may serve as non- voting ex off icio members of the Management Committee. The Management Committee shall act as an executive subcommittee of the WRIA 8 Salmon Recovery Council, responsible for oversight and evaluation of any Service Providers or consultants, for administration of the budget, and for providing recommendations on administrative matters to the WRIA 8 Salmon Recovery Council for action, consistent with the other subsections of this section. 4.1.1 Services to the WRIA 8 Salmon Recovery Council for the term of this agreement shall be provided by King County Department of Natural Resources which shall be the primary Service Provider unless the party members pursuant to the voting provisions of Section 5 choose another primary Service Provider. The Management Committee shall prepare a Memorandum of Understanding to be signed by an authorized representative of King County and an authorized representative of WRIA 8, which shall set out the expectations for services to be provided. Services should include, without limitation, identification of and job descriptions for dedicated staff in increments no smaller than .5 FTE, description of any supervisory role retained by the Service Providerover any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.1.2 The Management Committee shall make recommendations to the party members of the WRIA 8 Salmon Recovery Council for action, including decisions related to work program, staffing and service agreements, and budget and financial operations, annually for each year of this Agreement. All duties of the Management Committee shall be established by the party members of the WRIA 8 Salmon Recovery Council. 6 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 4.2 The party members of the WRIA 8 Salmon Recovery Council shall have the authority and mandate to establish and adopt the following: 4.2.1 By September 1 of each year, establish and approve an annual budget, establishing the level of funding and total resource obligations of the parties which are to be allocated on a proportional basis according to the average of the population, assessed valuation and area attributable to each party to the Agreement, in accordance with the formula set forth in Exhibit A, which formula shall be updated every third year by the WRIA 8 Salmon Recovery Council, as more current data become available, and in accordance with Section 2.2. Individual party cost shares may change more frequently than every three years for parties involved in an annexation that changes the area, population, and assessed value calculation of such party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. For parties that are not county or city governments, the level of funding and resource obligation will be determined in communications with the Management Committee, which will develop a recommendation for review and approval by, the WRIA 8 Salmon Recovery Council. 4.2.2 Review and evaluate annually the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider(s)to this Agreement, and provide for whatever actions it deems appropriate to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. In evaluating the performance of any Service Provider(s), at least every three (3) years, the WRIA 8 Salmon Recovery Council may retain an outside consultant to perform a professional assessment of the work and services so provided. Evaluations of the Service Provider(s) shall occur in years 3, 6, and 9 of the Agreement 4.2.3 Oversee and administer the expenditure of budgeted funds and allocate the utilization of resources contributed by each party or obtained from other sources in accordance with an annual prioritized list of implementation and adaptive management activities within the WRIA during each year of this Agreement. 4.3 The WRIA 8 Salmon Recovery Council through the primary Service Provider may contract with similar watershed forum governing bodies or any other entities for any lawful purpose related hereto, including specific functions and tasks which are initiated and led by another party to this Agreement beyond the services provided by the primary Service Provider. The parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or 7 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purposes. 4.4 The party members of the WRIA 8 Salmon Recovery Council shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The party members on the WRIA 8 Salmon Recovery Council shall make decisions, approve scope of work, budget, priorities and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council without the presence of a quorum of active party members. A quorum exists if a majority of the party members are present at the WRIA 8 Salmon Recovery Council meeting, provided that positions left vacant on the WRIA 8 Salmon Recovery Council by parties shall not be included in calculating the quorum. In addition, positions will be considered vacant on the third consecutive absence and shall not be included in calculating a quorum until that time in which the party member is present. The voting procedures provided for in 5.1.1 through 5.1.2 are conditioned upon there being a quorum of the active party members present for any action or decision to be effective and binding. 5.1.1 Decisions shall be made using a consensus model as much as possible. Each party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the party members at the meeting, or by a majority recommendation agreed upon by the active party members, with a minority report. Any party who does not accept a majority decision may request weighted voting as set forth below. 5.1.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8 Salmon Recovery Council shall take action on a dual-majority basis, as follows: 5.1.2.1 Each party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 8 Salmon Recovery Council action. 5.1.2.2 The weighted vote of each party in relation to the weighted votes of each of the other parties shall be determined by the percentage of the annual contribution by each party set in accordance with Subsection 4.2.1 in the year in which the vote is taken. 5.1.2.3 For any action subject to weighted voting to be deemed approved, an affirmative vote must be cast by both a majority of the active party members to this Agreement and by a majority of the weighted votes of the active party members to this Agreement. No action shall be valid 8 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 and binding on the parties to this Agreement until it shall receive majority of votes of both the total number of active party members to the Agreement and of the active members representing a majority of the annual budget contribution for the year in which the vote is taken. A vote of abstention shall be recorded as a "no" vote. 5.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate to appoint to the WRIA 8 Salmon Recovery Council non-party stakeholder representatives and other persons who are appropriate for the implementation and adaptive management of the WRIA 8 Plan. 5.2.1 Nomination of such non-party members may be made by any member of the WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon Recovery Council of such non-party members requires either consensus or dual majority of party members as provided in Section 5.1. 5.2.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate to allow non-party members to vote on particular WRIA 8 Salmon Recovery Council decisions. The party members may determine which issues are appropriate for non-party voting by either consensus or majority as provided in Sections 5.1, except in the case where legislation requires non-party member votes. 5.2.3 Decisions of the entire WRIA 8 Salmon Recovery Council, both party and non- party members, shall be made using a consensus model as much as possible. Voting of the entire WRIA 8 Salmon Recovery Council will be determined by consensus or majority as provided in Sections 5.1 and a majority of the non-party members. 6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN. The WRIA 8 Plan shall be implemented with an adaptive management approach. Such an approach anticipates updates and amendments to the WRIA 8 Plan. Such amendments to be effective and binding must comply with the following provisions: 6.1 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8 Plan amendments prepared and recommended by the committees of the WRIA 8 Salmon Recovery Council within ninety (90) calendar days of receipt of the plan amendments, according to the voting procedures described in Section 5. 6.2 In the event that any amendments are not so approved, they shall be returned to the committees of the WRIA 8 Salmon Recovery Council for further consideration and amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for decision. 9 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery Council, the plan amendments shall be referred to the parties to this Agreement for ratification prior to the submission to any federal or state agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance of the jurisdiction's legislative body, by at least nine (9)jurisdictions within WRIA 8 representing at least seventy per cent (70%) of the total population of WRIA 8. Upon ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8 Plan to any state or federal agency as may be required for further action. 6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further consideration, the WRIA 8 Salmon Recovery Council shall conduct such further consideration and may refer the plan or amendments to the committees of the WRIA 8 Salmon Recovery Council for recommendation on amendments thereto. 6.5 The parties agree that any amendments to the WRIA 8 Plan shall not be forwarded separately by any of them to any state or federal agency unless it has been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each party shall be responsible for meeting its financial obligations hereunder as described in Section 2.2, and established in the annual budget adopted by the WRIA 8 Salmon Recovery Council under this Agreement and described in Section 4.2.1. The maximum funding responsibilities imposed upon the parties during the first year of this Agreement shall not exceed the amounts set forth in Exhibit A, which shall be updated every third year as described in Section 4.2.1, or as annexations result in changes to the area, population, and assessed value calculation for those parties involved in the annexation to the extent that the cost shares established by the formula set forth in Exhibit A would be changed for such parties by the annexation 7.2 No later than September 1 of each year of this Agreement, the WRIA 8 Salmon Recovery Council shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other responsibilities (e.g. staffing) of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized implementation and adaptive management activities within the WRIA. The parties shall thereafter take whatever separate legislative or other actions that may be necessary to timely address such individual responsibilities under the proposed budget, and shall have done so no later than December 1st of each such year. 10 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 7.3 Funds collected from the parties or other sources on behalf of the WRIA 8 Salmon Recovery Council shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery Council. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. Any party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government, or other interested public agency or tribe in King or Snohomish County lying wholly or partially within the management area of WRIA 8 and the Lake Washington-Cedar and Sammamish watershed basins and adjacent Puget Sound drainages which has not become a party to this Agreement within twelve (12) months of the effective date of this Agreement may become a party only with the written consent of all the parties. The provisions of Section 5 otherwise governing decisions of the WRIA 8 Salmon Recovery Council shall not apply to Section 8. The parties and the county, city, or other public agency or tribe seeking to become a party shall jointly determine the terms and conditions under which the county, city, or other public agency or tribe may become a party. These terms and conditions shall include payment by such county, city, or other public agency or tribe to the Fiscal Agent of the amount determined jointly by the parties and the county, city, or other public agency or tribe to represent such county, city, or other public agency or tribe's fair and proportionate share of all costs associated with activities undertaken by the WRIA 8 Salmon Recovery Council and the parties on its behalf as of the date the county, city, or other public agency or tribe becomes a party. Any county, city, or other public agency or tribe that becomes a party pursuant to this section shall thereby assume the general rights and responsibilities of all other parties to this Agreement. After the inclusion of such entity as a party to this Agreement, the formula for party contribution shall be adjusted for the following year to reflect the addition of this new party.9. TERMINATION. This Agreement may be terminated by any party, as to that party only, upon sixty (60) calendar days' written notice to all other parties. The terminating party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating party up to the effective date of such termination. This Agreement may be terminated at any time by the written agreement of all parties. It is possible that the makeup of the parties to this Agreement may change from time to time. Regardless of any such changes, the parties choosing not to exercise the right of termination shall each remain obligated to meet their respective share of the obligations of the WRIA 8 Salmon Recovery Council as reflected in the annual budget. 11 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the limited purposes set forth in this agreement, each party shall protect, defend, hold harmless and indemnify the other parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such party's own negligent acts or omissions related to such party's participation and obligations under this Agreement. Each party agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this subsection shall survive and continue to be applicable to parties exercising the right of termination pursuant to Section 9. 11. NO ASSUMPTION OF LIABILITY. In no event do the parties to this Agreement intend to assume any responsibility, risk or liability of any other party to this Agreement or otherwise with regard to any party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute or regulation of any local municipality or government, the State of Washington or the United States. 12. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed that, in entering into this Agreement, no party is committing to adopt or implement any actions or recommendations that may be contained in the WRIA 8 Plan pursuant to this Agreement. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the parties to this Agreement from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any party to this Agreement which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the non-party members, NMFS, USFWS, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 8 Salmon Recovery Council or any of the parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS.This Agreement may be amended, altered or clarified only by the unanimous consent of the parties to this Agreement, represented by affirmative action by their legislative bodies. 16. COUNTERPARTS. This Agreement may be executed in counterparts. 12 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each party must approve this Agreement before any representative of such party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below: Approved as to form: TOWN OF BEAUX ARTS VILLAGE: By: By: Title: Title: Date: Date: 13 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF BELLEVUE: By: By: Title: Title: Date: Date: 14 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF BOTHELL: By: By: Title: Title: Date: Date: 15 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF CLYDE HILL: By: By: Title: Title: Date: Date: 16 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF EDMONDS: By: By: Title: Title: Date: Date: 17 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: TOWN OF HUNTS POINT: By: By: Title: Title: Date: Date: 18 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF ISSAQUAH: By: By: Title: Title: Date: Date: 19 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF KENMORE: By: By: Title: Title: Date: Date: 20 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF KENT: By: By: Title: Title: Date: Date: 21 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: KING COUNTY: By: By: Title: Title: Date: Date: 22 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF KIRKLAND: By: By: Title: Title: Date: Date: 23 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF LAKE FOREST PARK: By: By: Title: Title: Date: Date: 24 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MAPLE VALLEY: By: By: Title: Title: Date: Date: 25 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MEDINA: By: By: Title: Title: Date: Date: 26 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MERCER ISLAND: By: By: Title: Title: Date: Date: 27 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MILL CREEK: By: By: Title: Title: Date: Date: 28 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MOUNTLAKE TERRACE: By: By: Title: Title: Date: Date: 29 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MUKILTEO: By: By: Title: Title: Date: Date: 30 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF NEWCASTLE: By: By: Title: Title: Date: Date: 31 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF REDMOND: By: By: Title: Title: Date: Date: 32 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF RENTON: By: By: Title: Title: Date: Date: 33 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF SAMMAMISH: By: By: Title: Title: Date: Date: 34 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF SEATTLE: By: By: Title: Title: Date: Date: 35 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF SHORELINE: By: By: Title: Title: Date: Date: 36 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: SNOHOMISH COUNTY: By: By: Title: Title: Date: Date: 37 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF WOODINVILLE: By: By: Title: Title: Date: Date: 38 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: TOWN OF WOODWAY: By: By: Title: Title: Date: Date: 39 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: TOWN OF YARROW POINT: By: By: Title: Title: Date: Date: 40 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 o Q m o a O C O -O O > N y N O C E C O > N d C W m m m J O' Jm = 5 E m o•yy o-a iU JY 3a EE `OOpp A w G m m m° O w = - Y Y 4 4 22 2 S 2 2 z m m rn m w u) > 12 M V M V O O O N (D N V m OM N T O (D N I� N V r N TOM N O N M O' 0 Q N fA fA T N fA fA fA fA fA fA fA N V N fA N N Cl) N Q O LO Q M w a A M o ` .. c � ,� o0000000000000000000000000000 O O U Oi U'Q) N O O y O M M N O (D O r M (D V V (D V (D M r N N N O V m 0 N00 i O z N C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o LLi � O O L � T O T m V M (D T M M T Q co y 'U U 00 � M�fA fA fA fA fA ��fA fA fA fA fA fA fA�fA fA T�fA N�fA N �� QQ LO N fA Q� P o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M W O O O M T N N O M N O N N T N N (D M V V N T N V r N M N O - Cl O T N O N O N O T N O O O O M V M O M 0 0 0 0 L Q M O o ° o N Q p � 00000in000inoov0000000 Moromooinm `m � m vminm r UOMmino NOUovvv mUomrUomo � Uo o- � IL O M� N O N T N T N N M N N O O O N T N N M T O M - �/� .� cO M V M M N N N N N N N N V V N N V O YI ^` C y N 1 N WX LL �I CO U_ w V! W i U J m i c x w = V ° v a OM T .� M N N U 0 U) o f 0 p o Y.1 a• T a = ~ LVI N E U U V T U J 0 Q OQ) co r Jo` > m C Lc d ` a teOYF O N � m � E O 6•6 E � U m T 0 = O ENO 00bi N N O N N C QiO OEo Q O mmm07w YN22 222f22Z U) U) nn 2nC 0w �! C7 This page intentionally left blank. KE'* [ a Agenda Item: Consent Calendar — 7C TO: City Council DATE: August 18, 2015 SUBJECT: Grant Acceptance for 2015-2017 Commute Trip Reduction Program — Approve MOTION: Authorize the Mayor to sign the Federal/State Transportation Demand Management Implementation Agreement with the Washington State Department of Transportation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City has been offered a grant of $106,007 in order to implement commute trip reduction ("CTR") during the state's 2015-2017 budget biennium. This grant allows the City to continue to assist 32 businesses in Kent that are required by state law, due to the number of their employees, to participate in commute trip reduction. The City also provides assistance to additional businesses that volunteer to participate in commute trip reduction. The City provides training and information, helps develop innovative commute trip reduction strategies, and assists the businesses in completing their required reports and surveys. EXHIBITS: Federal/State Transportation Demand Management Implementation Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: The grant is used to pay for the CTR Coordinator position, ancillary costs, and promotional materials This page intentionally left blank. Federal/State Transportation Demand Management Implementation Agreement Washington State Department of Contractor Transportation City of Kent 310 Maple Park Avenue SE 220 4th Ave S PO Box 47387 Kent, WA 98032 Olympia, WA 98504-7387 Federal ID #: 91-6001254 Contact Person:KathyJohnston 360-705-7845 Contact Person: KathyHard 253-856-5583 Project Costs: Scope of Project: Carry out the State Funds $106,007 Project as described in Exhibit 1, Project Contractor Funds $0 Scope of Work Total Project Cost $106,007 Agreement Number: GCB2161 Term of Project: Service Area: Kent July 1, 2015 through June 30, 2017 This AGREEMENT is entered into by the Washington State Department of Transportation, hereinafter referred to as "WSDOT" and the Contractor identified above, hereinafter referred to as "CONTRACTOR", and/or individually referred to as the "PARTY" and collectively referred to as the "PARTIES." WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state's leadership role, and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs, including transportation demand management programs for growth and transportation efficiency centers ("GTEC") in Washington State; and WHEREAS, RCW 47.06.050 requires that when planning capacity and operational improvements, the State's first priority is to assess strategies to enhance the operational efficiency of the existing system, and states that strategies to enhance the operational efficiencies include, but are not limited to, access management, transportation system management, and demand management("Strategies"); and WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita vehicle miles traveled, to consider efficiency tools including commute trip reduction and other demand management tools, and to promote the integration of multimodal planning in support of the transportation system policy goals described in RCW 47.04.280; and WHEREAS, the Legislature has directed the State to increase the integration of public transportation and the highway system, to facilitate coordination of transit services and planning, and to maximize opportunities to use public transportation to improve the efficiency of transportation corridors (RCW 47.01.330); and WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify opportunities for cooperation to achieve statewide and local transportation goals; and WHEREAS, the State of Washington in its Sessions Laws of 2015, Chapterl0, Section 220 (6) and (7), authorizes funding for Public Transportation and Commute Trip Reduction programs and other special proviso funding through the multi-modal transportation account as identified in the budget through its 2015-2017 biennial appropriations to WSDOT; and GCB2161 Page 1 of 16 WHEREAS the WSDOT Public Transportation Division is responsible for administering funds on behalf of the Washington State Legislature; NOW, THEREFORE, in consideration of terms, conditions, performances and mutual covenants herein set forth and the attached Exhibit 1, "Project Scope of Work," and Exhibit 2, "Project Progress Reports," which are both incorporated and made a part of this AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS: Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the "Project." Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in Exhibit 1, "Project Scope of Work," which by this reference is incorporated into this AGREEMENT as if fully set forth herein. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled "Term of Project" of this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitled' "Term of Project" and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the "State Funds" detailed in the caption space header above titled "Project Costs." The CONTRACTOR agrees to expend eligible "State Funds"together with any "Contractor Funds" identified above in the caption space header "Project Costs," in an amount sufficient to complete the Project as detailed in Exhibit 1, "Project Scope of Work." If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will differ from the amount indicated in the caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in writing within three (3) business days of making that determination. Section 5 Reimbursement and Payment A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs and expenditures incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 7 — Progress Reports may delay payment. The CONTRACTOR must submit an invoice using either State of Washington Form A-19 (Invoice Voucher), a copy of which is attached hereto as Exhibit 3 and by this reference incorporated into this AGREEMENT or a format approved by WSDOT. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If GCB2161 Page 2 of 16 approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. B. The CONTRACTOR shall submit an invoice by July 15, 2016, for any unreimbursed eligible expenditures incurred between July 1, 2015, and June 30, 2016. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. The CONTRACTOR shall submit a final invoice to WSDOT no later than July 15, 2017. Any invoice received after July 15, 2017 will not be eligible for reimbursement. Section 6 Project Records The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts within the framework of an established accounting system in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 7 Progress Reports The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may adequately and accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the forms provided in Exhibit 2, "Project Progress Report" and/or as provided and modified by WSDOT staff. The CONTRACTOR shall provide a final progress report, as prescribed in Exhibit 4, "Final Project Progress Report" and/or as provided by WSDOT staff, with any changes to the form applied according to the agreement modification process in Section 9. Progress reports shall be submitted to WSDOT no later than forty-five (45) days from the end of each calendar quarter. Section 8 Audits, Inspections, and Retention of Records WSDOT auditor, federal auditor, state auditor, city auditor and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of a party's records with respect to all matters covered by this AGREEMENT. Such auditors and representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, all documents, papers, accounting records, and other materials pertaining to the Project shall be retained by the PARTIES for six years from the date of completion of the Project or the Project final payment date. However, in case of an audit and/or litigation or a claim, the CONTRACTOR must retain all records until the audit and/or litigation or claim is completed and fully resolved. GCB2161 Page 3 of 16 Section 9 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto. B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such reduction of funding. Section 10 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following termination or expiration of this AGREEMENT. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty(30) days of demand. Section 11 Limitation of Liability A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or omissions of WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. hi the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the GCB2161 Page 4 of 16 other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 12 Disputes A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public Transportation Division's Statewide Transportation Demand Management Programs Manager or the WSDOT Public Transportation Statewide Transportation Demand Management Programs Manager's designee who will issue a written decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the WSDOT Public Transportation Division or the Director's designee. In connection with any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the WSDOT Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty(30) days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. E. Venue. hi the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 13 Termination Either party, at its sole discretion, may terminate this Agreement in whole; or from time to time in part, whenever: 1. The other PARTY has breached the contract, and after fourteen (14) days written notice, has failed to correct the breach; or 2. The requisite state, local, or federal funding is reduced or becomes unavailable through failure of appropriation or otherwise; or GCB2161 Page 5 of 16 3. The continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; or 4. A request to terminate in whole or in part has been made in writing by the other PARTY. If this Agreement is terminated prior to fulfillment of the terms stated herein, the CONTRACTOR shall be reimbursed only for actual and eligible grant expenses incurred on the Project prior to the date of termination and as set forth in Section 5, Project Reimbursement and Payment, and shall not exceed the Total Project Amount as set forth in the caption header entitled "Project Amount". Section 14 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying A. 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 funds pursuant to a 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. B. 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 contract, a 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. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grants, and contracts and subcontracts under grants, sub-grants, loans, and cooperative agreements) which exceed $100,000, and that all such sub-recipients 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. Section 15 Compliance with Laws and Regulations Each PARTY agrees to abide by all applicable state, local, and federal laws and regulations, including but not limited to those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence Agreement compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. GCB2161 Page 6 of 16 Section 16 Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The CONTRACTOR shall not discriminate on the base 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 CONTRACTOR 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 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 CONTRACTOR of its failure to carry out its approved program, WSDOT may impose sanctions as provided for under Part 26 and may in appropriate cases refer the matters 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 CONTRACTOR 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 work. Section 17 Suspension and Debarment The CONTRACTOR agrees to comply, and assures the compliance of each sub-recipient, lessee, third-party contractor, or other participant at any tier of the project, with the requirements of Executive Orders Numbers 12549 and 12689, "Debarment and Suspension, "31 USC § 6101 note, and U.S. DOT regulations, "Non-procurement Suspension and Debarment" 2 CFR Part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government-wide Debarment and Suspension (Non- procurement)," 2 CFR Part 180. The CONTRACTOR agrees to, and assures that its sub- recipients, lessees, third-party contractors, and other participants at any tier of the Project will, search the Excluded Parties Listing System records at www.sam.gov before entering into any sub-agreement, lease, third-party contract, or other arrangement in connection with the Project, and will include a similar term or condition in each of its lower-tier covered transactions. Section 18 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 19 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. GCB2161 Page 7 of 16 Section 20 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 21 Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 22 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 23 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof. Section 24 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Section 25 Binding Agreement The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective agency(ies) and/or entitity(ies)to the obligations set forth herein. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. GCB2161 Page 8 of 16 WASHINGTON STATE CONTRACTOR DEPARTMENT OF TRANSPORTATION By: By: Brian Lagerberg Director, Public Transportation Print Name: Title: Who certifies proper authority to execute this AGREEMENT on behalf of the CONTRACTOR Date: Date: Approved as to form: By: Susan Cruise Assistant Attorney General Date: July 1, 2015 GCB2161 Page 9 of 16 EXHIBIT 1 Project Scope of Work Commute Trip Reduction (CTR) 1. Scope of Work A. Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements: 1. The work plan shall identify the deliverables, schedule, expected outcomes, performance measures and the budget specific to strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include, but are not limited to, recruiting new employer worksites, reviewing employer programs, administering surveys, reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. 2. The administrative work plan budget shall identify how the CONTRACTOR will use the state funds provided in this AGREEMENT for each task. The work plan shall also provide an estimate of the other financial resources not provided in this AGREEMENT that will be used to complete each task. 3. The administrative work plan must be approved in writing by the WSDOT Project Manager, and shall be incorporated as a written amendment to the AGREEMENT. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a written amendment to this AGREEMENT. B. Work to be Performed The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The CONTRACTOR agrees to implement a CTR program based on the approved administrative work plan and the draft or adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance. C. Use of State Funds for Incentives The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance to be provided by WSDOT. D. Quarterly Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified by WSDOT in Section 7—Progress Reports of the AGREEMENT, in Exhibit 2, "Project Progress Report", and as integrated with the deliverables identified in the administrative work plan, along with all invoices in accordance with Section 5 — Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and GCB2161 Page 10 of 16 accurately reflect actual State funded expenditures. Only those activities identified in the CONTRACTOR'S approved administrative work plan will be reimbursed by WSDOT. E. Final Progress Report The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of which is attached hereto as Exhibit 4, "Final Project Progress Report,"to replace the last quarterly progress report in the period of the AGREEMENT. The final progress report shall provide an estimate of the other financial resources not provided in this AGREEMENT that were used to complete each task and shall provide a list of the funds provided in this AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting partner(s). F. Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and ordinances as authorized by RCW 70.94.527(5) and RCW 70.94.544. G. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and compliance with applicable ordinances. H. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures section contained in the CTR Guidelines which may be obtained from WSDOT or found at http://www.wsdot.wa.aov/Transit/CTR/law.htm. I. Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. J. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip reduction employer surveys. K. Planning Data The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. GCB2161 Page 11 of 16 L. Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by W SDOT. GCB2161 Page 12 of 16 EXHIBIT 2 Project Progress Report Commute Trip Reduction (CTR) Quarterly Project Report Reporting quarter: Date: Organization: Agreement number: Biennial Estimate of drive-alone trips to reduce to meet goal: targets Key deliverables: (from administrative work plan) Completed activities this quarter Planned activities for next quarter Describe issues, risks or challenges and resolutions Estimated expenditures of state funds for this quarter GCB2161 Page 13 of 16 Exhibit 3 MINORITY BUSINESSES MARK BOX(ES) IF APPROPRIATE PU M Washill�ytUdl State Department ofTranspartal Invoice Voucher W 0 % E VENDOR OR CLAIMANT(WARRANT TO BE PAYABLE TO) VENDORS CERTIFICATE.I hereby certify under penalty of perjury that the items and total listed herein are proper charges for mate pals,merchandise or services furnished to agency the State of Washington,and that all goods furnished and/or services rendered have been provided without discrimination on the grounds of race,creed,color national origin, address sex or age city, state ZIP BY(SIGNATURES IN INK) contact name Phone# email FEDERAL ID.NUMBER OR SOCIAL SECURYTY NUMBER TITLE DATE (FOR REPORTINGPERSONAL SVCS.CONTRACT PAYMENT TO IRS) DD-DDDDDDD INSTRUCTIONS TO VENDOR OR CLAIMANT: Show complete detail for each item below. DATE CURRENT EXPENDITURES DESCRIPTION EXPENDITURES TO DATE TDM Implementation/Administration and Employer Support Guaranteed Ride Home Employer Trainings/Networking AGREEMEN INVOICE T DESCRIPTION BILLING PERIOD XXXX Transportation Demand Management Implementation (TDM) ACCOUNTING CLASSIFICATION ACCOUNT CONTROL SECTION FEDERAL JOB NUMBER WORKOP OJB SUB ORG.NUMBER EQUIPMENT NUMBER NON-PARTICIPATING NET AMOUNT OBJ ORDER NUMBER 1P0000-00 0723 NZ13 631020 TOTAL SIGNATURE OF APPROVING AUTHORITY DATE RECEIVING VERIFICATION DATE RECEIVED (SIGNATURE) CHECKED AND APPROVED FOR PROCESSING BY DATE WARRANT NUMBER VOUCHER NUMBER GCB2161 Page 14 of 16 EXHIBIT 4 Final Project Progress Report Commute Trip Reduction (CTR) Final Project Report Biennium: 2015-2017 1 Date: Organization: I IAgreement number: I GCB Biennial Estimate of drive-alone trips to reduce to meet goal: targets Deliverables: (from administrative workplan) Describe your progress on each of your deliverables this biennium. Did you meet your targets for this biennium?Why or why not? What were your major successes this biennium? How did they help you make progress toward the goals in yourjurisdiction's CTR Ian s ? What were your major challenges this biennium? How did they hinder your progress toward the goals in yourjurisdiction's CTR Ian s ? How do you measure the performance of your strategies? What did you learn this biennium? What would help you be more successful in the future? Please be specific (If it's more resources, how much and what would they be for, etc.). For each of the strategies in your administrative work plan, describe your expected outcomes, whether you met those outcomes, and why or why not. Strategy Expected Performance Outcomes Why or why not? outcomes measures met? GCB2161 Page 15 of 16 If your organization used other financial resources besides state CTR funds to implement the activities in your administrative work plan for this agreement, please provide the information below. Source of local funds Estimated funds spent How the funds were this agreement used Total local funds: If your organization disbursed any state CTR funds to other organizations to implement the activities in your administrative work plan for this agreement, please list the total amount disbursed for the biennium below. Organization Total disbursed this Purpose of disbursal agreement Total disbursement: GCB2161 Page 16 of 16 r► EN* ,�� Agenda Item: Consent Calendar — 7D rr..i w,n ra rrsk �HN1- TO: City Council DATE: August 18, 2015 SUBJECT: Contract Amendment to Extend 913 Bus Service for Five Additional Years — Authorize MOTION: Authorize the Mayor to sign Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement with King County Metro, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2006, King County voters passed the Transit Now Initiative, which allows cities to enter into partnership with King County to initiate new transit service. Sharing the cost allows needed bus service to come online sooner than would be possible without the partnership. In 2008, the City entered into an agreement with King County Metro to provide new bus service in the City of Kent. The City agreed to pay one third of the operating costs of the new Route 913 and King County agreed to pay two thirds of the operating costs. In 2011, Routes 913 and 918 were combined in order to reduce operating costs while preserving service. The current agreement expires in September 2015 and pursuant to the terms of the agreement, the City and King County can extend it for five years. King County Metro anticipates that the City's share of the costs will be reduced by seven percent beginning in September 2015, from $132,900 per year to $123,597 per year. EXHIBITS: Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: The City's costs are already included in the 2015-2016 biennial budget. This page intentionally left blank. AMENDMENT No. 1 to the TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT between KING COUNTY and THE CITY OF KENT, WASHINGTON This Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement ("Amendment No. 1" or the "First Amendment") is made by and between King County, a home rule charter county of the State of Washington, by and through its Department of Transportation, Metro Transit Division (hereinafter the "County" or "Metro Transit") and the City of Kent, a Washington municipal corporation ("Service Partner,"whether one entity or multiple entities), both of which entities may be referred to hereinafter individually as "Party" or collectively as the "Parties." WHEREAS, on December 4, 2008 the Parties entered into a Transit Service Direct Financial Partnership Agreement(the "Agreement"); and WHEREAS, Section 4.1 of the Agreement provides that the Agreement will expire six years after the start of the service, unless extended pursuant to the terms of the Agreement; and WHEREAS, Section 4.1 of the Agreement further provides that if, after six years the enhanced transit service is deemed viable by the County pursuant to the performance indicators set forth in Section 2.2 of the Agreement and the additional performance benchmarks specified in Attachment A of the Agreement, and the Service Partner desires to have Metro continue to provide the enhanced transit service beyond the initial period,the Agreement may be extended by the Transit General Manager for an additional five years without additional approval of the King County Council; and WHEREAS, the transit service enhancements provided for in the Agreement were implemented on or about September 19, 2009; and WHEREAS, the Parties now desire to extend the Agreement for an additional five-year period; and WHEREAS, Section 7 of the Agreement provides that the Agreement may be amended or modified by written agreement of the Parties, and further provides that such amendments and modifications may be made for the County by Metro's General Manager when such amendments are consistent with the intent and purpose of the Agreement; AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement between King County and the city of Kent,Washington Page 1 of 2 NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth herein, the Parties agree to amend the Agreement as follows: 1. Extension of Term of Agreement As provided for in Section 4.1, the Agreement is extended until September 19, 2020. 2. No Other Modifications. Except as specifically provided for in this Amendment No. 1, all other provisions of the Agreement shall remain unchanged and in full force and effect. 3. Effective Date. This Amendment No. 1 shall be effective upon execution by the Parties. IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Amendment No. 1 to the Agreement as of the date set forth below their signatures. KING COUNTY SERVICE PARTNER City of Kent By: By: Kevin Desmond Name General Manager, Metro Transit Division Its (Title): Department of Transportation Date: Date: AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement between King County and the city of Kent,Washington Page 2 of 2 ' KENo T aE%1 Agenda Item: Consent Calendar - 7E TO: City Council DATE: August 18, 2015 SUBJECT: Riverview Park Channel Restoration - Grass Field Improvements - Accept as Complete MOTION: Authorize the Mayor to accept the Riverview Park Channel Restoration - Grass Field Improvements project as complete and release retainage to Hoffman Construction, Inc. upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of reestablishing the open grass field at Riverview Park. Six acres of grass field was amended with compost material. The compost was ripped in to a depth of twelve inches, tilled and hydro seeded with a playground seed mix. The initial contract amount was $137,998.48 the final contract amount is $126,287.14. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACT: Funded through the drainage fund. This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar - 7F 'MvENT iA n+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: Malik Ridge Bill of Sale - Accept MOTION: Authorize council to accept the Bill of Sale for the Malik Ridge Sanitary Sewer Improvements, including 5 manholes, 793 linear feet of 8" sewer pipe, and frontage improvements that include 780 square feet of driveway approach along 133Id Place SE. SUMMARY: Malik Ridge is located at 133rd Place SE and 272nd, Kent, WA EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None This page intentionally left blank. MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: 220 — 4TH AVENUE SOUTH KENT W A S H I N G T O N KENT, WASHINGTON 98032 Project: Malik Ridge Permit #: KIVA #2131996 i?� (Pc Location: 133r' Place SE and 272nd (11 Parcel #:272205910800 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 9 day of October 20 13 , by and between High Country Malic Ridge LLC , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of 0 gate valves at $ each, 0 hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including 0 linear feet at $ per LF of (size & type) waterline. B. SANITARY SEWERS: Together with a total of 5 manholes at $ 3220.00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 133rd Place SE Including 793 linear feet at $ 38.00 per LF of 8" Bill of Sale 1of5 (size & type) sewerline. C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size & type) (improvement). D. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) 133r° Place SE Including 780 Square feet $ 8.00 per SF of Driveway Approach (size & type) (improvement). E. STORM SEWERS: Together with a total of 0 manholes at $ each or total of 0 catch basins at $ each, 0 LF of biofiltration Swale or drainage ditch with a total cost of $ 1 0 cubic feet of detention pond storage with a total cost of $ and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size & type) _ sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this 6 .. day of �C.�.1r, ,�< r 20 ✓ :"'�f . IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of _ 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and Voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this �'� -- day of 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appearedt,w`.di«� <kn and to me to be the and -° respectively of �Lll h�m �P l�'P t`�C°the that executed the foregoing instrument,f ent,""and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. 6® 1 r°1 �6� B tl0B9 e'�T '; / "MW/ .�c J J�j�l �� � � �•'i,R �".... �uPo Notary Public in''6nd for the State of T Washington, residing at e p My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 Bill of Sale 4of5 40 a KENT WASHINOYON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Malik Ridge project dated October J, 2013, for the same said Malik Ridge project. Thomas J. Galvin, the undersigned P.E. or land surveyor (PLS) is the person responsible for the preparation of the Bill of Sale and is an employee of Azure Green Consultants, LLC , the firm responsible for the preparation (� eemsxressxfisx of the record drawings. t xpmcs: 0 55> Ore � Engineer/PLS stamp required) Bill of Sale 5of5 This page intentionally left blank. K.EN`I' � �� Agenda Item: Consent Calendar - 7G 'MnvviA in+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: 2014 Residential Traffic Calming Project - Accept as Complete MOTION: Authorize the Mayor to accept the 2014 Residential Traffic Calming project as complete and release retainage to R.W. Scott Construction Co. upon receipt of standard releases from the state and the release of any liens. SUMMARY: In 2014, the Residential Traffic Calming Program identified three neighborhoods that met criteria to install physical traffic calming devices. This project included residential traffic calming projects at 42nd Avenue South (speed bumps), 100th Avenue South (speed bumps), and SE 223rd Drive/SE 224th Street (traffic circles). The initial contract amount was $236,306.00 the final contract amount is $232,249.20. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACT: This contract was funded out of the Street Operating Fund. This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar — 7H 'MvENT iA n+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: Sport Court Repair and Resurfacing Project with Pacific Ace LLC - Accept as Complete MOTION: Authorize the Mayor to accept as complete, the sport court resurfacing projects with Pacific Ace LLC and release retainage upon receipt of standard releases from the state and the release of any liens. SUMMARY: In April 2015, the Parks Department contracted with Pacific Ace LLC for $30,737.75 to repair and resurface two tennis courts and West Fenwick, one tennis court at Garrison Creek and the basketball court at Garrison Creek. The project manager accepted the project as complete on August 4, 2015. The warranty will begin on August 4, 2015 and will be in effect until August 4, 2016. The city is in receipt of the contractor's completed Intents and Affidavits from the state and retainage will be released after acceptance by Council, and the expiration of any applicable lien periods. EXHIBITS: Acceptance Letter from Project Manager RECOMMENDED BY: N/A YEA: N/A NAY: N/A BUDGET IMPACTS: The retainage funds are budgeted within the Parks Lifecycle Budget This page intentionally left blank. PARKS, RECREATION & COMMUNITY SERVICES Jeff Watling Director 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6050 OFFICE: 253-856-5100 August 4, 2015 Alex Havens Pacific Ace LLC 3613 NE 361h AVE Vancouver, WA 98661 RE: Garrison Creek and West Fenwick Project Mr. Havens: I made the final inspection of the Garrison Creek and West Fenwick Tennis Court Resurfacing project and found that it is completed to my satisfaction. This letter serves as final acceptance of the project. If you have any questions, please call me at (253) 455-2457. Sincerely, Justin Oliver Project Manager Park Operations Copy: Garin Lee, Park Operations Superintendent Brian Saw, Park Operations Supervisor City of Kent Parks, Recreation &Community Services This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar — 7I 'MvENT iA n+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: Genesis Marketing — Consultant Services Agreement — Authorize MOTION: Authorize the Mayor to sign the Consultant Services Agreement with Genesis Marketing to develop and implement a TV and radio ad campaign to bring visitors to Kent, not to exceed $150,000, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Recommend Council to authorize the Mayor to sign Consultant Services Agreement with Genesis Marketing. This campaign has been developed to bring visitors to Kent. The agreement has been approved by the Lodging Tax Advisory Committee and passed through the Economic & Community Development Committee. The campaign is designed to focus on TV and radio ads during the Seahawks' season to bring visitors from the Portland Metropolitan area to stay in Kent. There are a large amount of Seahawk fans that come from Portland to go to a Seahawks Game. This campaign will focus on getting them to stay in Kent. With the use of the Sounder train, it is an easy commute and an affordable stay, with several hotels in Kent to choose from. This campaign will be designed and produced to show the ease and affordability a Kent stay can provide. This agreement will not exceed $150,000 and will be paid out of Lodging Tax funds and will expire on February 28, 2016. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Economic & Community Development Committee YEA: Boyce, Berrios, Ralph NAY: BUDGET IMPACTS: Funding will come out of Lodging Tax Funds This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar — 73 'MvENT iA n+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: Re-appointment to the Lodging Tax Advisory Committee - Confirm MOTION: Recommend Council confirm the re-appointment of David Kwok and John Casey to the Lodging Tax Advisory Committee and ratify all acts consistent with this motion. SUMMARY: The Lodging Tax Advisory Committee consists of 6 members who are made up of 3 representatives from businesses required to collect lodging tax, 3 representatives who are representing activities funded by lodging tax, and Chaired by a representative from the Kent City Council. The Lodging Tax Advisory Committee is recommending the re-appointments of David Kwok and John Casey to a new 4-year term on the Lodging Tax Advisory Committee. Mr. Kwok has been serving a 4-year term on the Lodging Tax Advisory Committee, which expired July 31, 2015. Mr. Kwok has asked to be considered for re-appointment to an additional 4-year term. This position is required to be filled by a representative whose business collects lodging tax. Mr. Casey has also been serving a 4-year term on the Lodging Tax Advisory Committee, which expires July 31, 2015. Mr. Casey has asked to be considered for a re-appointment to an additional 4-year term. This position is required to be filled by a representative whose activities are funded, in part, by lodging tax. If you have any questions prior to the meeting, please call Ben Wolters, 856-5703. EXHIBITS: None RECOMMENDED BY: Lodging Tax Advisory Committee BUDGET IMPACTS: None This page intentionally left blank. `� KENT W Si G*c CONSULTANT SERVICES AGREEMENT between the City of Kent and Genesis Marketing THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Genesis Marketing organized under the laws of the State of Washington, located and doing business at 2703 N. Pittsburg, Spokane, WA 99207, (509) 777-1120 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Discription of work described in detail, incorporated and attached as exhibit A, Scope of work provided by Genesis Marketing. 1) Production 2) Marketing 3) Metrics Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by March 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $150,000.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit Monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mary Kae Repp Ben Wolters, Director [Insert Company Name] Economic & Community Development Department 2703 N. Pitsburg City of Kent Spokane, WA 99207 220 Fourth Avenue South Kent, WA 98032 (509) 777-1120 (telephone) (facsimile) (253) 856-5703 (telephone) (253) (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the elect onia filepeN where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A GENE$$ Scope of Work �� fAARKLTING August 1st, 2015- February 29'2016 Budget- $150,000 Scope of work: • Produce TV ads, online videos, & radio ads • Determine allocations of the media budget between TV, radio, online, print, & website maintenance. • Include media placement o Audit media invoices for accuracy • TV ads and Online videos o Determine the personality, demographic, and look of the actors o Hire and manage the actors o Writing scripts and directing TV & radio production • Hire outside vendors and pay them through the contract o Manage Dana through her blogging and writing process o Hire and manage a photographer o Hire and manage TV producers • Graphic design • Online Marketing o Create and manage online campaigns • Creation of new web pages • Setting up custom analytics for tracking purposes • Weekly and Monthly recap reports • We will charge a 15% management/placement fee on anything not paid by outside vendors o All invoices will clearly denote if 311 party has paid us, and if not, a line item in the invoice will state our fee • Any travelling fees occurred by Mary Kae to attend meetings 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 330.00 3x ROS bonus September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1x 1x 1x 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 27 28 29 30 1x 1x 1x 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 660.00 2x/wk ROS bonus spots October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1x 1x 10-11am 10-11am 4 5 6 7 8 9 10 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 11 12 13 14 15 16 17 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 18 19 20 21 22 23 24 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 25 26 27 28 29 30 31 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 630.00 2x/wk ROS bonus spots November- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 8 9 10 11 12 13 14 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 15 16 17 18 19 20 21 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 22 23 24 25 26 27 28 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 29 30 1x 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 660.00 2x/wk ROS bonus spots December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 6 7 8 9 10 11 12 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 13 14 15 16 17 18 19 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 27 28 29 30 31 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 630.00 2x/wk ROS bonus spots January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 10-11am 3 4 5 6 7 8 9 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 10 11 12 13 14 15 16 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 17 18 19 20 21 22 23 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 24 25 26 27 28 29 30 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,300.00 2x/wk ROS bonus spots September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2x 2x 2x 5-6pm 5-6pm 5-6pm 20 21 22 23 24 25 26 2x 2x 2x 2x 2x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 27 28 29 30 2x 2x 2x 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,300.00 2x/wk ROS bonus spots October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1x 1x 5-6pm 5-6pm 4 5 6 7 8 9 10 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 11 12 13 14 15 16 17 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 18 19 20 21 22 23 24 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 25 26 27 28 29 30 31 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,000.00 2x/wk ROS bonus spots November- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 8 9 10 11 12 13 14 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 15 16 17 18 19 20 21 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 22 23 24 25 26 27 28 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 29 30 1x 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,300.00 2x/wk ROS bonus spots December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 6 7 8 9 10 11 12 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 13 14 15 16 17 18 19 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 20 21 22 23 24 25 26 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 27 28 29 30 31 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,150.00 2x/wk ROS bonus spots January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 5-6pm 3 4 5 6 7 8 9 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 10 11 12 13 14 15 16 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 17 18 19 20 21 22 23 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 24 25 26 27 28 29 30 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 1,155.00 buy includes n/c match M-Sun 5a-la September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 lx lx lx 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 27 28 29 30 lx lx lx 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 2,310.00 buy includes n/c match M-Sun 5a-la October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 lx lx 10-11am 10-11am 4 5 6 7 8 9 10 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 11 12 13 14 15 16 17 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 18 19 20 21 22 23 24 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 25 26 27 28 29 30 31 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 2,100.00 buy includes n/c match M-Sun 5a-la November- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 8 9 10 11 12 13 14 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 15 16 17 18 19 20 21 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 22 23 24 25 26 27 28 lx lx lx lx 10-11am 10-11am 10-11am 10-11am 29 30 lx 10-llam All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 2,310.00 buy includes n/c match M-Sun 5a-la December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 lx lx lx lx 10-11am 10-11am 10-11am 10-11am 6 7 8 9 10 11 12 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 13 14 15 16 17 18 19 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 lx lx lx lx 10-11am 10-11am 10-11am 10-11am 27 28 29 30 31 lx lx lx lx 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 2,310.00 buy includes n/c match M-Sun 5a-la January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 lx 10-llam 3 4 5 6 7 8 9 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 10 11 12 13 14 15 16 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 17 18 19 20 21 22 23 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 24 25 26 27 28 29 30 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,970.00 2x/wk ROS bonus spots September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2x 2x 2x 7-8am 7-8am 7-8am 20 21 22 23 24 25 26 2x 2x 2x 2x 2x 7-8am 7-8am 7-8am 7-8am 7-8am 27 28 29 30 2x 2x 2x 7-8am 7-8am 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,970.00 2x/wk ROS bonus spots October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1x 1x 7-8am 7-8am 4 5 6 7 8 9 10 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 11 12 13 14 15 16 17 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 18 19 20 21 22 23 24 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 25 26 27 28 29 30 31 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,835.00 2x/wk ROS bonus spots November- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 8 9 10 11 12 13 14 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 15 16 17 18 19 20 21 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 22 23 24 25 26 27 28 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 29 30 1x 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,970.00 2x/wk ROS bonus spots December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 6 7 8 9 10 11 12 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 13 14 15 16 17 18 19 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 20 21 22 23 24 25 26 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 27 28 29 30 31 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,835.00 2x/wk ROS bonus spots January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 7-8am 3 4 5 6 7 8 9 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 10 11 12 13 14 15 16 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 17 18 19 20 21 22 23 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 24 25 26 27 28 29 30 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 4�'GENESIS Metrics R- MAftAEI'lIJ9 =� p, Metrics Outline for Kent Marketing Plan September 2015 — February 2016 All tracking measures are based upon increases stated in the areas that we are marketing: • September—January o TV placement- Portland Metro o Radio placement- Portland Metro o Pandora- Portland Metro o Online Placement- Portland Metro • February o TV placement- Ellensburg, Tri Cities, Walla Walla, Yakima, Moses Lake & Wenatchee o Radio placement- Portland Metro or No buy o Pandora- Ellensburg, Tri Cities, Walla Walla, Yakima, Moses Lake & Wenatchee o Online Placement- Ellensburg, Tri Cities, Walla Walla, Yakima, Moses Lake & Wenatchee *Please see proposal for location changes based on the Seahawks performance The Following metrics will be provided to the Kent committee weekly: • Organic Social Media Stats o Facebook • Page likes as of 8/6/15: 3,031. The goal will be to have a 2%to 10% increase. If we don't increase a min of 2% weekly, our office will investigate the type of organic posts and paid posts and figure out what needs to change for the following week. • Stats Provided • #of new page likes • #of people engaged • Total page likes • Top city o Instagram • Followers as of 8/6/15: 108. The goal is to increase followers. If we start losing followers we will investigate what we are running and make changes for the following week. • Stats Provided • Most popular photo of the week 0 #of trending followers GENESIS MARKETING o Twitter (month to date numbers as twitter does not provide weekly analytics) • Followers as of 8/6/15: 33. The goal is to increase followers. If we start losing followers we will investigate what we are running and make changes for the following week. • Stats Provided • MTD new followers • MTD impressions • MTD profile visits • Online Paid Marketing Stats o Facebook o The goal is to have likes—We will track that 2%- 10%of the people liking the ads are clicking through to the website. If 2% is not—we will modify the ads for the next week. • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks o Google • The goal is to keep the Cost Per Click as low as possible and convert these clicks to time spent on the website. If this is not achieved, we will analyze the ads and the landing page connected and make changes as needed. • Stats Provided • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks o Bing/ Instagram • The goal is to keep the Cost Per Click as low as possible and convert these clicks to time spent on the website. If this is not achieved, we will analyze the ads and the landing page connected and make changes as needed. • Stats Provided if Bing is used • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks • Once Instagram ads becomes available we will provide proper stats to reflect marketing completed GENESIS MARKETING • Website Analytics o Goal is to increase the number of new users week over week by 2%to 10%. If we go more than 3 weeks without an increase we will take a look at the campaign and make changes to media placement o Stats Provided • # New Users • # Page Views • Top 2 cities visiting the site • Top 2 pages visited • Website Maintenance o Hours Used o Hours Left o Tasks that were completed The Following metrics will be provided to the Kent committee monthly • Social Media Stats o Facebook • #of new page likes • #of people engaged • Total page likes • Top city • Screen shot of top 3 clicked posts • Screen shot of Net Likes • Screen shots of location of Page likes o Instagram • Most popular photo of the week • #of trending followers o Twitter • Screen shot of Month's: • # new followers • # impressions • # profile visits • #of mentions • #of tweets posted by Kent • #of tweets linking to you • Screen shot of top mention • Screen shot of top tweet • Screen shot of top follower • Screen shot of top media tweet GENESIS MARKETING • Online Marketing Stats o Facebook • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks o Google • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks • Screen shot of campaign performance including a graph • Screen shot of most popular ad- with the topic and #of clicks o o Bing/ Instagram • If bing- same data as google and facebook will be recorded • Once Instagram ads becomes available we will provide proper stats to reflect marketing completed • Website Analytics o # New Users o # Page Views o Top 2 cities visiting the site o Top 2 pages visited o PDF of • Audience Overview from google analytics • Custom Dashboard that includes outbound links • Pages Overview • Pandora o Campaign report at the end of every month o Impressions ordered vs impressions delivered o Clicks o Click through rate o Comparison of bench marking compared to similar campaigns • Website Maintenance o Total Monthly hours used o Tasks that were completed listed EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage EXHIBIT B (Continued) 2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 4. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. �. O T ��" Agenda Item: Bids — 9A TO: City Council DATE: August 18, 2015 SUBJECT: Riverview Park Trail Relocation Project — Award MOTION: Authorize the Mayor to sign all documents necessary to award the Riverview Park Trail Relocation Project and enter into a Public Works Agreement with R.W. Scott Construction Company in the amount of $144,920.00, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This project will reroute the Green River Trail through the Riverview Park property. The project consists of demolition and removal of the existing paved and gravel trail, installation of a new asphalt and gravel trail, installation of concrete pads and site furnishings, site drainage, landscaping, and other related work as required and as indicated in the project manual and drawings. The bid opening for the Riverview Park Trail Relocation Project was held on Tuesday, July 31, 2015 with four bids received. The lowest responsible and responsive bid was submitted by R.W. Scott Construction Company in the amount of $144,920.00. The Engineer's estimated cost range was approximately $115,000 - 165,000.00. The Parks, Recreation and Community Services Director recommends awarding this project to R.W. Scott Construction Company and entering into a Public Works Agreement. EXHIBITS: Bid tab RECOMMENDED BY: Parks, Recreation and Community Services Director YEA: N/A NAY: N/A BUDGET IMPACT: Budgeted — Regional Trails/King County Levy This page intentionally left blank. PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 KENT ' " p Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 18, 2015 TO: Kent City Council FROM: Jeff Watling, Parks, Recreation and Community Services Director RE: Riverview Park Trail Relocation Project - Bid Tab The bid opening for the Riverview Park Trail Relocation Project was held on Tuesday, July 31, 2015 with four bids received. The lowest responsible and responsive bid was submitted by R.W. Scott Construction Company in the amount of $144,920.00. The Engineer's estimated cost range was approximately $115,000 - 165,000.00. The Parks, Recreation and Community Services Director recommends awarding this project to R.W. Scott Construction Company and entering into a public works agreement. Bid Summary (bids do not include WSST) 1. Razz Construction $154,490.00 2. Road Construction Northwest Inc. $183,280.00 3. R.W. Scott Construction $144,920.00 4. RE Sides Landscaping Inc. $160,540.00 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 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. OFFICE OF THE MAYOR \ � Derek Matheson, Chief Administrative Officer v Kt=NT Phone: 253-856-5700 ......... Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 08/18/15 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, August 18, 2015 The Chief Administrative Officer's report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Human Resources Director Lorraine Patterson is leaving at the end of August to become chief administrative officer at the King County Department of Natural Resources and Parks. Mayor Suzette Cooke plans to use a competitive process to hire the next director. Risk Manager Chris Hills will serve as interim director. • Chief Administrative Officer Derek Matheson has begun work on a new councilmember orientation program in December. The half-day event will provide new city councilmembers (and interested returning councilmembers) with an overview of how city government operates and what are the top projects in city departments. It is intended to supplement, not replace, conversations among new councilmembers, returning councilmembers, the mayor, CAO, and department directors. • Community and Public Affairs Manager Michelle Wilmot will present the citywide Communications Plan to the Operations Committee and council for approval. The council reviewed the draft plan in a workshop earlier this summer. • The new salary schedule for the mayor and city councilmembers took effect in early August. The Independent Salary Commission included an annual inflator in the schedule (2.5%) so, per the ordinance that created the commission, City Attorney Tom Brubaker will prepare an ordinance to disband the commission. ECONOMIC AND COMMUNITY DEVELOPMENT Economic Development o Economic Development staff met twice afterhours with small business owners at Green River College entrepreneurial program convened as a MeetUps. Topics included funding your small business, and next topics plan to cover marketing. MeetUps are a way to convene businesses looking for community of peers in downtown Kent. o Economic Development staff is working towards encouraging hotel investment in the Valley which would update and heighten amenities available in the heart of our industrial area. Page 1 of 10 o Economic Development staff have interviewed more than three dozen business owners and managers along the Meeker St. corridor to solicit feedback on the quality of experience and service of the street to local users. Input will help inform Smart Growth America visioning workshop in September. o Economic Development is also actively engaged with three manufacturers as they pursue their relocation plans to Kent. • Long Range Planning o The Economic and Community Development Committee is holding a special meeting at 4:30 PM on August 24 to consider the entirety of the comprehensive plan update, including changes to text, goals and policies as well as amendments to Land Use Plan and Zoning District maps, and amendments to Kent City Code. The meeting will be a public hearing, and any recommendations by the Committee need to incorporate all aspects of the update. o The Land Use and Planning Board will meet on August 24 at 7 PM to consider code amendments pertaining to accessory structures in residential areas, including accessory dwelling units, as well as code amendments pertaining to elder care facilities. A public hearing on these items is anticipated in September. • Current Planning o Fire Impact Fees were presented to the Economic and Community Development Committee (ECDC) for information only on August 10. A special meeting of the ECDC is scheduled for August 24, where the ECDC is expected to vote on a recommendation to the full council. o Code enforcement staff has been working closely with the King County Health Department, Public Works inspectors and the City Attorney's office to address wastewater leaks and stormwater cross-connection issues at Spiro's Greek Island restaurant on 1st Avenue. Because the plumbing related violations create a risk of imminent harm to public health and safety, the City will be issuing a notice of violation that requires immediate action by the owner. Also, last week the King County Health Department inspected the restaurant and allowed Spiro's to 'self- close' while they address a number of serious health code violations. Because the plumbing problems are largely located under the building and have created a mess of wastewater spillage, the repairs are not simple and will likely be expensive to fix. Spiro's will only reopen when the plumbing has been fixed and the imminent health and safety violations are addressed. FINANCE • The pricing phase of the 2006 series refunding has been completed. The City's improved bond rating, coupled with favorable market conditions of strong demand for and light supply of municipal bonds, led to a very successful refunding. The numbers are well within the delegation authority in the bond ordinance adopted by Council on August 4. Final cash flows show a Net Present Value savings of $844,000 and a percentage savings on refunded bonds of 9.8%. The refunding closes on September 9. • The Financial Sustainability Task Force met for the first time. The Mayor and Council President were there to welcome the task force members and thank them for taking the time to serve the City in this effort. The task force agreed to an aggressive schedule which generally includes two meetings a month with a couple Saturday dates added in. The task force members were engaged and eager to get started on the task at hand. Page 2of10 HUMAN RESOURCES • New policies for this year o Policy 1.5 Public Records Act: Defines the rules of submitting, processing and responding to Public Records requests. o Policy 2.28 HIPPA Privacy Policy: Outlines our obligations and how we may use and disclose your private health information. o Policy 2.29 Customer Service: Citywide customer service expectations. o Policy 2.30 Internships: Defines Internship and its parameters. o Policy 2.31 Communications: General outside communications and marketing/media usage procedures. o Policy 5.07 Wellness Program: Policy direction for the Wellness Program. o Policy 5.08 Support for Breastfeeding Employees: Outlines new policy for employees who breastfeed. o Policy 7.11 Text Messaging: Policy directing usage of text messaging services for City business, and the ramifications for Public Records requests. • New Hires o Dalton Blackmore, Public Works Operations-utilities maintenance worker I o Christine Church, Public Works Administration, accounting technician o Larry Ramsdell, Finance Customer Service, meter reader II o Brent Ashbaugh, Human Resources LCC, labor relations analyst • From Risk Management o There was an 8.3% reduction in Property insurance and an increase in Earthquake/Flood limits to $75 Million o The National Flood Insurance Program upgrade which affects residents and business owners who choose to purchase flood insurance INFORMATION TECHNOLOGY • The Technical Services Team has successfully migrated ShoWare servers and systems to the City of Kent network and domain. The existing system was at end of life and in need of significant update. The implementation of the new servers and systems was a three- month project and was accomplished by a technical services team consisting of most of the division staff and coordination assistance by an I.T. project manager. We were able to save $40,000 by folding ShoWare into the City of Kent network. • The Public Works Traffic Division and the I.T. Department have successfully completed the implementation of a new Traffic Signals Controller Management System (Aegis/ Centracts). This was a highly collaborative effort on the part of Public Works- Transportation, I. T. and the vendor staff. The old system was last upgraded in the early 1990's. The system includes the necessary hardware, software, and network expansion/upgrade for 24 intersections, signals, controllers and flashing yellow arrows for left-hand turns. The City has 119 signals and will expand and continue to replace the remaining signals as future funding is available. LAW Nothing to report MUNICIPAL COURT Nothing to report Page 3 of 10 PARKS, RECREATION, AND COMMUNITY SERVICES • Riverbend Golf Complex o Through the month of July the rounds of golf at the 18-hole golf course have exceed the 2014 monthly totals for seven consecutive months in a row. As of the end of July, rounds of golf at the 18-hole golf course are 11.4% ahead of 2014. • Recreation o Summer isn't over and preparations for the Fall Youth Soccer program (pre-K through 6th grade) are underway. Program participation has increased by almost 14% with an increase of 12 teams over the 2014 season. A total 104 teams will soon begin practicing on local school fields in order to be game ready by jamboree day, September 12. This 10-week program keeps over 1,400 kids and approximately 150 volunteer coach/mentors busy learning and teaching not only soccer skills and sportsmanship but also staying fit, building self-esteem, developing friendships and social skills. The program employs 30-40 sports officials, many working in a paid position for the very first time. Staff invest considerable time in recruitment, training, and development. The officials will commit many hours to classroom and on-field training before they are assigned their first games. • Cultural Programs o Nine of the twelve summer concerts have taken place. All have been very well attended and received. The "Wednesday Picnic Performances" for kids at Town Square Plaza are drawing a weekly average of more than 500 people; "Thursdays at the Lake" are averaging 725 in attendance. 0 2015-2016 Spotlight Series brochures are being distributed to great reviews. Tickets went on sale August 1. POLICE • Staff Changes — Hiring/Retirement/Recruitment/ Leaves/Promotions o Conditional offers made to entry candidates Drumheller and Cox. o We have rescinded two previous conditional offers due to issues discovered in their background investigation. • Significant Crime Activities / Arrests / Investigations o Somerset shooting incident from two weeks ago — suspect identified by NRT (Neighborhood Response Team) officer. Case being put together, charges pending. o Two more arrests out of the five suspects in recent shooting incidents over past several weeks. Two remaining being sought out by SIU (Special Investigations Unit), NRT (Neighborhood Response Team) and Detectives. o While searching for the two above remaining suspects, patrol received information that the one suspect was in Fife. Fife only had two officers on duty so several patrol officers went to Fife to check a motel. The suspect was not there, but contact was made with 3 subjects and officers obtained information on stolen guns, prostitution, drugs and money. One of the subjects was a convicted felon and pimp with pending firearms charges with KPD. A search warrant was obtained and a stolen revolver, a stolen shotgun (stolen from a KC deputy's home) and two other pistols (one that had the serial number filed off) were recovered. A large amount of methamphetamine and a small of cash were also seized. Subjects were charged with promoting prostitution and VUCSA (drug violations) with intent to deliver. Page 4of10 • Major Emphasis Patrol o Patrol and SOU doing extra patrols and emphasis at East Hill parks. Special emphasis is being conducted nights and mornings at Morrill Meadows park due to problems with the homeless. • School Issues o Construction is on track for the next two school zone speed camera zones, at Meridian and Millennium elementary schools, to be operational by the start of school. o Three remaining medical marijuana locations served with cease and desist letters last week. One business (Herbal Choice at 19011 68 AV S) already closed. o We completed our WASPC Accreditation Onsite Assessment and passed 128 out of 130 standards. We are working to come into compliance with the remaining two standards with a self-imposed deadline of September 1. PUBLIC WORKS Streets o Street Maintenance: • Grind for inlay on 272nd east of 124th Ave. • Backfill sidewalks on James St, east of 94th Ave. • Prep for pour on Madison Ave north of Meeker St. • Grind Sidewalk area for 2nd Ave south of Gowe St. • Grind and pave for inlay on Railroad Ave south of James St. • Handrail repairs on Willis and Central Ave. o Signs, Markings & Litter Removal: • Unplanned maintenance on the east hill school zones. • Install sign bases in the East Hill area. • Pick up litter, remove debris and remove illegal signs on West & East Hills, North & South Valley. • Pick up traffic control from Mill Creek Ribbon Cutting. o Vegetation: • Water Veg: Mow and weed eat at Blue boy, Clark Springs, 208th and 212th Treatment plant, Cambridge and Summit, New shop site and 640 zone tank. • Wetland Mitigation Crew: GRNRA weeding, seed collecting and transplant of camas bulbs at nursery; Remove debris and weeds at Lake Meridian outlet channel, GRNRA purple loosestrife at GRNRA Peninsula, west side lagoon and east side wetland. • Sidearm Mower: GRNRA, Russel Rd and 216th to 228th 192nd and 104th to 116th • Wetland maintenance crew: Repair fence along Russell Rd, Russell berm and the bike path; Loosestrife removal and weeding wildflower plots and main parking lot at GRNRA; service requests at 26433 110th PI SE; Mow and line trim at the following locations: South Bend (116th Ave SE and SE 270th St), Mallory Meadows (132nd Ave SE and SE 264th St), Rhododendron Estates (124th Ave SE and SE 258th PI), Meridian Meadows (128th Ave SE and SE 268th St), Stillwater Shadows (130th Ave SE and SE 261't PI), Rose's Meadow (124th PI SE and SE 261't St), Rainier View Estates (129th Ave SE and SE 259th PI) Lindental (116th Ave SE and SE 264th St), Park Meridian (144th Ave SE and SE 274th PI), Meridian Glen Div 3 (137th Ave SE and SE 274th PI), Brookside Ct (132nd Ave SE and SE 279th PI). • Street Vegetation: Assist sidearm with line trimming at 216th and Frager; line trim on 212th from SR 167 to 96th; Mow and line trim, pick up litter and blow on 190th Island at west valley and 204th island at west valley to 72nd St; Remove dying tree at west valley and 228th; Mow and Line trim at 4th and Willis triangle, Page 5 of 10 Railroad and Willis, Titus parking lot, west valley shoulders, 212th shoulders and the East hill people paths on 264th, 109th and 114th. • Holding pond maintenance: Clear path to maple tree in the Oakley neighborhood (105th Ave and Ramstead); (mow and trim) UP Pump Station (Green River and 167), Aukeen Ct PS (Central and 1210), S 196th Pond; Whitney Heights (20310 92nd Ave), Briarmount (S 202nd St and 95th PI), Sophia Glen (S 204th PI and 90th PI S), Birchwood Acres (SE 235th and 134th), Wildwood Estates (13525 SE 233rd St), Meagan's Meadow (SE 234th and 132nd), Kent Mini Storage (10625 SE 240th ST);S 216th and Riverview Blvd; Royal Woods Manor (107th Ave and SE 240th St); Echo Glen Heights B (27108 110th Ave SE); LID 353 (S Kent Des Moines Rd and Military Rd), Parkside (S 255th PI and 36th Ave), Kentwood Glen (S 257th St and 45th Ave), Randall Park (4002 S 261't St), Winter Brook (4224 S 272nd St), The Vineyard Plat (25940 38th Ave S), Singh Plat (3427 S 258th PI) and 26215 Pacific Highway. o Personnel: • Open positions are for an MW 3 in Vegetation, an MW 2 in Signs and an Term Limited MW2 in Concrete. • Ryan Carroll accepted a position as the street vegetation lead. • Heather McIntosh accepted a position as the drainage vegetation lead. Water o Source & Supply/SCADA • 212th Treatment Plant operations. • Daily treatment run. • Wellhead Protection monitoring. • Replace AC unit in Well #3 building at 212th Treatment Plant. • Kent Springs gallery sluice gate repair. • Continue to work on Clark Springs Pump #1 MCC wiring. • Dustin Phelan cross-training with Source & Supply group. • Currently using 11.5 million gallons per day and the aquifers are holding strong. o Distribution Mains and Services • Cloudy Street watermain installation. • Cloudy Street watermain pressure test, chlorine injections, and purity samples. • Tie-in Crest Ave. watermain, transfer services. • Service requests from Customer Services. o Hydrants and Large Meters: • Chlorine injections for Cloudy Street watermain. • Hydrant replacement @ 26232 46th Ave. S. (to include mock shut-down, customer notifications and area restoration after installation). • WSDOT (south West Valley Highway) large meter replacement preparation. Saw cut pavement, pothole utilities and assemble parts list. • Utility locates (Citywide). o Personnel Update: • Source & Supply MW3 recruitment plan submitted to HR. The ad will go out on Monday. • Source and Supply TM31 first review of job description complete, waiting for comments from Dave and Human Resources. • Water Maintenance Assistants (4). Had interviews on August 4. Forwarded three candidates to Human Resources for driver's license check and waiting on a reference check on another. Page 6of10 Storm o NPDES assessing storm system in the area of 203rd and 120th o Cleaning storm system in the area of 218th and 95th. o Manhole repair on West Valley and 238th and at James and 94th o Pumping catch basins near 109th and 222th. o Driving for Street paving projects on 64th Ave. o Saw cut and pothole for culvert replacement on 258th and 129th. o Culvert replacement and paving at 258th and 129th o Making rock bags for Earth Works project and installing Check Dams. o Vactor truck working for Water Section. • Sewer o Manhole change out at Central and 222"d, Reith and Lake Fenwick Rd. o TV Existing Storm Map M (area from 259th to 240th and Washington to Central). o Prep for asphalt at Skyline, anchor fuel tank. o Clean Existing Sewer Map F (area from Washington to Central and 240th N to 224th) o System inspection at East Hill. o Repair pump sump at Victoria Ridge Pump Station. o Change out Diffusers at Lake Fenwick Pump Station. • Warehouse • Assist Fleet Services when needed. • Haul out spoils as trucks become available. • Misc small equipment repairs. • Work on acquiring quotes for inventory purchases following new purchasing guidelines. • Work on purchasing Cantilever Rack for the D.I. pipe installed. • Fleet/Radio Shop o Radio Shop • Program ID's for radios. • Install 4G into NRT detective cars. • Misc radio and electronic repairs. o Fleet Shop • Sweeper write up for bent cover. • Vactor hose real guide repair. • Install new blades and repair broken bearings on Side arm mower. • Repair clutch and service one Police Harley. • Handle recall on new Vactor. • Replace damaged hydraulic lines on the Toro. • 15 Police vehicle preventative services and repairs. • Traffic car rear end repair. • 7 Detective vehicle preventative services and repairs. • 20 Motor pool services and repairs. Design o Bids were opened on July 28 for the Briscoe-Desimone Reach 4 Project. The low bidder was Razz Construction out of Bellingham. The award is scheduled to go to City Council on August 4. o Preparing addendum to the Kent Regional Trails Connector project. Bid opening is scheduled for August 11. o Preparing Transportation Improvement Board grant application for 80th Avenue between 196th and 180. Applications are due August 21. Page 7of10 o Prepared cost estimate and preliminary plans for addressing the slump on East Valley Highway. o The Washington State Department of Transportation has approved the channelization plans for the Kent Kangley Pedestrian Improvement Project removing one of the last major hurdles to bidding this project. o $15 million is included in the state budget for the S. 228th Street Union Pacific Railroad Grade Separation Project. $13 million in the 15 to 17 biennium and $2 million in the 17 to 19 biennium. o Designing Pacific Highway South traffic island landscaping with bid date in August. o WSDOT Right-of-Way certification for 108th/208th has been approved. Bidding of the project is pending WSDOT channelization plan approval. 0 50-percent design review plans were distributed for the 1st Avenue - Smith to James Street project. Funding in the amount of $272,000 for this project is included in the state budget. o Recruitment plan for Engineer II position has been sent to Human Resources. Planning to advertise within the next couple of weeks. o Drafting interlocal agreement with King County Flood Control District for the Milwaukee II Levee. Land Survey o Central Ave. South Improvements: Field crew staking out items as requested this week to facilitate construction activities. o Little Project Mitigation Plan: Design Topography work around our normal construction activities. (Area of Mill Creek that is north of E. James St. and east of Woodford Ave. North) o North Park Drainage Improvements: Preparing for construction lay out. 0 228th/224th Corridor- East Leg: Reviewing Phase 1A 60% plans. o Kent Kangley Road Monument Preservation: PW Utilities division is vactoring within monument cases on the centerline of Kent Kangley Road in coordination with Survey field personnel. The right of way monuments within these cases are two to three feet deep and this effort will safely enable locations of the monuments prior to raising/preserving them to state standards. (RCW 58.24 & WAC 332-120) o GNNS Control: Horizontal &Vertical control sessions using GNSS (Global Navigation Satellite System) on right of way monuments located within major road corridors and plats throughout the city. Construction o Briscoe-Desimone Levee Improvements - Reach 1: The punch list has been presented to the contractor and was very minor. Punch list work will be completed during the week of August 24. 0 2015 Vehicle Detector Loops: The contractor has completed all contract work. We have 9 additional loops in 5 locations that we will be adding to this contract. The contractor has agreed to proceed with the work at bid unit prices with some premium $ negotiated for inefficiencies and overtime. 0 640 Zone Pressure Reducing Valve Stations: The contractor has completed the last few minor contract items and the final walk-thru will be requested by the end of this week. o Central Ave S. Pavement Preservation and Utility Improvements: Contract work is currently focusing on the East side of Central Ave, South of SE 259th St where tree removal, sawcutting, concrete/asphalt removal, hydrant replacements, and storm pipe installation is ongoing this week. We held a pretask meeting for the liner Page 8of10 installation on July 30. Preliminary work for this process will start the week of August 10. 0 2015 Plastic Markings: The contractor has completed approximately 95% of the contract work. 0 2015 Paint Line Striping: The contractor has completed approximately 95% of the contract work. Curb painting is the only work that remains. o SR 516 to S 231st Way Levee Improvements, Russell Rd Upper Levee — South Reach: The contract for this project has been fully executed with SCI Infrastructure. The preconstruction meeting is in the process of being scheduled. 0 2015 Asphalt Overlay: The first lift of the first section of paving on 109th Ave SE was completed on July 31. Upon completion of all remaining concrete work on 109th Ave SE and 118th Ave SE, all remaining paving will take place during the week of August 17. Overlay paving on 40th Ave S (S 272nd to Cambridge Ct) and 42nd Ave S (S261st to Reith Rd) will be added to contract via change order. The change order for this work is being prepared for contractor review and signature. This added work will proceed after the change order is fully executed. o W. Gowe St: The Contract was fully executed with RL Alia Company and the Preconstruction Meeting was held on Monday, August 3. Notice to proceed is anticipated on the week of August 17. o North Park Drainage Improvements: The project has been awarded to Miles Resources, LLC on July 22 and the contract has been returned by the contractor for final review and execution. o Traffic Control Signal System: The project has been awarded to West Coast Signal, Inc. on July 22 and the contract has been returned by the contractor for final review and execution. An internal Merge Meeting was conducted with Transportation and Construction on Thursday, July 30 o Briscoe-Desimone Levee — Reach 4: This project has advertised and bids are due on July 28. o Kent Regional Trails Connector: This project has been advertised and bids are due on August 11. o Development Projects: • The preconstruction conference for Grandview Apartments took place on Thursday, July 28. • Performance Walk Thru for Indigo Springs has been requested and punch lists are due on August 6. • A Performance Walk-Through for Park Place has been requested and punch lists were due on August 7. • Follow-up meetings for the implementation of the revised processes resulting from the Civil Construction LEAN that took place in June are commencing every Wednesday at 10 AM. • 40+ Development projects are active in addition to multiple (40+) utility projects throughout the city. o Miscellaneous Construction Engineering Activities: • Plan review for 76th Ave Drainage Improvements. • Participating in Mill Creek Reestablishment weekly meetings. • Participating in the Public Works Engineering P4 Action Team for the development of clear, consistent and realistic processes for executing public works engineering programs, projects, planning and priorities. • Participating in FRAT (File Repository Action Team) that has been chartered to create, implement and communicate structures for electronic files that provide ease of use and streamline organization across Public Works. Page 9of10 Special Projects/Transportation: o Radar Speed signs have been installed on 3rd Ave and functioning data is being collected. o Crosswalk list of additions. Meeting yesterday about 50 more crosswalks identified. Finalizing list this morning. 0 64th St beacon will be installed prior to the start of school. o Meeker school flashers will be installed prior to the start of school. o Railroad crossings signs will be installed in September. This is to tell people how to notify the railroad when there are signal malfunctions. Environmental o Working on drafting an updated surface water design manual and working on putting together an internal team to review the draft manual. o Finalizing the plans and specifications for a 76th Ave. S. drainage improvement project. o Coordinating the public communication with the North Park neighborhood prior to constructing stormwater improvements. o Meeting with Adam Smith staff at the Tacoma filtration plant. o Conducting a second interview with one candidate for the Engineer II position. o Attending the WRIA 9 Salmon Habitat Forum meeting. o Communicating with the Lakes homeowners regarding acquisition of property. o Preparing for annual FEMA CRS recertification. Page 10 of 10 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank. r nrmueui »nr �'11�1WttuDjlur r IVP /rr%/p/i%rlAm//// U%//o m w � . r //r rf r/ /G'/���r��//�� %r0�// ��/,)ll��✓ri/!/i ro�dll/YiiiiO/��.����lr' �,�;;/ �. v, r � rr l .�$� lf�r',p %/✓�i r�i/err / jj*' l(✓ 1 / rr/ v� off . 'U� /tj 9W+4�1/r MIM • . hmp} .411 is w i r i' t f xExt�'� r, � . ,�✓ /! rr�i �a r adrcW„4„ This page intentionally left blank. 40 KENT CITY COUNCIL AGENDAS 1k August 18, 2015 wv . . `�..40.�✓ Council Chambers Mayor Suzette Cooke Council President Dana Ralph Councilmember Jim Berrios Councilmember Bill Boyce Councilmember Brenda Fincher Councilmember Dennis Higgins Councilmember Deborah Ranniger Councilmember Les Thomas ********************************************************************* COUNCIL WORKSHOP AGENDA 5 P.M. Subiect Speaker Time Legislative Update Doug Levy 30 min Morrill Meadows Park Expansion &YMCA Update Jeff Watling/Nathan Phillips 30 min COUNCIL MEETING AGENDA 7 p.m. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary B. Public Recognition C. Community Events D. Proclamation for Women's Equality Day E. Public Safety Report F. Intergovernmental Reports 5. PUBLIC HEARING A. Russell Road Upper Levee — North and South Reach Condemnation Ordinance — Public Hearing 6. PUBLIC COMMENT - Please state your name and address for the record. You will have up to three (3) minutes to provide comment. Please address all comments to the Mayor or the Council as a whole. The Mayor and Council may not be in a position to answer questions during the meeting. For more details regarding the public comment process, please refer to the section titled, "Public Comments," on the reverse side. 7. CONSENT CALENDAR A. Minutes of Previous Meetings and Workshop — Approve B. Water Resource Inventory Area (WRIA) 8 Interlocal Agreement — Authorize (Continued) COUNCIL MEETING AGENDA CONTINUED C. Grant Acceptance for 2015-2017 Commute Trip Reduction Program — Approve D. Contract Amendment to Extend 913 Bus Service for Five Additional Years — Authorize E. Riverview Park Channel Restoration — Grass Field Improvements — Accept as Complete F. Malik Ridge Bill of Sale — Accept G. 2014 Residential Traffic Calming Project — Accept as Complete H. Sport Court Repair and Resurfacing Project with Pacific Ace LLC - Accept as Complete I. Genesis Marketing — Consultant Services Agreement — Authorize J. Re-appointment to the Lodging Tax Advisory Committee - Confirm 8. OTHER BUSINESS 9. BIDS A. Riverview Park Trail Relocation Project — Award 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 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 website at 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. COUNCIL WORKSHOP 1) Legislative Update, Doug Levy 2) Morrill Meadows Park Expansion & YMCA Update, Jeff Watling/Nathan Phillips This page intentionally left blank. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Historical Note from Kent's 125th Anniversary B) Public Recognition C) Community Events D) Proclamation for Women's Equality Day E) Public Safety Report F) Intergovernmental Reports This page intentionally left blank. KE'* [ a Agenda Item: Public Hearing — 5A TO: City Council DATE: August 18, 2015 SUBJECT: Russell Road Upper Levee — North and South Reach Condemnation Ordinance — Public Hearing MOTION: Adopt Ordinance No. , providing for the acquisition by condemnation of certain property and/or property rights for the Russell Road Upper Levee Improvement Project. SUMMARY: The City of Kent has partnered with the King County Flood Control District (KCFCD) to improve the Russell Road Upper Levee where sections of the levee did not meet federal standards. Construction of the North Reach segment was completed in 2013. Construction of a portion of the South Reach segment, at the James Street/Russell Road Intersection, was completed in early 2015 and the remaining construction work at the South Reach is scheduled to begin this summer. Property acquisition was not required to construct the North Reach, however, as part of our agreement with the KCFCD, we are required to purchase an easement from the homeowners associations (HOAs) of Marina Pointe and Riverplace to maintain, inspect, and repair the levee as needed. The City has worked to acquire property for the South Reach project from the neighboring HOAs, however, Regatta at the Lakes signed a Possession and Use Agreement with the City which allows construction to take place and also allows the Regatta at the Lakes HOA board more time to negotiate a settlement. Part of the Possession and Use Agreement requires the City to be prepared to file for condemnation if negotiating a Possession and Use Agreement would delay the project schedule. The property the City needs to acquire is "common area," owned by all of the condominium units in the HOAs. No privately held land or individual units will be acquired in the process. EXHIBITS: 1) Russell Road Upper Levee — North and South Reach Condemnation Ordinance 2) Legal Descriptions-Exhibit A 3) Maps-Exhibit B RECOMMENDED BY: Public Works Committee YEA: N/A NAY: N/A BUDGET IMPACTS: There are no budget impacts as the King County Flood Control District will reimburse the City for expenditures on this project. This page intentionally left blank. EXHIBIT A TAX LOT 7212220000 THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5°39'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03°17'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031110", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S6803947"E 65.34 FEET; THENCE S71°00'54"E 28.90 FEET; THENCE S69157'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52113'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE S36006'49"W, ALONG SAID SOUTHEASTERLY LINE, 41.50 FEET TO THE POINT OF BEGINNING. S LEE � CONTAINING 25,144 SQUARE FEET, MORE OR LESS, WAS''•a Q' 4W19 �O�`at I.nrro EXHIBIT A TAX LOT 7212220000 UTILITY EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE'CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S680394711E 65.34 FEET; THENCE S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID SOUTHEASTERLY LINE, 10.00 FEET; THENCE N52013'57"W, LEAVING SAID SOUTHEASTERLY LINE, 81.80 FEET; THENCE N74039'04"W 31.74 FEET; THENCE N68002'33"W 32.73 FEET; THENCE N62°56'07"W 129.45, THENCE N69057'17"W 187.09 FEET; THENCE N71000'54"W 28.79 FEET; THENCE N6803947"W 65.21 Page 1 of 2 FEET; THENCE N69033'16"W 163.13 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N58010'32"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04034'32", AN ARC DISTANCE OF 17,25 FEET TO THE POINT OF BEGINNING. CONTAINING 7,117 SQUARE FEET, MORE OR LESS. 4.�"QOF EE O o• � 18 Page 2 of 2 EXHIBIT A TAX LOT 7212220000 RIVER PROTECTION EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S6803947"E 65.34 FEET; THENCE S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68102'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID SOUTHEASTERLY LINE, 15.01 FEET; THENCE N52113'57"W, LEAVING SAID SOUTHEASTERLY LINE, 82.65 FEET; THENCE N74139'04"W 32.44 FEET; THENCE N68002'33"W 32.22 FEET; THENCE N62056'07"W 129.53, THENCE N69057'17"W 187.45 FEET; THENCE N71000'54"W 28.73 FEET; THENCE N6803947"W 65.15 Page 1 of 2 FEET; THENCE N69033'16"W 169.39 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N60117'35"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06041'34", AN ARC DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING. CONTAINING 10,736 SQUARE FEET, MORE OR LESS. S..,EE �°F wnsq •Old O. " ,9 �mac . ONaturA DLJ/J Page 2 of 2 EXHIBIT A EASEMENT RIVER PROTECTION APN #5148970000 THAT PORTION OF MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 3, AS RECORDED IN VOLUME 139 OF CONDOMINIUMS, PAGES 25 THROUGH 35, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 4, AS RECORDED IN VOLUME 141 OF CONDOMINIUMS, PAGES 38 THROUGH 47, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 6, AS RECORDED IN VOLUME 148 OF CONDOMINIUMS, PAGES 79 THROUGH 90, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PHASE 3; THENCE S89020'00"E, ALONG THE SOUTH LINE OF SAID PHASE 3, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 3; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25025'33", AN ARC DISTANCE OF 181.94 FEET TO A POINT OF TANGENCY; THENCE N19050'00"W 181.77 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 4; THENCE CONTINUING N19050'00W 24.23 FEET ON A LINE THAT IS 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 4 TO A POINT OF TANGENCY WITH A 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31012'51", AN ARC DISTANCE OF 236.98 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 6; THENCE CONTINUING ON SAID 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 6, THROUGH A CENTRAL ANGLE OF 3009'39", AN ARC DISTANCE OF 24.00 FEET TO A POINT OF TANGENCY; THENCE N54112'30"W 224.00 FEET TO A POINT OF TANGENCY WITH A 1515.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 114.60 FEET TO AN ANGLE POINT; THENCE S40007'32"W 10.00 FEET TO THE SOUTHWESTERLY LINE OF SAID PHASE 6 AND A POINT ON A 1525.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N40007'32"E; THENCE SOUTHWESTERLY, ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 115.35 FEET TO A POINT OF TANGENCY; THENCE S54°12'30"E 224.00 FEET TO A POINT OF TANGENCY WITH A 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; Page 1 of 2 THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3007'30", AN ARC DISTANCE OF 23.18 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 6; THENCE CONTINUING ON SAID 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, SAID CURVE BEING THE SOUTHWESTERLY LINE OF SAID PHASE 4, THROUGH A CENTRAL ANGLE OF 31015'00", AN ARC DISTANCE OF 231.80 FEET TO A POINT OF TANGENCY; THENCE 519050'00"E 24.23 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 4; THENCE CONTINUING 519050'00"E 181.77 FEET ON THE WEST LINE OF SAID PHASE 3 TO A POINT OF TANGENCY WITH A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25032'57", AN ARC DISTANCE OF 178.37 FEET TO THE POINT OF BEGINNING, CONTAINING 9,831 SQUARE FEET, MORE OR LESS. 4,��tioF EE.�,por le �}, 4631D �S' 'QFCISIk"R�' 1pN�IAND N _ Page 2 of 2 EXHIBIT EASEMENT RIVER PROTECTION APN #7338100000 THAT PORTION OF RIVERPLACE AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 128 OF CONDOMINIUMS, PAGES 5 THROUGH 7, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PHASE 1; THENCE S89020'00"E, ALONG THE NORTH LINE OF SAID PHASE 1, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 1; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11056'59", AN ARC DISTANCE OF 85.51 FEET TO THE BEGINNING OF A 116.88 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N71121'58"W; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26039'41", AN ARC DISTANCE OF 54.39 FEET TO A POINT ON THE WEST LINE OF SAID PHASE 1, SAID POINT BEING THE BEGINNING OF A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS N64157'34"W; THENCE NORTHERLY, ALONG SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 19019'29", AN ARC DISTANCE OF 134.91 FEET TO THE POINT OF BEGINNING. CONTAINING 1,185 SQUARE FEET, MORE OR LESS. t�SoF was �l ,y to l�AI Law 5- 21 - �?Oi5 S.E. SEC. 15 T. 22 N R. 04 E r , � i l �,RAR[IVJA �'OPATs AT THE LLAA-X 9 �uvsl�I��L.��C���u TLVJ���Gss� INSPECTION EASEMENT d3 d3 \ d� d� GREEN RIVER RIVERPLACE AT THE LAKES PARTIAL TAKE H�O T w..� .'"i 733810-0000 CITY OF KENT SCAE = 50 IXHIBR ENGINEERING DEPARTMENT mm 10/2014 r-il cinn%n4mm RI ISCFI Rn 1 NMdwnW WTI MIRFAfH 1\pnw1RNFR PI AFF r SOnOMS 3-iR-W PM S.W. SEC. 14 T. 22 N R. 04 E -ti Lj i ;�,� f BRI�GTER r r 2i ✓kG�ATT A� iv r L� RIVER f a LJ AS�WENT n 10' UTI,LI�l EASE t F — \ \�\\\ RYA._ G?0E PROPERTY ACQUISITION NEW EASEMENT REGATTA PARTIAL TAKE i�A6T CITY "'"KENT SCALE: 1" = 150' 15 DMIRIR ENGINEERINGNG DEPARTMENT DATE: 05 26 rinpGnn%nP-inm PIIC61 P 1 I WFMdwn\rwu impFACH mnmPmAT a romA n dwn 5oonmS i-in-iR pM S.E. SEC. 15 T. 22 N R. 04 E �] ✓e \ \ \. +V , T.R. 14179-�1^I14,1$b/-' I DS MULTIPLE AC�C0UNT-s 2�417'52t,JD'PL 5 olk,)©Il��j �sT 1 10 INSPECTION EASEMENT { i� i=_FRA_E ROAD_ C PROPERTY LINE / RM 19.5 i MARINA POINTE AT THE LAKES PARTIAL TAKE AdT V ...... . . x SCALE i' ® 150' IXRIBR CITY OF KENT ENGINEERING DEPARTMENT OOZE 5/2015 G'10ocinn109-90f1(RIICCFI FO I NiF\tlwn\fNll ifNRFAfH i11l0W1MLRiNP Pn1NTP Ar11 tlwn SpOI)Itl5 iSSiN VM This page intentionally left blank. ORDINANCE NO. AN ORDINANCE of the City Council of the city of Kent, Washington, providing for the acquisition of certain property and/or property rights by eminent domain in order to construct, extend, widen, improve, alter, maintain, and reconstruct portions of the Green River levee system, and declaring the same to be a public use; providing for the condemnation, appropriation, taking and damaging of such property rights as are necessary for that purpose; directing the city attorney to prosecute the appropriate legal proceedings, together with the authority to enter into settlements, stipulations, or other agreements; and acknowledging that all of the affected real property is located within the corporate limits of the city of Kent in King County, Washington. RECITALS A. The SR 516 to S. 231st Way Levee Improvement Project ("Project") is necessary to provide flood protection to the Green River Valley, which includes the city of Kent, the city of Tukwila and the city of Renton. Upper Russeii Road North and South Reach 1 Levee Improvement Condemnation Ordinance B. The city of Kent ("City") must acquire certain property and property rights along the Project alignment in order to complete the Project. C. Efforts by City staff are currently ongoing to acquire the property necessary for this public use by negotiation and settlement agreements. D. In the event that negotiated acquisition is not fully successful it is essential that the City be prepared to initiate condemnation proceedings so that the Project can be timely constructed. E. The City has provided the requisite notice in the manner provided for in RCW 8.12.005 and 8.25.290. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, - After receiving the report of City staff and after reviewing the planned improvements for the Project, the City Council finds and declares that the public convenience, use, health, safety and necessity demand that the city of Kent condemn, appropriate, take, and damage portions of certain real property located within the corporate limits of Kent in King County, Washington, in order to acquire the necessary property and/or property rights for the construction of the Project, including all necessary appurtenances. The property to be acquired or which property rights are to be acquired (collectively the "Acquisition Area") is legally described in Exhibit "A" and approximately depicted in Exhibit "B," both of which are attached hereto and incorporated herein by this reference. The Upper Russeii Road North and South Reach 2 Levee Improvement Condemnation Ordinance precise scope of the taking may change if engineering requires modification of present plans. The purposes for which this condemnation is authorized shall include, without limitation, all acts necessary to complete the construction, extension, improvement, widening, alteration, maintenance, and reconstruction required for the Project. SECTION 2, - The City Council authorizes the acquisition by condemnation of all or a portion of the Acquisition Area for the construction, extension, improvement, widening, alteration, maintenance, and reconstruction of the Project, including acquisition of property and/or property rights, together with all necessary appurtenances and related work to make a complete improvement according to established standards. SECTION 3, - The City shall condemn the Acquisition Area only upon completion of all steps and procedures required by applicable federal, state, and local laws and regulations, and only after just compensation has first been made or paid into court for the owner or owners in the manner prescribed by law. SECTION 4. - The City shall pay for the entire cost of the acquisition by condemnation provided for in this ordinance through the City's project fund or from any of the City's general funds if necessary, as may be provided by law. SECTION 5, - The City Council authorizes and directs the city attorney to commence those proceedings provided by law that are necessary to condemn the property. In commencing this condemnation procedure, the City Council authorizes the city attorney to enter into settlements, stipulations, or agreements in order to minimize damages, which settlements, stipulations, or agreements may include but not be Upper Russeii Road North and South Reach 3 Levee Improvement Condemnation Ordinance limited to the amount of just compensation to be paid, the size and dimensions of the property condemned, and the acquisition of temporary construction easements and other property interests. SECTION 6, — 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 the same shall maintain its full force and effect. SECTION 7, — 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. SECTIONS. — Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: RONALD F. MOORE, CITY CLERK Upper Russeii Road North and South Reach 4 Levee Improvement Condemnation Ordinance APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 12015. APPROVED: day of 12015. PUBLISHED: day of 12015. 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\Condemnation Ordinance-UPRR North and S uM R ach.docx Upper Russeii Road North and South Reach 5 Levee Improvement Condemnation Ordinance EXHIBIT A TAX LOT 7212220000 THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5°39'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03°17'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031110", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S6803947"E 65.34 FEET; THENCE S71°00'54"E 28.90 FEET; THENCE S69157'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52113'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE S36006'49"W, ALONG SAID SOUTHEASTERLY LINE, 41.50 FEET TO THE POINT OF BEGINNING. S LEE � CONTAINING 25,144 SQUARE FEET, MORE OR LESS, WAS''•a Q' 4W19 �O�`at I.nrro EXHIBIT A TAX LOT 7212220000 UTILITY EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE'CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S680394711E 65.34 FEET; THENCE S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68002'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID SOUTHEASTERLY LINE, 10.00 FEET; THENCE N52013'57"W, LEAVING SAID SOUTHEASTERLY LINE, 81.80 FEET; THENCE N74039'04"W 31.74 FEET; THENCE N68002'33"W 32.73 FEET; THENCE N62°56'07"W 129.45, THENCE N69057'17"W 187.09 FEET; THENCE N71000'54"W 28.79 FEET; THENCE N6803947"W 65.21 Page 1 of 2 Exhibit A FEET; THENCE N69033'16"W 163.13 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N58010'32"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04034'32", AN ARC DISTANCE OF 17,25 FEET TO THE POINT OF BEGINNING. CONTAINING 7,117 SQUARE FEET, MORE OR LESS. 4.�"QOF EE O o• � 18 Page 2 of 2 EXHIBIT A TAX LOT 7212220000 RIVER PROTECTION EASEMENT THAT PORTION OF REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 19 THROUGH 30, INCLUSIVE, AND REGATTA AT THE LAKES, A CONDOMINIUM, PHASE 2, AS RECORDED IN VOLUME 121 OF CONDOMINIUMS, PAGES 76 THROUGH 86, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF RUSSELL ROAD AND THE NORTH LINE OF JAMES STREET, AS SHOWN ON BRIDGEWATER III, A CONDOMINIUM, AS RECORDED IN VOLUME 90 OF CONDOMINIUMS, PAGES 89 THROUGH 95, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING ON A 780.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS S70124'10"W; THENCE NORTHWESTERLY, ALONG SAID CURVE AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 5039'21", AN ARC DISTANCE OF 77.00 FEET TO THE MOST SOUTHERLY CORNER OF BRIDGEWATER IV, A CONDOMINIUM, AS RECORDED IN VOLUME 92 OF CONDOMINIUMS, PAGES 64 THROUGH 69, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 30005'21", AN ARC DISTANCE OF 409.62 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE CONTINUING ALONG SAID 780.00 FOOT RADIUS CURVE TO THE LEFT AND THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, THROUGH A CENTRAL ANGLE OF 03017'03", AN ARC DISTANCE OF 44.71 FEET TO A POINT OF COMPOUND CURVATURE WITH A 1619.61 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 10031'10", AN ARC DISTANCE OF 297.35; THENCE N69008'38"W 231.56 FEET TO A POINT OF TANGENCY WITH A 216.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32044'38", AN ARC DISTANCE OF 123.44 FEET TO THE POINT OF BEGINNING; THENCE S69033'16"E, LEAVING SAID NORTHEASTERLY MARGIN OF RUSSELL ROAD, 149.01 FEET; THENCE S6803947"E 65.34 FEET; THENCE S71000'54"E 28.90 FEET; THENCE S69057'17"E 186.39 FEET; THENCE S62056'07"E 129.28 FEET; THENCE S68102'33"E 33.75 FEET; THENCE S74039'04"E 30.34 FEET; THENCE S52013'57"E 80.11 FEET TO THE SOUTHEASTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1; THENCE N36006'49"E, ALONG SAID SOUTHEASTERLY LINE, 15.01 FEET; THENCE N52113'57"W, LEAVING SAID SOUTHEASTERLY LINE, 82.65 FEET; THENCE N74139'04"W 32.44 FEET; THENCE N68002'33"W 32.22 FEET; THENCE N62056'07"W 129.53, THENCE N69057'17"W 187.45 FEET; THENCE N71000'54"W 28.73 FEET; THENCE N6803947"W 65.15 Page 1 of 2 EXHIBIT A FEET; THENCE N69033'16"W 169.39 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID REGATTA AT THE LAKES, CONDOMINIUM, PHASE 1, ALSO BEING THE NORTHEASTERLY MARGIN OF RUSSELL ROAD, SAID POINT BEING ON A 216.00 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE CONCAVE TO THE NORTHEAST, FROM WHICH THE CENTER OF SAID CURVE BEARS N60017'35"E; THENCE SOUTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06041'34", AN ARC DISTANCE OF 25.23 FEET TO THE POINT OF BEGINNING. CONTAINING 10,736 SQUARE FEET, MORE OR LESS. S..,EE �°F wnsq •Old O. " ,9 ��cs ONaturA DLJ/J Page 2 of 2 EXHIBIT A EASEMENT RIVER PROTECTION APN #5148970000 THAT PORTION OF MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 3, AS RECORDED IN VOLUME 139 OF CONDOMINIUMS, PAGES 25 THROUGH 35, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 4, AS RECORDED IN VOLUME 141 OF CONDOMINIUMS, PAGES 38 THROUGH 47, INCLUSIVE, AND MARINA POINTE AT THE LAKES, A CONDOMINIUM, PHASE 6, AS RECORDED IN VOLUME 148 OF CONDOMINIUMS, PAGES 79 THROUGH 90, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PHASE 3; THENCE S89020'00"E, ALONG THE SOUTH LINE OF SAID PHASE 3, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 3; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25025'33", AN ARC DISTANCE OF 181.94 FEET TO A POINT OF TANGENCY; THENCE N19050'00"W 181.77 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 4; THENCE CONTINUING N19050'00W 24.23 FEET ON A LINE THAT IS 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 4 TO A POINT OF TANGENCY WITH A 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT; THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 31012'51", AN ARC DISTANCE OF 236.98 FEET TO THE SOUTHEASTERLY LINE OF SAID PHASE 6; THENCE CONTINUING ON SAID 435.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES, FROM THE SOUTHWESTERLY LINE OF SAID PHASE 6, THROUGH A CENTRAL ANGLE OF 3009'39", AN ARC DISTANCE OF 24.00 FEET TO A POINT OF TANGENCY; THENCE N54112'30"W 224.00 FEET TO A POINT OF TANGENCY WITH A 1515.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 114.60 FEET TO AN ANGLE POINT; THENCE S40007'32"W 10.00 FEET TO THE SOUTHWESTERLY LINE OF SAID PHASE 6 AND A POINT ON A 1525.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N40007'32"E; THENCE SOUTHWESTERLY, ALONG SAID CURVE AND SAID SOUTHWESTERLY LINE, THROUGH A CENTRAL ANGLE OF 4020'02", AN ARC DISTANCE OF 115.35 FEET TO A POINT OF TANGENCY; THENCE S54°12'30"E 224.00 FEET TO A POINT OF TANGENCY WITH A 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; Page 1 of 2 EXHIBIT A THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3007'30", AN ARC DISTANCE OF 23.18 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 6; THENCE CONTINUING ON SAID 425.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, SAID CURVE BEING THE SOUTHWESTERLY LINE OF SAID PHASE 4, THROUGH A CENTRAL ANGLE OF 31015'00", AN ARC DISTANCE OF 231.80 FEET TO A POINT OF TANGENCY; THENCE 519050'00"E 24.23 FEET TO THE SOUTHWESTERLY CORNER OF SAID PHASE 4; THENCE CONTINUING 519050'00"E 181.77 FEET ON THE WEST LINE OF SAID PHASE 3 TO A POINT OF TANGENCY WITH A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 25032'57", AN ARC DISTANCE OF 178.37 FEET TO THE POINT OF BEGINNING, CONTAINING 9,831 SQUARE FEET, MORE OR LESS. 4,��tioF EE.�,por le �}, 4631D �S' 'QFCISIk"R�' 1pN�IAND N _ Page 2 of 2 EXHIBIT A EXHIBIT EASEMENT RIVER PROTECTION APN #7338100000 THAT PORTION OF RIVERPLACE AT THE LAKES, A CONDOMINIUM, PHASE 1, AS RECORDED IN VOLUME 128 OF CONDOMINIUMS, PAGES 5 THROUGH 7, INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON, IN THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PHASE 1; THENCE S89020'00"E, ALONG THE NORTH LINE OF SAID PHASE 1, A DISTANCE OF 10.04 FEET TO A POINT ON A 410.00 FOOT RADIUS, CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N84024'27"W, SAID CURVE BEING 10.00 FEET PARALLEL WITH, WHEN MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID PHASE 1; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11056'59", AN ARC DISTANCE OF 85.51 FEET TO THE BEGINNING OF A 116.88 FOOT RADIUS, NON-TANGENT CIRCULAR CURVE TO THE RIGHT, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS N71121'58"W; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26039'41", AN ARC DISTANCE OF 54.39 FEET TO A POINT ON THE WEST LINE OF SAID PHASE 1, SAID POINT BEING THE BEGINNING OF A 400.00 FOOT RADIUS, CIRCULAR CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS N64157'34"W; THENCE NORTHERLY, ALONG SAID CURVE AND SAID WEST LINE, THROUGH A CENTRAL ANGLE OF 19019'29", AN ARC DISTANCE OF 134.91 FEET TO THE POINT OF BEGINNING. CONTAINING 1,185 SQUARE FEET, MORE OR LESS. t�SoF was �l ,y to l�AI Law 5- 21 - �?Oi5 EXHIBIT B S.E. SEC. 15 T. 22 N R. 04 E r , � i l �,RAR[IVJA � MATs AT THE LA A- 9 �uvsl�I��L.��C���u TLVJ���Gss� INSPECTION EASEMENT d3 d3 \ d� d� GREEN RIVER RIVERPLACE AT THE LAKES PARTIAL TAKE H�O T w..� .'"i 733810-0000 CITY OF KENT SCAE = 50 IXHIBR ENGINEERING DEPARTMENT mm 10/2014 r-il cinn%n4mm RI ISCFI Rn 1 NMdwnW WTI MIRFAfH 1\pnw1RNFR PI AFF r SOnOMS 3-iQ-W PM S.W. SEC. 14 T. 22 N R. 04 E -ti % i - f BRIDGTER -� C 1 ' RIVER f a LJ ASMEfJT n 10' UTI,LIP(\ EA�f�ttJT — X \ 41momemmum, RYA._ G?0E PROPERTY ACQUISITION NEW EASEMENT REGATTA PARTIAL TAKE KENT CITY "'"KENT SCALE: 1" = 150' DMIRIR ENGINEERINGNG DEPARTMENT DATE: 05 2D15 11 rinpGnn%nP-inm Ptimm P 1 I WFMdwn\rwu inwFACH TRONAPPGATT6 romAmm dwn 5oonmS i-in-iR Pm EXHIBIT B S.E. SEC. 15 T. 22 N R. 04 E +V , T.R. 14179-01^I14,1$b/ 5 5 IDS MULTI LE C�C0l9S"�V,S 2�1a'52t,JD'PL 5 o�BIG°©Ilis u � 10' INSPECTION EASEMENT I._ �� a ��i=_FRAGER ROAD C PROPERTY LINE / RM 19.5 i MARINA POINTE AT THE LAKES PARTIAL TAKE AdT w.exu.... CITY OF KENT SCALE 1' ® 150' IXRIBR ENGINEERING DEPARTMENT OOZE 5/2015 G'10ocinn109-90f1(RIICCFI RO I F FF\Hw.AFWTI iMRFAFH 11R0WWAPTNP PnTN F A01 e— vgnnn153 Sg4R PM 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 J. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the special council meetings of July 28 and August 4, 2015. This page intentionally left blank. KE O T N(p5N O'I'U 1 Kent City Council Special Meeting Minutes July 28, 2015 The special meeting of the Kent City Council was called to order at 5:31 p.m. by Mayor Cooke. Councilmembers present: Berrios, Boyce, Fincher, Higgins, Ralph, and Ranniger. Councilmember Thomas was excused by a Council motion made and carried 6-0 at the August 4, 2015 meeting. OPENING REMARKS Council President Ralph stated that the purpose of the meeting is for the Council to consider a resolution to place an advisory proposition relating to fireworks on the November 3 ballot. She noted that it is for the sale, possession, and discharge of private fireworks. City Administrator Matheson communicated that there is a revised resolution on the dais and it contains the revised dates the City has to provide the pro/con committee names to King County Elections. Mayor Cooke noted that this resolution concerns private fireworks and that the public fireworks would be permitted. This, she said, is an advisory vote that the Council is obtaining from the public. This vote doesn't change any laws, she pointed out. OTHER BUSINESS A. Resolution Callina for an Advisory Proposition Relatina to Fireworks — Adopt. Councilmember Berrios moved to adopt Resolution No. 1913, placing Advisory Proposition No. 1 on the November 3, 2015 election ballot asking voters whether the sale, possession, and discharge of consumer fireworks should be prohibited in Kent, seconded by Councilmember Higgins. Councilmember Berrios thanked the Council for getting to this point and stated that the City has received several complaints as well as concerns from parties that are against a ban. He noted that it is time for everyone to have a voice on this issue. Councilmember Higgins noted that the Council has received a large amount of correspondence on this issue. He noted that this is an advisory item and the Council needs to follow through if the citizens vote for a ban. He noted that whatever the turnout is, there will be some citizenry that will be dissatisfied at the end. He encouraged everyone to respect the will of the majority for whatever happens. He added that he will be right there to ensure the laws are enforced when this is concluded. Kent City Council Special Meeting Minutes Councilmember Boyce clarified that whatever the vote turns out, the Council may or may not bring this item back for action. Council President Ralph communicated that because of state law, if the Council was to pass a ban, it wouldn't go into effect until July 4, 2017. A vote was taken on the motion on the table which carried 6-0. Council President Ralph stated that the Council now seeks applicants for the pro/con committee which will write the statements for and against the ban for the voter's pamphlet. She noted that there is a limit of three applicants per committee which will be appointed by the Council on August 4. She stated that the applications to serve on either committee will be available on the City's website at 6 p.m. and they are due to the City Clerk's Office by August 3 at 5 p.m. ADJOURNMENT The meeting adjourned at 5:44 p.m. Ronald F. Moore, MMC 2 KE O T N(p5N O'I'U 1 Kent City Council Special Meeting Minutes August 4, 2015 The special meeting of the Kent City Council was called to order at 5:01 p.m. by Mayor Cooke. Councilmembers present: Ralph, Berrios, Boyce, Fincher, Ranniger, and Thomas. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief Administrative Officer Derek Matheson recommended adding an excused absence for Councilmember Thomas who was absent for the Council meeting of July 28, 2015. He also suggested adding an executive session concerning property negotiations as per RCW 42.30.110(1)(b) for a period of five minutes. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary — Craig Allen Reitan, Chief Financial Officer of the Greater Kent Historical Society and Kent resident, presented the history of long-time Kent business, Pay N Pak and its hydroplane boats. He noted that Pay N Pak Corporation opened in the City of Kent in 1969 and highlighted the success of the Pay N Pak hydroplane boats over the years. He informed the audience that the Hydroplane and Race Boat Museum is located at 5917 South 196th Street and the Greater Kent Historical Museum is at 855 East Smith Street. B. Public Recognition — None. C. Community Events — Council President Ralph highlighted that the Seattle Thunderbirds hockey team preseason games begin on September 16. She added that the circus will be there on September 24 and 27 and the Thunderbirds home opener is October 3. She added that the Scorpions and Queensryche will be at the ShoWare is on October 9. Mayor Cooke communicated that Bryan Reil from the Kent Municipal Court is the Employee of the Month for July. Mayor Cooke communicated that there are several history focused events going on in the City on August 15th, such as the open house at the Hydroplane and Race Boat Museum, the Garden Walking Tour for the Mill Creek Historic Neighborhood District, the Neely-Soames open house, the Soos Creek Botanical Garden and Heritage Center's "Experience Historical Kent" event, and the historic downtown Kent walking tour. D. Intergovernmental Reports. — Council President Ralph communicated that she attended the Regional Law Safety and Justice Committee meeting in Seattle. Mental health was the topic at this meeting as well as a discussion on legislative revisions regarding involuntary treatment, commitment and criminal competency. She also noted positive revisions to the laws concerning families being able to appeal the commitment of family members to treatment. She noted that treatment beds are Kent City Council Special Meeting Minutes limited which posed the question of whether private hospitals can be utilized to fill that need. She communicated that there is an increase and a link between people entering the criminal justice system and mental health. The idea is to get these people the help and treatment that they need in order to stay out of the criminal justice system. Councilmember Fincher stated she had no report from the King Conservation District and there will be no meeting in August. Councilmember Boyce highlighted that the Sound Cities Association Public Issues Committee has their meeting on November 9 and he has no other report. PUBLIC HEARING None. PUBLIC COMMENT None. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar Items A through K, seconded by Councilmember Thomas. Motion carried 6-0. A. Approval of the minutes — Approve. The minutes of the workshop and regular council meeting of July 21 2015 were approved. B. Payment of Bills — Approve. Bills received through June 30 and paid on June 15 and June 30 after auditing by the Operations Committee on July 21 2015. C. Excused Absence for Councilmember Dennis Hiaains - Approve. An excused absence for Councilmember Higgins as he is unable to attend the City Council meeting of August 4, 2015. D. Appointment of the Financial Sustainability Task Force - Confirm. The Council was authorized to confirm the Selection Committee's appointments of Jerry Coupe, Lamont Williams, Tom Smith, Ricki Robinson, Andrew Hough, April Santa Rosa, Delores Christianson, Richard Wilkinson, Ross Hardy, Michael Johnson, Atama Anand, Dennis Manes, Lew Sellers, Alan Gray, Mohinder Sohal, Elmo "LaMont Palmer, Parwinder Dhanda and Marcia "Lisa" Bartholomew to the Financial Sustainability Task Force. E. Consultant Aareement with KBA Inc. — S. Central Construction Manaaement —Authorize. The Mayor was authorized to sign a Consultant Services Agreement with KBA Inc., in an amount not to exceed $600,000, to provide construction management services for the Central Avenue S. Project, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. 2 Kent City Council Special Meeting Minutes F. Overlay Proiect Chanae Order — ICON — Authorize. The Mayor was authorized to sign a Construction change order with ICON Materials for $519,604.25 to provide additional asphalt work on 40th Avenue South between South 272nd and north of Cambridge Court, and 42nd Ave South between Reith Road and South 261st Street, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. G. Water District #111 Service Boundary Chance Agreement - Approve. The Mayor was authorized to sign an agreement with Water District #111 that would adjust the water service area and corporate boundary of the Kent water utility to include the On Rainier Pond Plat, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. H. 2014 Downtown Parkina Sian Replacement — Accept as Complete. The Mayor was authorized to accept the 2014 Downtown Parking Sign Replacement Project as complete and release retainage to Transportation Systems, Inc. upon receipt of standard releases from the state and the release of any liens. I. 2015 Crack Sealing Proiect — Accept as Complete. The Mayor was authorized to accept the 2015 Crack Sealing Project as complete and release retainage to C.R. Contracting, upon receipt of standard releases from the state and the release of any liens. J. Grant Application Resolution to Recreation and Conservation Office for Turf Renovation at Hoaan Park - Adopt. Resolution No. was adopted, authorizing the submittal of a grant application to the Recreation and Conservation Office to assist in funding the conversion of Hogan Park baseball field number one to a synthetic turf, multi-use field. OTHER BUSINESS A. 2015 LTGO Refundina Bonds Ordinance — Adopt. Aaron BeMiller, Finance Director communicated the item. He communicated that this ordinance is to refund the 2006 series bonds. He noted that the City will be refunding $8,600,000. He highlighted the six conditions that need to be met for the designated representative to approve the final refunding. Council President Ralph moved to adopt Ordinance No. 4160, providing for the issuance of one or more series of limited tax general obligation refunding bonds in the aggregate principal amount not to exceed $30,000,000 to refund certain outstanding bonds and to pay costs of issuing the bonds; providing the form and terms of the bonds; and delegating the authority to approve the final terms of the bonds, seconded by Councilmember Boyce. Motion carried 6-0. B. Fireworks Advisory Proposition Pro and Con Committees — Appoint. Mayor Cooke spoke on the item. She communicated that this is for the advisory pro/con committees. She noted that the item will be a part of the November 3 ballot. 3 Kent City Council Special Meeting Minutes Council President Ralph mentioned that there were 15 applicants and discussed the deadlines moving forward. Councilmember Berrios moved to appoint Gwen Allen-Carston, Dave McDougall, and Richard Brandau to serve on the committee advocating approval of Proposition 1, seconded by Councilmember Ranniger. Councilmember Thomas abstained. Motion carried 5-0. Council President Ralph moved to appoint Richard Wilkinson, Lorraine Brinkmann, and Colin Hauck to serve on the committee advocating disapproval of Proposition 1, and direct the City Clerk to submit the appointments to King County Elections, seconded by Councilmember Boyce. Motion carried 6-0. BIDS A. Briscoe-Desimone Levee Improvements Reach 4 - Award. Tim LaPorte, Public Works Director discussed the bid award. He reviewed the project and displayed what the improvements will look like once work is completed. He noted that Razz Construction is the low bidder. Council President Ralph moved to award the Briscoe-Desimone Levee Improvements Reach 4 Project to Razz Construction, Inc. in the amount of $873,421.28 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Fincher. Motion carried 6- 0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. - Council President Ralph noted that there was no Council workshop due to National Night Out. Therefore, there was nothing to report. B. Mayor. - No report. C. Chief Administrative Officer. - Chief Administrative Officer Derek Matheson stated that the CAO Report is in the packet and there will be a five-minute executive session. D. Economic & Community Development Committee. - No report. E. Operations Committee. - The report is in the Committee minutes. F. Parks and Human Services Committee. - No report. G. Public Safety Committee. - No report. H. Public Works Committee. - The report is in the Committee minutes. 4 Kent City Council Special Meeting Minutes I. Reaional Fire Authority. - No report and no meeting this month. EXECUTIVE SESSION At 5:27 p.m., Mayor Cooke announced that the Council would recess into an Executive Session for five minutes to discuss property negotiations, per RCW 42.30.110(1)(b). At 5:32 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION Council President Ralph moved to authorize the Mayor to sign all necessary documents to complete the purchase of the Goodwin property located at 520 Kensington Avenue, in an amount not to exceed $115,000 plus reasonable closing costs, subject to approval of the final terms and conditions by the City Attorney and Public Works Director, seconded by Councilmember Fincher. Motion carried 6-0. ADJOURNMENT The meeting adjourned at 5:35 p.m. Ronald F. Moore, MMC City Clerk 5 This page intentionally left blank. KE'* [ a Agenda Item: Consent Calendar — 713 TO: City Council DATE: August 18, 2015 SUBJECT: Water Resource Inventory Area (WRIA) 8 Interlocal Agreement — Authorize MOTION: Authorize the Mayor to sign an interlocal agreement for the watershed basins within Water Resource Inventory Area S. SUMMARY: In 1999, the Federal Government listed Puget Sound Chinook salmon as threatened under the Endangered Species Act. In 2001, concerned about the need to protect and restore habitat for salmon, 27 cities and King County in Water Resource Inventory Area (WRIA) 8 signed an interlocal agreement (ILA) to jointly create a habitat conservation plan. WRIA 8 includes all of the Lake Washington Watershed, as well as near shore areas in Seattle. In 2006, the ILA was updated to reflect implementation of the 2005 WRIA 8 Chinook Habitat Plan and renewed for a ten year term which expires at the end of 2015. The local agencies that entered into the ILA share interest in and responsibility for addressing long term watershed planning and conservation and wish to continue providing for planning and implementation of various activities and projects. The proposed ILA has been updated to reflect the current goals and purposes of the WRIA 8 ILA parties. Ratification of the ILA would continue the city's support for preservation and restoration of salmon habitat in the Lake Washington, Cedar and Sammamish River watershed. WRIA 8 includes the Cedar River watershed area, of which Rock Creek is a tributary. The City of Kent's Clark Springs municipal water supply is located in the Rock Creek sub-watershed and, during certain times of the year, provides a majority of the city's water supply. The city considers the plan when making management decisions in the Rock Creek watershed, but would not be required through the ILA to implement any plan requirement or goal if doing so would threaten or harm the city's ability to provide a safe, secure and adequate water supply to its citizens. EXHIBITS: Interlocal Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: None This page intentionally left blank. INTERLOCAL AGREEMENT For the Watershed Basins within Water Resource Inventory Area 8 PREAMBLE THIS AGREEMENT ("Agreement') is entered into pursuant to Chapter 39.34 RCW by and among the eligible county and city governments signing this agreement that are located in King and Snohomish Counties, lying wholly or partially within the management area of Watershed Resource Inventory Area ("WRIA") 8, which includes all or portions of the Lake Washington, Cedar River, and Sammamish River basins, all political subdivisions of the State of Washington (individually for those signing this Agreement, "party", and collectively"parties"). The parties share interests in and responsibility for addressing long-term watershed planning and conservation. WHEREAS, the parties share interests in and responsibility for addressing long-term watershed planning and conservation of the aquatic ecosystems and floodplains for purposes of implementing the Lake Washington/Cedar/Sammamish Watershed (WRIA 8) Chinook Salmon Conservation Plan ("WRIA 8 Plan") and improving watershed health for the watershed basins in WRIA 8 and wish to provide for funding and implementation of various activities and projects therein, and WHEREAS, Puget Sound Chinook salmon, including the WRIA 8 Cedar and Sammamish populations, were listed as threatened under the Endangered Species Act (ESA) in 1999, and WHEREAS, the parties recognize their participation in this Agreement demonstrates their commitment to proactively working to address the ESA listing of Chinook salmon, and WHEREAS, the parties recognize achieving WRIA 8 salmon recovery and watershed health goals requires a recommitment to, and acceleration of, the collaborative implementation and funding of salmon recovery actions, and WHEREAS, the parties have participated in an Interlocal Agreement for the years 2001- 2005 to develop the WRIA 8 Plan, contributed to the federally-approved Puget Sound Salmon Recovery Plan, and desire to continue providing efficient participation in the implementation of such plans, and WHEREAS, the parties took formal action in 2005 and 2006 to ratify the WRIA 8 Plan, and WHEREAS, the parties have participated in an extension of the 2001-2005 Interlocal Agreement and an Interlocal Agreement for the years 2007-2015 to implement the WRIA 8 Plan, and WHEREAS, the parties seek information on watershed conditions and salmon conservation and recovery needs to inform local decision-making bodies regarding actions in response to listings under the ESA, and 1 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 WHEREAS, the parties have prioritized and contributed resources and funds for implementing projects and programs to protect and restore salmon habitat, and WHEREAS, the parties wish to monitor and evaluate implementation of the WRIA 8 Plan through adaptive management, and WHEREAS,the parties wish to continue to use adaptive management for identifying, coordinating and implementing basin plans and water quality, flood hazard reduction, water quantity, and habitat projects in the watersheds, and WHEREAS, the parties recognize climate change is likely to affect watershed ecosystem function and processes, and salmon habitat restoration actions are a proactive approach to making the watershed ecosystem more resilient to changing conditions, which supports watershed health for human communities and salmon populations, and WHEREAS, the parties have an interest in participating on the Puget Sound Salmon Recovery Council and other groups associated with Puget Sound recovery because of the contributions of the Lake Washington/Cedar/Sammamish Watershed to the overall health of Puget Sound and to collectively seek funding to implement the WRIA 8 Plan, and WHEREAS, the parties have an interest in participating on the Washington Salmon Coalition and other groups associated with the Salmon Recovery Funding Board to collectively seek funding to implement the WRIA 8 Plan, and WHEREAS, the parties have an interest in supporting implementation of the Puget Sound Partnership Action Agenda to restore the health of Puget Sound as it relates to salmon recovery and WRIA 8 priorities, and WHEREAS, the parties recognize the importance of efforts to protect and restore habitat for multiple species in the Lake Washington/Cedar/Sammamish Watershed, including Lake Sammamish kokanee, and will seek opportunities to partner and coordinate Chinook recovery efforts with these other efforts where there are overlapping priorities and benefits, and WHEREAS, the parties have an interest in achieving multiple benefits by integrating salmon recovery planning and actions with floodplain management, water quality and agriculture, and WHEREAS, the parties recognize that identification of watershed issues, and implementation of salmon conservation and recovery actions may be carried out more efficiently if done cooperatively than if carried out separately and independently, NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein, the parties hereto do mutually covenant and agree as follows: 2 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 MUTUAL COVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1. ELIGIBLE JURISDICTIONS: The governments eligible for participation in this Agreement as parties are the Counties of King and Snohomish, the cities of Bellevue, Bothell, Brier, Clyde Hill, Edmonds, Everett, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Lynnwood, Maple Valley, Medina, Mercer Island, Mill Creek, Mountlake Terrace, Mukilteo, Newcastle, Redmond, Renton, Sammamish, Seattle, Shoreline, Woodinville, the towns of Beaux Arts, Hunts Point, Woodway and Yarrow Point, and other interested public agencies and tribes. 1.2. WRIA 8 SALMON RECOVERY COUNCIL: The WRIA 8 Salmon Recovery Council created herein is the governing body responsible for implementing this Agreement and is comprised of members who are designated representatives of eligible jurisdictions who have authorized the execution of and become parties to this Agreement. In addition, the WRIA 8 Salmon Recovery Council includes members who are not representatives of the parties and are comprised of a balance of stakeholder representatives and any other persons who are deemed by the parties to this Agreement to be appropriate for the implementation and adaptive management of the WRIA 8 Plan. The appointed representatives of parties will appoint the members who are not representing parties, using the voting provisions of Section 5 of this Agreement. 1.3. LAKE WASHINGTON/CEDAR/SAMMAMISH WATERSHED(WRIA 8) CHINOOK SALMON CONSERVATION PLAN, JULY 2005: WRIA 8 Plan as referred to herein is the three volume document, and any subsequent updates adopted in accordance with the procedures provided for in Section 6 below, developed in partnership with stakeholder representatives and ratified by the parties to this Agreement for the purposes of preserving, protecting, and restoring habitat with the intent to recover listed species, including sustainable, genetically diverse, harvestable populations of naturally spawning Chinook salmon. 1.4 MANAGEMENT COMMITTEE: Management Committee as referred to herein consists of five (5) elected officials or their designees which elected officials are chosen by the party members of the WRIA 8 Salmon Recovery Council, according to the voting procedures in Section 5, and charged with staff oversight and administrative duties on the WRIA 8 Salmon Recovery Council's behalf. 1.5 SERVICE PROVIDER(S): Service Provider(s), as used herein, means that agency, government, consultant or other entity which supplies staffing or other resources to and for the WRIA 8 Salmon Recovery Council, in exchange for payment. The Service Provider(s) may be a party to this Agreement. 3 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 1.6 FISCAL AGENT: The Fiscal Agent refers to that agency or government which performs all accounting services for the WRIA 8 Salmon Recovery Council, as it may require, in accordance with the requirements of Chapter 39.34 RCW. 1.7 STAKEHOLDERS: Stakeholders refers to those public and private entities within the WRIA who reflect the diverse interests integral for planning, implementation, and adaptive management for the recovery of the listed species under the Endangered Species Act, and may include but are not limited to environmental and business interests. 2. PURPOSES.The purposes of this Agreement include the following: 2.1 To provide a mechanism and governance structure for the implementation and adaptive management of the implementation of the WRIA 8 Plan 2.2 To share the cost of the WRIA 8 Service Provider team to coordinate and provide the services necessary for the successful implementation and management of the WRIA 8 Plan. The maximum financial or resource obligation of any participating eligible jurisdiction under this Agreement shall be limited to its share of the cost of the Service Provider staff and associated operating costs. 2.3 To provide a mechanism for securing technical assistance and funding from state agencies or other sources. 2.4 To provide a mechanism for the implementation of other multiple benefit habitat, water quality and floodplain management projects with local, regional, state, federal and non- profit funds as may be contributed to or secured by the WRIA 8 Salmon Recovery Council. 2.5 To annually recommend WRIA 8 salmon recovery programs and projects for funding by the King County Flood Control District through the District's Cooperative Watershed Management grant program. 2.6 To serve as the salmon recovery "Lead Entity" as designated by state law (Chapter 77.85 RCW) for WRIA 8, The Lead Entity is responsible for developing a salmon recovery strategy, working with project sponsors to develop projects, convening local technical and citizen committees to annually recommend WRIA 8 salmon habitat restoration and protection projects for funding by the State of Washington Salmon Recovery Funding Board, and representing WRIA 8 in Puget Sound region and state wide salmon recovery forums. 2.7 To provide a framework for cooperation and coordination among the parties on issues relating to the implementation and management of the implementation of the WRIA 8 Plan and to meet the requirement or a commitment by any party to participate in WRIA- based or watershed basin planning in response to any state or federal law which may require such participation as a condition of any funding, permitting or other program of state or federal agencies, at the discretion of such party to this Agreement. 4 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 2.8 To .develop and articulate WRIA-based positions on salmon habitat, conservation and funding to state and federal legislators. 2.9 To provide for the ongoing participation of citizens and other stakeholders in such efforts and to ensure continued public outreach efforts to educate and garner support for current and future ESA efforts. 2.10 To provide information for parties to use to inform land use planning, regulations, and outreach and education programs. 2.11 To provide a mechanism for on-going monitoring and adaptive management of the WRIA 8 Plan as defined in the Plan. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any individual jurisdiction or water quality policy bodies such as the Regional Water Quality Committee. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective on January 1, 2016 provided it has been signed by that date by at least nine (9) of the eligible jurisdictions within WRIA 8 representing at least seventy percent (70%) of the affected population, as authorized by each jurisdiction's legislative body, and further provided that after such signatures this Agreement has been filed by King County and Snohomish County in accordance with the terms of RCW 39.34.040 and .200. If such requirements are not met by January 1, 2016, then the effective date of this Agreement shall be the date on which such requirements are met. This Agreement provides the mechanism and governance structure for implementation of the WRIA 8 Plan from January 1, 2016 through December 31, 2025. Once effective, this Agreement shall remain in effect through December 31, 2025, provided, however, that this Agreement may be extended for such additional terms as the parties may agree to in writing, with such extension being effective upon its execution by at least nine (9) of the eligible jurisdictions within WRIA 8 representing at least seventy per cent (70%) of the affected population,. 4. ORGANIZATION AND NATURE OF WRIA 8 SALMON RECOVERY COUNCIL. The parties hereby establish a governing body for WRIA 8 and the Lake Washington-Cedar and Sammamish watershed basins and associated Puget Sound drainages (hereinafter the "WRIA 8 Salmon Recovery Council') the precise boundaries of which are established in Chapter 173-500 WAC, or as determined by the WRIA 8 Salmon Recovery Council, to serve as the formal governance structure for carrying out the purposes of this Agreement in partnership with non-party members. Each party to this agreement shall appoint one (1) elected official to serve as its representative on the WRIA 8 Salmon Recovery Council. The WRIA 8 Salmon Recovery Council is a voluntary association of the county and city governments, and other interested public agencies and tribes, located wholly or partially within the management area of WRIA 8 and the Lake Washington/Cedar/Sammamish watershed basins and associated Puget Sound drainages who 5 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 choose to be parties to this Agreement. Representatives from stakeholder entities who are selected under the voting provisions of Section 5.2 of this agreement are also part of this association. 4.1 Upon the effective execution of this agreement and the appointment of representatives to the WRIA 8 Salmon Recovery Council, the party members of the WRIA 8 Salmon Recovery Council shall meet and choose from among its members, according to the voting provisions of Section 5, five (5) elected officials or their designees, to serve as a Management Committee to oversee and direct the funds and personnel contributed under this Agreement, in accordance with the adopted annual budget and such other directions as may be provided by the party members of the WRIA 8 Salmon Recovery Council. Representatives of the Fiscal Agent and Service Provider may serve as non- voting ex off icio members of the Management Committee. The Management Committee shall act as an executive subcommittee of the WRIA 8 Salmon Recovery Council, responsible for oversight and evaluation of any Service Providers or consultants, for administration of the budget, and for providing recommendations on administrative matters to the WRIA 8 Salmon Recovery Council for action, consistent with the other subsections of this section. 4.1.1 Services to the WRIA 8 Salmon Recovery Council for the term of this agreement shall be provided by King County Department of Natural Resources which shall be the primary Service Provider unless the party members pursuant to the voting provisions of Section 5 choose another primary Service Provider. The Management Committee shall prepare a Memorandum of Understanding to be signed by an authorized representative of King County and an authorized representative of WRIA 8, which shall set out the expectations for services to be provided. Services should include, without limitation, identification of and job descriptions for dedicated staff in increments no smaller than .5 FTE, description of any supervisory role retained by the Service Providerover any staff performing services under this Agreement, and a method of regular consultation between the Service Provider and the Management Committee concerning the performance of services hereunder. 4.1.2 The Management Committee shall make recommendations to the party members of the WRIA 8 Salmon Recovery Council for action, including decisions related to work program, staffing and service agreements, and budget and financial operations, annually for each year of this Agreement. All duties of the Management Committee shall be established by the party members of the WRIA 8 Salmon Recovery Council. 6 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 4.2 The party members of the WRIA 8 Salmon Recovery Council shall have the authority and mandate to establish and adopt the following: 4.2.1 By September 1 of each year, establish and approve an annual budget, establishing the level of funding and total resource obligations of the parties which are to be allocated on a proportional basis according to the average of the population, assessed valuation and area attributable to each party to the Agreement, in accordance with the formula set forth in Exhibit A, which formula shall be updated every third year by the WRIA 8 Salmon Recovery Council, as more current data become available, and in accordance with Section 2.2. Individual party cost shares may change more frequently than every three years for parties involved in an annexation that changes the area, population, and assessed value calculation of such party to the extent that the cost shares established by the formula set forth in Exhibit A would be changed by such annexation. For parties that are not county or city governments, the level of funding and resource obligation will be determined in communications with the Management Committee, which will develop a recommendation for review and approval by, the WRIA 8 Salmon Recovery Council. 4.2.2 Review and evaluate annually the duties to be assigned to the Management Committee hereunder and the performance of the Fiscal Agent and Service Provider(s)to this Agreement, and provide for whatever actions it deems appropriate to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of the purposes of this Agreement. In evaluating the performance of any Service Provider(s), at least every three (3) years, the WRIA 8 Salmon Recovery Council may retain an outside consultant to perform a professional assessment of the work and services so provided. Evaluations of the Service Provider(s) shall occur in years 3, 6, and 9 of the Agreement 4.2.3 Oversee and administer the expenditure of budgeted funds and allocate the utilization of resources contributed by each party or obtained from other sources in accordance with an annual prioritized list of implementation and adaptive management activities within the WRIA during each year of this Agreement. 4.3 The WRIA 8 Salmon Recovery Council through the primary Service Provider may contract with similar watershed forum governing bodies or any other entities for any lawful purpose related hereto, including specific functions and tasks which are initiated and led by another party to this Agreement beyond the services provided by the primary Service Provider. The parties may choose to create a separate legal or administrative entity under applicable state law, including without limitation a nonprofit corporation or 7 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 general partnership, to accept private gifts, grants or financial contributions, or for any other lawful purposes. 4.4 The party members of the WRIA 8 Salmon Recovery Council shall adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation. 5. VOTING. The party members on the WRIA 8 Salmon Recovery Council shall make decisions, approve scope of work, budget, priorities and any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 No action or binding decision will be taken by the WRIA 8 Salmon Recovery Council without the presence of a quorum of active party members. A quorum exists if a majority of the party members are present at the WRIA 8 Salmon Recovery Council meeting, provided that positions left vacant on the WRIA 8 Salmon Recovery Council by parties shall not be included in calculating the quorum. In addition, positions will be considered vacant on the third consecutive absence and shall not be included in calculating a quorum until that time in which the party member is present. The voting procedures provided for in 5.1.1 through 5.1.2 are conditioned upon there being a quorum of the active party members present for any action or decision to be effective and binding. 5.1.1 Decisions shall be made using a consensus model as much as possible. Each party agrees to use its best efforts and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the party members at the meeting, or by a majority recommendation agreed upon by the active party members, with a minority report. Any party who does not accept a majority decision may request weighted voting as set forth below. 5.1.2 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the WRIA 8 Salmon Recovery Council, the WRIA 8 Salmon Recovery Council shall take action on a dual-majority basis, as follows: 5.1.2.1 Each party, through its appointed representative, may cast its weighted vote in connection with a proposed WRIA 8 Salmon Recovery Council action. 5.1.2.2 The weighted vote of each party in relation to the weighted votes of each of the other parties shall be determined by the percentage of the annual contribution by each party set in accordance with Subsection 4.2.1 in the year in which the vote is taken. 5.1.2.3 For any action subject to weighted voting to be deemed approved, an affirmative vote must be cast by both a majority of the active party members to this Agreement and by a majority of the weighted votes of the active party members to this Agreement. No action shall be valid 8 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 and binding on the parties to this Agreement until it shall receive majority of votes of both the total number of active party members to the Agreement and of the active members representing a majority of the annual budget contribution for the year in which the vote is taken. A vote of abstention shall be recorded as a "no" vote. 5.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate to appoint to the WRIA 8 Salmon Recovery Council non-party stakeholder representatives and other persons who are appropriate for the implementation and adaptive management of the WRIA 8 Plan. 5.2.1 Nomination of such non-party members may be made by any member of the WRIA 8 Salmon Recovery Council. Appointment to the WRIA 8 Salmon Recovery Council of such non-party members requires either consensus or dual majority of party members as provided in Section 5.1. 5.2.2 The party members on the WRIA 8 Salmon Recovery Council may deem it appropriate to allow non-party members to vote on particular WRIA 8 Salmon Recovery Council decisions. The party members may determine which issues are appropriate for non-party voting by either consensus or majority as provided in Sections 5.1, except in the case where legislation requires non-party member votes. 5.2.3 Decisions of the entire WRIA 8 Salmon Recovery Council, both party and non- party members, shall be made using a consensus model as much as possible. Voting of the entire WRIA 8 Salmon Recovery Council will be determined by consensus or majority as provided in Sections 5.1 and a majority of the non-party members. 6. ADAPTIVE MANAGEMENT OF THE WRIA 8 CHINOOK SALMON CONSERVATION PLAN. The WRIA 8 Plan shall be implemented with an adaptive management approach. Such an approach anticipates updates and amendments to the WRIA 8 Plan. Such amendments to be effective and binding must comply with the following provisions: 6.1 The WRIA 8 Salmon Recovery Council shall act to approve or remand any WRIA 8 Plan amendments prepared and recommended by the committees of the WRIA 8 Salmon Recovery Council within ninety (90) calendar days of receipt of the plan amendments, according to the voting procedures described in Section 5. 6.2 In the event that any amendments are not so approved, they shall be returned to the committees of the WRIA 8 Salmon Recovery Council for further consideration and amendment and thereafter returned to the WRIA 8 Salmon Recovery Council for decision. 9 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 6.3 After approval of the WRIA 8 Plan amendments by the WRIA 8 Salmon Recovery Council, the plan amendments shall be referred to the parties to this Agreement for ratification prior to the submission to any federal or state agency for further action. Ratification means an affirmative action, evidenced by a resolution, motion, or ordinance of the jurisdiction's legislative body, by at least nine (9)jurisdictions within WRIA 8 representing at least seventy per cent (70%) of the total population of WRIA 8. Upon ratification, the WRIA 8 Salmon Recovery Council shall transmit the updated WRIA 8 Plan to any state or federal agency as may be required for further action. 6.4 In the event that any state or federal agency to which the WRIA 8 Plan or amendments thereto are submitted shall remand the WRIA 8 Plan or amendments thereto for further consideration, the WRIA 8 Salmon Recovery Council shall conduct such further consideration and may refer the plan or amendments to the committees of the WRIA 8 Salmon Recovery Council for recommendation on amendments thereto. 6.5 The parties agree that any amendments to the WRIA 8 Plan shall not be forwarded separately by any of them to any state or federal agency unless it has been approved and ratified as provided herein. 7. OBLIGATIONS OF PARTIES; BUDGET; FISCAL AGENT; RULES. 7.1 Each party shall be responsible for meeting its financial obligations hereunder as described in Section 2.2, and established in the annual budget adopted by the WRIA 8 Salmon Recovery Council under this Agreement and described in Section 4.2.1. The maximum funding responsibilities imposed upon the parties during the first year of this Agreement shall not exceed the amounts set forth in Exhibit A, which shall be updated every third year as described in Section 4.2.1, or as annexations result in changes to the area, population, and assessed value calculation for those parties involved in the annexation to the extent that the cost shares established by the formula set forth in Exhibit A would be changed for such parties by the annexation 7.2 No later than September 1 of each year of this Agreement, the WRIA 8 Salmon Recovery Council shall adopt a budget, including its overhead and administrative costs, for the following calendar year. The budget shall propose the level of funding and other responsibilities (e.g. staffing) of the individual parties for the following calendar year and shall propose the levels of funding and resources to be allocated to specific prioritized implementation and adaptive management activities within the WRIA. The parties shall thereafter take whatever separate legislative or other actions that may be necessary to timely address such individual responsibilities under the proposed budget, and shall have done so no later than December 1st of each such year. 10 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 7.3 Funds collected from the parties or other sources on behalf of the WRIA 8 Salmon Recovery Council shall be maintained in a special fund by King County as Fiscal Agent and as ex officio treasurer on behalf of the WRIA 8 Salmon Recovery Council pursuant to rules and procedures established and agreed to by the WRIA 8 Salmon Recovery Council. Such rules and procedures shall set out billing practices and collection procedures and any other procedures as may be necessary to provide for its efficient administration and operation. Any party to this Agreement may inspect and review all records maintained in connection with such fund at any reasonable time. 8. LATECOMERS. A county or city government, or other interested public agency or tribe in King or Snohomish County lying wholly or partially within the management area of WRIA 8 and the Lake Washington-Cedar and Sammamish watershed basins and adjacent Puget Sound drainages which has not become a party to this Agreement within twelve (12) months of the effective date of this Agreement may become a party only with the written consent of all the parties. The provisions of Section 5 otherwise governing decisions of the WRIA 8 Salmon Recovery Council shall not apply to Section 8. The parties and the county, city, or other public agency or tribe seeking to become a party shall jointly determine the terms and conditions under which the county, city, or other public agency or tribe may become a party. These terms and conditions shall include payment by such county, city, or other public agency or tribe to the Fiscal Agent of the amount determined jointly by the parties and the county, city, or other public agency or tribe to represent such county, city, or other public agency or tribe's fair and proportionate share of all costs associated with activities undertaken by the WRIA 8 Salmon Recovery Council and the parties on its behalf as of the date the county, city, or other public agency or tribe becomes a party. Any county, city, or other public agency or tribe that becomes a party pursuant to this section shall thereby assume the general rights and responsibilities of all other parties to this Agreement. After the inclusion of such entity as a party to this Agreement, the formula for party contribution shall be adjusted for the following year to reflect the addition of this new party.9. TERMINATION. This Agreement may be terminated by any party, as to that party only, upon sixty (60) calendar days' written notice to all other parties. The terminating party shall remain fully responsible for meeting all of its funding and other obligations through the end of the calendar year in which such notice is given, together with any other costs that may have been incurred on behalf of such terminating party up to the effective date of such termination. This Agreement may be terminated at any time by the written agreement of all parties. It is possible that the makeup of the parties to this Agreement may change from time to time. Regardless of any such changes, the parties choosing not to exercise the right of termination shall each remain obligated to meet their respective share of the obligations of the WRIA 8 Salmon Recovery Council as reflected in the annual budget. 11 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 10. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the limited purposes set forth in this agreement, each party shall protect, defend, hold harmless and indemnify the other parties, their officers, elected officials, agents and employees, while acting within the scope of their employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such party's own negligent acts or omissions related to such party's participation and obligations under this Agreement. Each party agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other parties only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this subsection shall survive and continue to be applicable to parties exercising the right of termination pursuant to Section 9. 11. NO ASSUMPTION OF LIABILITY. In no event do the parties to this Agreement intend to assume any responsibility, risk or liability of any other party to this Agreement or otherwise with regard to any party's duties, responsibilities or liabilities under the Endangered Species Act, or any other act, statute or regulation of any local municipality or government, the State of Washington or the United States. 12. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed that, in entering into this Agreement, no party is committing to adopt or implement any actions or recommendations that may be contained in the WRIA 8 Plan pursuant to this Agreement. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the parties to this Agreement from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any party to this Agreement which is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation the non-party members, NMFS, USFWS, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the WRIA 8 Salmon Recovery Council or any of the parties, or their officers, elected officials, agents and employees, to any third party. 15. AMENDMENTS.This Agreement may be amended, altered or clarified only by the unanimous consent of the parties to this Agreement, represented by affirmative action by their legislative bodies. 16. COUNTERPARTS. This Agreement may be executed in counterparts. 12 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 17. APPROVAL BY PARTIES' GOVERNING BODIES. The governing body of each party must approve this Agreement before any representative of such party may sign this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be filed by King County and Snohomish County in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates indicated below: Approved as to form: TOWN OF BEAUX ARTS VILLAGE: By: By: Title: Title: Date: Date: 13 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF BELLEVUE: By: By: Title: Title: Date: Date: 14 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF BOTHELL: By: By: Title: Title: Date: Date: 15 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF CLYDE HILL: By: By: Title: Title: Date: Date: 16 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF EDMONDS: By: By: Title: Title: Date: Date: 17 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: TOWN OF HUNTS POINT: By: By: Title: Title: Date: Date: 18 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF ISSAQUAH: By: By: Title: Title: Date: Date: 19 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF KENMORE: By: By: Title: Title: Date: Date: 20 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF KENT: By: By: Title: Title: Date: Date: 21 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: KING COUNTY: By: By: Title: Title: Date: Date: 22 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF KIRKLAND: By: By: Title: Title: Date: Date: 23 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF LAKE FOREST PARK: By: By: Title: Title: Date: Date: 24 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MAPLE VALLEY: By: By: Title: Title: Date: Date: 25 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MEDINA: By: By: Title: Title: Date: Date: 26 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MERCER ISLAND: By: By: Title: Title: Date: Date: 27 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MILL CREEK: By: By: Title: Title: Date: Date: 28 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MOUNTLAKE TERRACE: By: By: Title: Title: Date: Date: 29 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF MUKILTEO: By: By: Title: Title: Date: Date: 30 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF NEWCASTLE: By: By: Title: Title: Date: Date: 31 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF REDMOND: By: By: Title: Title: Date: Date: 32 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF RENTON: By: By: Title: Title: Date: Date: 33 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF SAMMAMISH: By: By: Title: Title: Date: Date: 34 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF SEATTLE: By: By: Title: Title: Date: Date: 35 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF SHORELINE: By: By: Title: Title: Date: Date: 36 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: SNOHOMISH COUNTY: By: By: Title: Title: Date: Date: 37 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: CITY OF WOODINVILLE: By: By: Title: Title: Date: Date: 38 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: TOWN OF WOODWAY: By: By: Title: Title: Date: Date: 39 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 Approved as to form: TOWN OF YARROW POINT: By: By: Title: Title: Date: Date: 40 Final WRIA 8lnterlocal Agreement 2016-2025 July 16, 2015 o Q m o a O C O -O O > N y N O C E C O > N d C W m m m J O' Jm = 5 E m o•yy o-a iU JY 3a EE `OOpp A w G m m m° O w = - Y Y 4 4 22 2 S 2 2 z m m rn m w u) > 12 M V M V O O O N (D N V m OM N T O (D N I� N V r N TOM N O N M O' 0 Q N fA fA T N fA fA fA fA fA fA fA N V N fA N N Cl) N Q O LO Q M w a A M o ` .. c � ,� o0000000000000000000000000000 O O U Oi U'Q) N O O y O M M N O (D O r M (D V V (D V (D M r N N N O V m 0 N00 i O z N C o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o LLi � O O L � T O T m V M (D T M M T Q co y 'U U 00 � M�fA fA fA fA fA ��fA fA fA fA fA fA fA�fA fA T�fA N�fA N �� QQ LO N fA Q� P o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M W O O O M T N N O M N O N N T N N (D M V V N T N V r N M N O - Cl O T N O N O N O T N O O O O M V M O M 0 0 0 0 L Q M O o ° o N Q p � 00000in000inoov0000000 Moromooinm `m � m vminm r UOMmino NOUovvv mUomrUomo � Uo o- � IL O M� N O N T N T N N M N N O O O N T N N M T O M - �/� .� cO M V M M N N N N N N N N V V N N V O YI ^` C y N 1 N WX LL �I CO U_ w V! W i U J m i c x w = V ° v a OM T .� M N N U 0 U) o f 0 p o Y.1 a• T a = ~ LVI N E U U V T U J 0 Q OQ) co r Jo` > m C Lc d ` a teOYF O N � m � E O 6•6 E � U m T 0 = O ENO 00bi N N O N N C QiO OEo Q O mmm07w YN22 222f22Z U) U) nn 2nC 0w �! C7 This page intentionally left blank. KE'* [ a Agenda Item: Consent Calendar — 7C TO: City Council DATE: August 18, 2015 SUBJECT: Grant Acceptance for 2015-2017 Commute Trip Reduction Program — Approve MOTION: Authorize the Mayor to sign the Federal/State Transportation Demand Management Implementation Agreement with the Washington State Department of Transportation, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City has been offered a grant of $106,007 in order to implement commute trip reduction ("CTR") during the state's 2015-2017 budget biennium. This grant allows the City to continue to assist 32 businesses in Kent that are required by state law, due to the number of their employees, to participate in commute trip reduction. The City also provides assistance to additional businesses that volunteer to participate in commute trip reduction. The City provides training and information, helps develop innovative commute trip reduction strategies, and assists the businesses in completing their required reports and surveys. EXHIBITS: Federal/State Transportation Demand Management Implementation Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: The grant is used to pay for the CTR Coordinator position, ancillary costs, and promotional materials This page intentionally left blank. Federal/State Transportation Demand Management Implementation Agreement Washington State Department of Contractor Transportation City of Kent 310 Maple Park Avenue SE 220 4th Ave S PO Box 47387 Kent, WA 98032 Olympia, WA 98504-7387 Federal ID #: 91-6001254 Contact Person:KathyJohnston 360-705-7845 Contact Person: KathyHard 253-856-5583 Project Costs: Scope of Project: Carry out the State Funds $106,007 Project as described in Exhibit 1, Project Contractor Funds $0 Scope of Work Total Project Cost $106,007 Agreement Number: GCB2161 Term of Project: Service Area: Kent July 1, 2015 through June 30, 2017 This AGREEMENT is entered into by the Washington State Department of Transportation, hereinafter referred to as "WSDOT" and the Contractor identified above, hereinafter referred to as "CONTRACTOR", and/or individually referred to as the "PARTY" and collectively referred to as the "PARTIES." WHEREAS, RCW 70.94.521 through RCW 70.94.555 establishes the state's leadership role, and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through commute trip reduction programs, including transportation demand management programs for growth and transportation efficiency centers ("GTEC") in Washington State; and WHEREAS, RCW 47.06.050 requires that when planning capacity and operational improvements, the State's first priority is to assess strategies to enhance the operational efficiency of the existing system, and states that strategies to enhance the operational efficiencies include, but are not limited to, access management, transportation system management, and demand management("Strategies"); and WHEREAS, RCW 47.01.078 directs the State to develop strategies to reduce the per capita vehicle miles traveled, to consider efficiency tools including commute trip reduction and other demand management tools, and to promote the integration of multimodal planning in support of the transportation system policy goals described in RCW 47.04.280; and WHEREAS, the Legislature has directed the State to increase the integration of public transportation and the highway system, to facilitate coordination of transit services and planning, and to maximize opportunities to use public transportation to improve the efficiency of transportation corridors (RCW 47.01.330); and WHEREAS, RCW 47.80.010 encourages the State and local jurisdictions to identify opportunities for cooperation to achieve statewide and local transportation goals; and WHEREAS, the State of Washington in its Sessions Laws of 2015, Chapterl0, Section 220 (6) and (7), authorizes funding for Public Transportation and Commute Trip Reduction programs and other special proviso funding through the multi-modal transportation account as identified in the budget through its 2015-2017 biennial appropriations to WSDOT; and GCB2161 Page 1 of 16 WHEREAS the WSDOT Public Transportation Division is responsible for administering funds on behalf of the Washington State Legislature; NOW, THEREFORE, in consideration of terms, conditions, performances and mutual covenants herein set forth and the attached Exhibit 1, "Project Scope of Work," and Exhibit 2, "Project Progress Reports," which are both incorporated and made a part of this AGREEMENT, IT IS MUTUALLY AGREED AS FOLLOWS: Section 1 Purpose of Agreement The purpose of this AGREEMENT is for WSDOT to provide funding to the CONTRACTOR to be used solely for activities undertaken to fulfill the requirements of RCW 70.94.521 through RCW 70.94.555, hereinafter known as the "Project." Section 2 Scope of Work The CONTRACTOR agrees to perform all designated tasks of the Project under this AGREEMENT as described in Exhibit 1, "Project Scope of Work," which by this reference is incorporated into this AGREEMENT as if fully set forth herein. Section 3 Term of Project The CONTRACTOR shall commence, perform and complete the Project within the time defined in the caption space header above titled "Term of Project" of this AGREEMENT regardless of the date of execution of this AGREEMENT, unless terminated as provided herein. The caption space header above entitled' "Term of Project" and all caption space headers above are by this reference incorporated into this AGREEMENT as if fully set forth herein. Section 4 Project Costs The total reimbursable cost to accomplish the Project Scope of Work shall not exceed the "State Funds" detailed in the caption space header above titled "Project Costs." The CONTRACTOR agrees to expend eligible "State Funds"together with any "Contractor Funds" identified above in the caption space header "Project Costs," in an amount sufficient to complete the Project as detailed in Exhibit 1, "Project Scope of Work." If at any time the CONTRACTOR becomes aware that the cost which it expects to incur in the performance of this AGREEMENT will differ from the amount indicated in the caption space titled "Project Costs" above, the CONTRACTOR shall notify WSDOT in writing within three (3) business days of making that determination. Section 5 Reimbursement and Payment A. Payment will be made with State Funds by WSDOT on a reimbursable basis for actual costs and expenditures incurred, while performing eligible direct and related indirect Project work during the Project period. Payment is subject to the submission to and approval by WSDOT of properly prepared invoices that substantiate the costs and expenses submitted by CONTRACTOR for reimbursement. Failure to send in progress reports and financial information as required in Section 7 — Progress Reports may delay payment. The CONTRACTOR must submit an invoice using either State of Washington Form A-19 (Invoice Voucher), a copy of which is attached hereto as Exhibit 3 and by this reference incorporated into this AGREEMENT or a format approved by WSDOT. Such invoices may be submitted no more than once per month and no less than once per year, during the course of this AGREEMENT. If GCB2161 Page 2 of 16 approved by WSDOT, said invoices shall be paid by WSDOT within thirty (30) days of receipt of the invoice. B. The CONTRACTOR shall submit an invoice by July 15, 2016, for any unreimbursed eligible expenditures incurred between July 1, 2015, and June 30, 2016. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the proper fiscal period. Any subsequent reimbursement request submitted will be limited to the amount accrued as set forth in this section. The CONTRACTOR shall submit a final invoice to WSDOT no later than July 15, 2017. Any invoice received after July 15, 2017 will not be eligible for reimbursement. Section 6 Project Records The CONTRACTOR agrees to establish and maintain for the Project, either a separate set of accounts or, accounts within the framework of an established accounting system in order to sufficiently and properly reflect all eligible direct and related indirect Project costs incurred in the performance of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account." All costs claimed against the Project Account must be supported by properly executed payrolls, time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature and propriety of the costs claimed. Section 7 Progress Reports The CONTRACTOR shall submit quarterly progress reports to WSDOT so that WSDOT may adequately and accurately assess the progress made under the terms of this AGREEMENT. The progress reports shall be prepared as prescribed by WSDOT on the forms provided in Exhibit 2, "Project Progress Report" and/or as provided and modified by WSDOT staff. The CONTRACTOR shall provide a final progress report, as prescribed in Exhibit 4, "Final Project Progress Report" and/or as provided by WSDOT staff, with any changes to the form applied according to the agreement modification process in Section 9. Progress reports shall be submitted to WSDOT no later than forty-five (45) days from the end of each calendar quarter. Section 8 Audits, Inspections, and Retention of Records WSDOT auditor, federal auditor, state auditor, city auditor and any of their representatives shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of a party's records with respect to all matters covered by this AGREEMENT. Such auditors and representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this AGREEMENT. In order to facilitate any audits and inspections, all documents, papers, accounting records, and other materials pertaining to the Project shall be retained by the PARTIES for six years from the date of completion of the Project or the Project final payment date. However, in case of an audit and/or litigation or a claim, the CONTRACTOR must retain all records until the audit and/or litigation or claim is completed and fully resolved. GCB2161 Page 3 of 16 Section 9 Agreement Modifications A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope of Project. Such changes that are mutually agreed upon shall be incorporated as written amendments to this AGREEMENT. No variation or alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto. B. If an increase in funding by the funding source augments the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT, providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such increase in funding. C. If a reduction of funding by the funding source reduces the CONTRACTOR's allocation of funding under this AGREEMENT, the CONTRACTOR and WSDOT agree to enter into an amendment to this AGREEMENT providing for an appropriate change in the Scope of Project and/or the Project Cost in order to reflect any such reduction of funding. Section 10 Recapture Provision In the event that the CONTRACTOR fails to expend State Funds in accordance with state law and/or the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to exceed three (3) years following termination or expiration of this AGREEMENT. The CONTRACTOR agrees to repay such State Funds under this recapture provision within thirty(30) days of demand. Section 11 Limitation of Liability A. The CONTRACTOR shall indemnify and hold harmless WSDOT, its agents, employees, and officers and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to collectively as "claims"), of whatsoever kind or nature brought against WSDOT arising out of, in connection with or incident to this AGREEMENT and/or the CONTRACTOR's performance or failure to perform any aspect of this AGREEMENT. This indemnity provision applies to all claims against WSDOT, its agents, employees and officers arising out of, in connection with or incident to the acts or omissions of the CONTRACTOR, its agents, employees and officers. Provided, however, that nothing herein shall require the CONTRACTOR to indemnify and hold harmless or defend WSDOT, its agents, employees or officers to the extent that claims are caused by the acts or omissions of WSDOT, its agents, employees or officers. The indemnification and hold harmless provision shall survive termination of this AGREEMENT. B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in any manner be deemed to be the employees of WSDOT. C. The CONTRACTOR specifically assumes potential liability for actions brought by CONTRACTOR's employees and/or subcontractors and solely for the purposes of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the State Industrial Insurance Law, Title 51 Revised Code of Washington. D. hi the event either the CONTRACTOR or WSDOT incurs attorney's fees, costs or other legal expenses to enforce the provisions of this section of this AGREEMENT against the GCB2161 Page 4 of 16 other PARTY, all such fees, costs and expenses shall be recoverable by the prevailing PARTY. Section 12 Disputes A. If the PARTIES cannot resolve by mutual agreement, a dispute arising from the performance of this AGREEMENT the CONTRACTOR may submit a written detailed description of the dispute to the WSDOT Public Transportation Division's Statewide Transportation Demand Management Programs Manager or the WSDOT Public Transportation Statewide Transportation Demand Management Programs Manager's designee who will issue a written decision within ten calendar (10) days of receipt of the written description of the dispute. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the WSDOT Public Transportation Division or the Director's designee. In connection with any such appeal the CONTRACTOR shall be afforded an opportunity to offer material in support of its position. The CONTRACTOR's appeal shall be decided in writing within thirty (30) days of receipt of the appeal by the Director of the WSDOT Public Transportation Division or the Director's designee. The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT, the CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person, property, or right because of any act or omission of the other PARTY or any of that PARTY's employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to such other PARTY within thirty(30) days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties, obligations, rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. E. Venue. hi the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 13 Termination Either party, at its sole discretion, may terminate this Agreement in whole; or from time to time in part, whenever: 1. The other PARTY has breached the contract, and after fourteen (14) days written notice, has failed to correct the breach; or 2. The requisite state, local, or federal funding is reduced or becomes unavailable through failure of appropriation or otherwise; or GCB2161 Page 5 of 16 3. The continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds; or 4. A request to terminate in whole or in part has been made in writing by the other PARTY. If this Agreement is terminated prior to fulfillment of the terms stated herein, the CONTRACTOR shall be reimbursed only for actual and eligible grant expenses incurred on the Project prior to the date of termination and as set forth in Section 5, Project Reimbursement and Payment, and shall not exceed the Total Project Amount as set forth in the caption header entitled "Project Amount". Section 14 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying A. 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 funds pursuant to a 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. B. 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 contract, a 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. C. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-grants, and contracts and subcontracts under grants, sub-grants, loans, and cooperative agreements) which exceed $100,000, and that all such sub-recipients 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. Section 15 Compliance with Laws and Regulations Each PARTY agrees to abide by all applicable state, local, and federal laws and regulations, including but not limited to those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence Agreement compliance, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. GCB2161 Page 6 of 16 Section 16 Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The CONTRACTOR shall not discriminate on the base 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 CONTRACTOR 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 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 CONTRACTOR of its failure to carry out its approved program, WSDOT may impose sanctions as provided for under Part 26 and may in appropriate cases refer the matters 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 CONTRACTOR 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 work. Section 17 Suspension and Debarment The CONTRACTOR agrees to comply, and assures the compliance of each sub-recipient, lessee, third-party contractor, or other participant at any tier of the project, with the requirements of Executive Orders Numbers 12549 and 12689, "Debarment and Suspension, "31 USC § 6101 note, and U.S. DOT regulations, "Non-procurement Suspension and Debarment" 2 CFR Part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government-wide Debarment and Suspension (Non- procurement)," 2 CFR Part 180. The CONTRACTOR agrees to, and assures that its sub- recipients, lessees, third-party contractors, and other participants at any tier of the Project will, search the Excluded Parties Listing System records at www.sam.gov before entering into any sub-agreement, lease, third-party contract, or other arrangement in connection with the Project, and will include a similar term or condition in each of its lower-tier covered transactions. Section 18 Forbearance by WSDOT Not a Waiver Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. Section 19 Waiver In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be construed as a waiver by WSDOT of any CONTRACTOR breach, or default, and shall in no way impair or prejudice any right or remedy available to WSDOT with respect to any breach or default. In no event shall acceptance of any WSDOT payment of grant funds by the CONTRACTOR constitute or be construed as a waiver by CONTRACTOR of any WSDOT breach, or default which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with respect to any breach or default. GCB2161 Page 7 of 16 Section 20 WSDOT Advice The CONTRACTOR bears complete responsibility for the administration and success of the work as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the CONTRACTOR's rights and obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered to the CONTRACTOR. Section 21 Governing Law, Venue, and Process This AGREEMENT shall be construed and enforced in accordance with, and the validity and performance thereof shall be governed by the laws of the State of Washington. In the event that either PARTY deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be initiated in the Superior Court of the State of Washington situated in Thurston County. Section 22 Severability If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall not affect the validity or obligation of performance of any other covenant or provision, or part thereof, that in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or provision shall delay the performance of any other covenant or provision except as herein allowed. Section 23 Counterparts This AGREEMENT may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONTRACTOR does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements and their supporting materials contained and/or mentioned in such executed counterpart, and does hereby accept State Funds and agrees to all of the terms and conditions thereof. Section 24 Execution This AGREEMENT is executed by the Director of the Public Transportation Division, State of Washington, Department of Transportation, or the Director's designee, not as an individual incurring personal obligation and liability, but solely by, for, and on behalf of the State of Washington, Department of Transportation, in his/her capacity as Director of the Public Transportation Division. Section 25 Binding Agreement The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind their respective agency(ies) and/or entitity(ies)to the obligations set forth herein. IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year last signed below. GCB2161 Page 8 of 16 WASHINGTON STATE CONTRACTOR DEPARTMENT OF TRANSPORTATION By: By: Brian Lagerberg Director, Public Transportation Print Name: Title: Who certifies proper authority to execute this AGREEMENT on behalf of the CONTRACTOR Date: Date: Approved as to form: By: Susan Cruise Assistant Attorney General Date: July 1, 2015 GCB2161 Page 9 of 16 EXHIBIT 1 Project Scope of Work Commute Trip Reduction (CTR) 1. Scope of Work A. Administrative Work Plan The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is sooner. The administrative work plan will include the following elements: 1. The work plan shall identify the deliverables, schedule, expected outcomes, performance measures and the budget specific to strategies associated with this AGREEMENT and other strategies as defined in the approved and locally adopted CTR or GTEC plans. These plans may include, but are not limited to, recruiting new employer worksites, reviewing employer programs, administering surveys, reviewing program exemption requests, providing employer training, providing incentives, performing promotion and marketing, and providing emergency ride home and other commuter services. 2. The administrative work plan budget shall identify how the CONTRACTOR will use the state funds provided in this AGREEMENT for each task. The work plan shall also provide an estimate of the other financial resources not provided in this AGREEMENT that will be used to complete each task. 3. The administrative work plan must be approved in writing by the WSDOT Project Manager, and shall be incorporated as a written amendment to the AGREEMENT. The administrative work plan may be amended based on mutual written agreement between the WSDOT Project Manager and the CONTRACTOR and shall be incorporated as a written amendment to this AGREEMENT. B. Work to be Performed The county or city, whichever applies, has enacted or will enact a Commute Trip Reduction (CTR) ordinance in compliance with RCW 70.94.521 through RCW 70.94.555. The CONTRACTOR agrees to implement a CTR program based on the approved administrative work plan and the draft or adopted local CTR plan and to comply with all provisions of the applicable county or city ordinance. C. Use of State Funds for Incentives The CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in accordance with incentives guidance to be provided by WSDOT. D. Quarterly Progress Reports and Invoices The CONTRACTOR agrees to submit to WSDOT complete quarterly progress reports, as specified by WSDOT in Section 7—Progress Reports of the AGREEMENT, in Exhibit 2, "Project Progress Report", and as integrated with the deliverables identified in the administrative work plan, along with all invoices in accordance with Section 5 — Reimbursement and Payment of the AGREEMENT. All invoices shall be complete and GCB2161 Page 10 of 16 accurately reflect actual State funded expenditures. Only those activities identified in the CONTRACTOR'S approved administrative work plan will be reimbursed by WSDOT. E. Final Progress Report The CONTRACTOR agrees to submit to WSDOT a final progress report, a template of which is attached hereto as Exhibit 4, "Final Project Progress Report,"to replace the last quarterly progress report in the period of the AGREEMENT. The final progress report shall provide an estimate of the other financial resources not provided in this AGREEMENT that were used to complete each task and shall provide a list of the funds provided in this AGREEMENT that were disbursed by the CONTRACTOR to its eligible contracting partner(s). F. Funding Distribution The CONTRACTOR may distribute funds to local jurisdictions to include counties, cities, transit agencies, Transportation Management Associations, and Metropolitan Planning Organizations or other eligible organizations authorized to enter into agreements for the purposes of implementing CTR and/or GTEC, plans as applicable, and ordinances as authorized by RCW 70.94.527(5) and RCW 70.94.544. G. Implementation Plans The CONTRACTOR shall incorporate appropriate sections of the Project Scope of Work and incentives guidance, as well as the approved administrative work plan, in all agreements with eligible contracting partner(s), as necessary, to coordinate the development, implementation, and administration of such CTR and/or GTEC plans, and compliance with applicable ordinances. H. Appeals and Modifications The CONTRACTOR shall maintain an appeals process consistent with the Administrative Procedures section contained in the CTR Guidelines which may be obtained from WSDOT or found at http://www.wsdot.wa.aov/Transit/CTR/law.htm. I. Coordination with Regional Transportation Planning Organizations (RTPO) The CONTRACTOR shall coordinate the development and implementation of its CTR and/or GTEC plan and programs with the applicable regional transportation planning organization (RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans and programs that could impact the success of the regional CTR plan. The CONTRACTOR agrees to provide information about the progress of its CTR and/or GTEC plan and programs to the RTPO upon request. J. Survey Coordination The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for commute trip reduction employer surveys. K. Planning Data The CONTRACTOR agrees to provide WSDOT with the program goals established for newly affected worksites when they are established by the local jurisdiction. The CONTRACTOR agrees to provide WSDOT with updated program goals for affected worksites and jurisdictions as requested. These updates shall be submitted electronically in a format specified by WSDOT. GCB2161 Page 11 of 16 L. Database Updates The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR's contracting partners with updated lists of affected or participating worksites, employee transportation coordinators, and jurisdiction contacts, as requested. These updates will be submitted in a format specified by W SDOT. GCB2161 Page 12 of 16 EXHIBIT 2 Project Progress Report Commute Trip Reduction (CTR) Quarterly Project Report Reporting quarter: Date: Organization: Agreement number: Biennial Estimate of drive-alone trips to reduce to meet goal: targets Key deliverables: (from administrative work plan) Completed activities this quarter Planned activities for next quarter Describe issues, risks or challenges and resolutions Estimated expenditures of state funds for this quarter GCB2161 Page 13 of 16 Exhibit 3 MINORITY BUSINESSES MARK BOX(ES) IF APPROPRIATE PU M Washill�ytUdl State Department ofTranspartal Invoice Voucher W 0 % E VENDOR OR CLAIMANT(WARRANT TO BE PAYABLE TO) VENDORS CERTIFICATE.I hereby certify under penalty of perjury that the items and total listed herein are proper charges for mate pals,merchandise or services furnished to agency the State of Washington,and that all goods furnished and/or services rendered have been provided without discrimination on the grounds of race,creed,color national origin, address sex or age city, state ZIP BY(SIGNATURES IN INK) contact name Phone# email FEDERAL ID.NUMBER OR SOCIAL SECURYTY NUMBER TITLE DATE (FOR REPORTINGPERSONAL SVCS.CONTRACT PAYMENT TO IRS) DD-DDDDDDD INSTRUCTIONS TO VENDOR OR CLAIMANT: Show complete detail for each item below. DATE CURRENT EXPENDITURES DESCRIPTION EXPENDITURES TO DATE TDM Implementation/Administration and Employer Support Guaranteed Ride Home Employer Trainings/Networking AGREEMEN INVOICE T DESCRIPTION BILLING PERIOD XXXX Transportation Demand Management Implementation (TDM) ACCOUNTING CLASSIFICATION ACCOUNT CONTROL SECTION FEDERAL JOB NUMBER WORKOP OJB SUB ORG.NUMBER EQUIPMENT NUMBER NON-PARTICIPATING NET AMOUNT OBJ ORDER NUMBER 1P0000-00 0723 NZ13 631020 TOTAL SIGNATURE OF APPROVING AUTHORITY DATE RECEIVING VERIFICATION DATE RECEIVED (SIGNATURE) CHECKED AND APPROVED FOR PROCESSING BY DATE WARRANT NUMBER VOUCHER NUMBER GCB2161 Page 14 of 16 EXHIBIT 4 Final Project Progress Report Commute Trip Reduction (CTR) Final Project Report Biennium: 2015-2017 1 Date: Organization: I IAgreement number: I GCB Biennial Estimate of drive-alone trips to reduce to meet goal: targets Deliverables: (from administrative workplan) Describe your progress on each of your deliverables this biennium. Did you meet your targets for this biennium?Why or why not? What were your major successes this biennium? How did they help you make progress toward the goals in yourjurisdiction's CTR Ian s ? What were your major challenges this biennium? How did they hinder your progress toward the goals in yourjurisdiction's CTR Ian s ? How do you measure the performance of your strategies? What did you learn this biennium? What would help you be more successful in the future? Please be specific (If it's more resources, how much and what would they be for, etc.). For each of the strategies in your administrative work plan, describe your expected outcomes, whether you met those outcomes, and why or why not. Strategy Expected Performance Outcomes Why or why not? outcomes measures met? GCB2161 Page 15 of 16 If your organization used other financial resources besides state CTR funds to implement the activities in your administrative work plan for this agreement, please provide the information below. Source of local funds Estimated funds spent How the funds were this agreement used Total local funds: If your organization disbursed any state CTR funds to other organizations to implement the activities in your administrative work plan for this agreement, please list the total amount disbursed for the biennium below. Organization Total disbursed this Purpose of disbursal agreement Total disbursement: GCB2161 Page 16 of 16 r► EN* ,�� Agenda Item: Consent Calendar — 7D rr..i w,n ra rrsk �HN1- TO: City Council DATE: August 18, 2015 SUBJECT: Contract Amendment to Extend 913 Bus Service for Five Additional Years — Authorize MOTION: Authorize the Mayor to sign Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement with King County Metro, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: In 2006, King County voters passed the Transit Now Initiative, which allows cities to enter into partnership with King County to initiate new transit service. Sharing the cost allows needed bus service to come online sooner than would be possible without the partnership. In 2008, the City entered into an agreement with King County Metro to provide new bus service in the City of Kent. The City agreed to pay one third of the operating costs of the new Route 913 and King County agreed to pay two thirds of the operating costs. In 2011, Routes 913 and 918 were combined in order to reduce operating costs while preserving service. The current agreement expires in September 2015 and pursuant to the terms of the agreement, the City and King County can extend it for five years. King County Metro anticipates that the City's share of the costs will be reduced by seven percent beginning in September 2015, from $132,900 per year to $123,597 per year. EXHIBITS: Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph NAY: BUDGET IMPACT: The City's costs are already included in the 2015-2016 biennial budget. This page intentionally left blank. AMENDMENT No. 1 to the TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT between KING COUNTY and THE CITY OF KENT, WASHINGTON This Amendment No. 1 to the Transit Service Direct Financial Partnership Agreement ("Amendment No. 1" or the "First Amendment") is made by and between King County, a home rule charter county of the State of Washington, by and through its Department of Transportation, Metro Transit Division (hereinafter the "County" or "Metro Transit") and the City of Kent, a Washington municipal corporation ("Service Partner,"whether one entity or multiple entities), both of which entities may be referred to hereinafter individually as "Party" or collectively as the "Parties." WHEREAS, on December 4, 2008 the Parties entered into a Transit Service Direct Financial Partnership Agreement(the "Agreement"); and WHEREAS, Section 4.1 of the Agreement provides that the Agreement will expire six years after the start of the service, unless extended pursuant to the terms of the Agreement; and WHEREAS, Section 4.1 of the Agreement further provides that if, after six years the enhanced transit service is deemed viable by the County pursuant to the performance indicators set forth in Section 2.2 of the Agreement and the additional performance benchmarks specified in Attachment A of the Agreement, and the Service Partner desires to have Metro continue to provide the enhanced transit service beyond the initial period,the Agreement may be extended by the Transit General Manager for an additional five years without additional approval of the King County Council; and WHEREAS, the transit service enhancements provided for in the Agreement were implemented on or about September 19, 2009; and WHEREAS, the Parties now desire to extend the Agreement for an additional five-year period; and WHEREAS, Section 7 of the Agreement provides that the Agreement may be amended or modified by written agreement of the Parties, and further provides that such amendments and modifications may be made for the County by Metro's General Manager when such amendments are consistent with the intent and purpose of the Agreement; AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement between King County and the city of Kent,Washington Page 1 of 2 NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth herein, the Parties agree to amend the Agreement as follows: 1. Extension of Term of Agreement As provided for in Section 4.1, the Agreement is extended until September 19, 2020. 2. No Other Modifications. Except as specifically provided for in this Amendment No. 1, all other provisions of the Agreement shall remain unchanged and in full force and effect. 3. Effective Date. This Amendment No. 1 shall be effective upon execution by the Parties. IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Amendment No. 1 to the Agreement as of the date set forth below their signatures. KING COUNTY SERVICE PARTNER City of Kent By: By: Kevin Desmond Name General Manager, Metro Transit Division Its (Title): Department of Transportation Date: Date: AMENDMENT NO. 1 to the Transit Service Direct Financial Partnership Agreement between King County and the city of Kent,Washington Page 2 of 2 ' KENo T aE%1 Agenda Item: Consent Calendar - 7E TO: City Council DATE: August 18, 2015 SUBJECT: Riverview Park Channel Restoration - Grass Field Improvements - Accept as Complete MOTION: Authorize the Mayor to accept the Riverview Park Channel Restoration - Grass Field Improvements project as complete and release retainage to Hoffman Construction, Inc. upon receipt of standard releases from the state and the release of any liens. SUMMARY: This project consisted of reestablishing the open grass field at Riverview Park. Six acres of grass field was amended with compost material. The compost was ripped in to a depth of twelve inches, tilled and hydro seeded with a playground seed mix. The initial contract amount was $137,998.48 the final contract amount is $126,287.14. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACT: Funded through the drainage fund. This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar - 7F 'MvENT iA n+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: Malik Ridge Bill of Sale - Accept MOTION: Authorize council to accept the Bill of Sale for the Malik Ridge Sanitary Sewer Improvements, including 5 manholes, 793 linear feet of 8" sewer pipe, and frontage improvements that include 780 square feet of driveway approach along 133Id Place SE. SUMMARY: Malik Ridge is located at 133rd Place SE and 272nd, Kent, WA EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None This page intentionally left blank. MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: 220 — 4TH AVENUE SOUTH KENT W A S H I N G T O N KENT, WASHINGTON 98032 Project: Malik Ridge Permit #: KIVA #2131996 i?� (Pc Location: 133r' Place SE and 272nd (11 Parcel #:272205910800 BILL OF SALE CITY OF KENT KING COUNTY, WASHINGTON THIS INSTRUMENT made this 9 day of October 20 13 , by and between High Country Malic Ridge LLC , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements: A. WATERMAINS: Together with a total of 0 gate valves at $ each, 0 hydrants at $ each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including 0 linear feet at $ per LF of (size & type) waterline. B. SANITARY SEWERS: Together with a total of 5 manholes at $ 3220.00 each and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) 133rd Place SE Including 793 linear feet at $ 38.00 per LF of 8" Bill of Sale 1of5 (size & type) sewerline. C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size & type) (improvement). D. FRONTAGEIMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON FROM TO (street, easement, etc.) 133r° Place SE Including 780 Square feet $ 8.00 per SF of Driveway Approach (size & type) (improvement). E. STORM SEWERS: Together with a total of 0 manholes at $ each or total of 0 catch basins at $ each, 0 LF of biofiltration Swale or drainage ditch with a total cost of $ 1 0 cubic feet of detention pond storage with a total cost of $ and/or any other appurtenances thereto. ON FROM TO (street, easement, etc.) Including linear feet at $ per LF of (size & type) _ sewerline. To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this 6 .. day of �C.�.1r, ,�< r 20 ✓ :"'�f . IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on this day of 20 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this day of _ 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and Voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of Washington, residing at My Commission Expires: Bill of Sale 3of5 STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this �'� -- day of 20 before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn, personally appearedt,w`.di«� <kn and to me to be the and -° respectively of �Lll h�m �P l�'P t`�C°the that executed the foregoing instrument,f ent,""and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. Witness my hand and official seal hereto affix the day and year first above written. 6® 1 r°1 �6� B tl0B9 e'�T '; / "MW/ .�c J J�j�l �� � � �•'i,R �".... �uPo Notary Public in''6nd for the State of T Washington, residing at e p My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of 20 Bill of Sale 4of5 40 a KENT WASHINOYON ENGINEER'S CERTIFICATION CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for Malik Ridge project dated October J, 2013, for the same said Malik Ridge project. Thomas J. Galvin, the undersigned P.E. or land surveyor (PLS) is the person responsible for the preparation of the Bill of Sale and is an employee of Azure Green Consultants, LLC , the firm responsible for the preparation (� eemsxressxfisx of the record drawings. t xpmcs: 0 55> Ore � Engineer/PLS stamp required) Bill of Sale 5of5 This page intentionally left blank. K.EN`I' � �� Agenda Item: Consent Calendar - 7G 'MnvviA in+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: 2014 Residential Traffic Calming Project - Accept as Complete MOTION: Authorize the Mayor to accept the 2014 Residential Traffic Calming project as complete and release retainage to R.W. Scott Construction Co. upon receipt of standard releases from the state and the release of any liens. SUMMARY: In 2014, the Residential Traffic Calming Program identified three neighborhoods that met criteria to install physical traffic calming devices. This project included residential traffic calming projects at 42nd Avenue South (speed bumps), 100th Avenue South (speed bumps), and SE 223rd Drive/SE 224th Street (traffic circles). The initial contract amount was $236,306.00 the final contract amount is $232,249.20. EXHIBITS: None RECOMMENDED BY: Public Works Director YEA: N/A NAY: N/A BUDGET IMPACT: This contract was funded out of the Street Operating Fund. This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar — 7H 'MvENT iA n+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: Sport Court Repair and Resurfacing Project with Pacific Ace LLC - Accept as Complete MOTION: Authorize the Mayor to accept as complete, the sport court resurfacing projects with Pacific Ace LLC and release retainage upon receipt of standard releases from the state and the release of any liens. SUMMARY: In April 2015, the Parks Department contracted with Pacific Ace LLC for $30,737.75 to repair and resurface two tennis courts and West Fenwick, one tennis court at Garrison Creek and the basketball court at Garrison Creek. The project manager accepted the project as complete on August 4, 2015. The warranty will begin on August 4, 2015 and will be in effect until August 4, 2016. The city is in receipt of the contractor's completed Intents and Affidavits from the state and retainage will be released after acceptance by Council, and the expiration of any applicable lien periods. EXHIBITS: Acceptance Letter from Project Manager RECOMMENDED BY: N/A YEA: N/A NAY: N/A BUDGET IMPACTS: The retainage funds are budgeted within the Parks Lifecycle Budget This page intentionally left blank. PARKS, RECREATION & COMMUNITY SERVICES Jeff Watling Director 220 4th Avenue South Kent, WA 98032 Fax: 253-856-6050 OFFICE: 253-856-5100 August 4, 2015 Alex Havens Pacific Ace LLC 3613 NE 361h AVE Vancouver, WA 98661 RE: Garrison Creek and West Fenwick Project Mr. Havens: I made the final inspection of the Garrison Creek and West Fenwick Tennis Court Resurfacing project and found that it is completed to my satisfaction. This letter serves as final acceptance of the project. If you have any questions, please call me at (253) 455-2457. Sincerely, Justin Oliver Project Manager Park Operations Copy: Garin Lee, Park Operations Superintendent Brian Saw, Park Operations Supervisor City of Kent Parks, Recreation &Community Services This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar — 7I 'MvENT iA n+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: Genesis Marketing — Consultant Services Agreement — Authorize MOTION: Authorize the Mayor to sign the Consultant Services Agreement with Genesis Marketing to develop and implement a TV and radio ad campaign to bring visitors to Kent, not to exceed $150,000, subject to final terms and conditions acceptable to the City Attorney. SUMMARY: Recommend Council to authorize the Mayor to sign Consultant Services Agreement with Genesis Marketing. This campaign has been developed to bring visitors to Kent. The agreement has been approved by the Lodging Tax Advisory Committee and passed through the Economic & Community Development Committee. The campaign is designed to focus on TV and radio ads during the Seahawks' season to bring visitors from the Portland Metropolitan area to stay in Kent. There are a large amount of Seahawk fans that come from Portland to go to a Seahawks Game. This campaign will focus on getting them to stay in Kent. With the use of the Sounder train, it is an easy commute and an affordable stay, with several hotels in Kent to choose from. This campaign will be designed and produced to show the ease and affordability a Kent stay can provide. This agreement will not exceed $150,000 and will be paid out of Lodging Tax funds and will expire on February 28, 2016. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Economic & Community Development Committee YEA: Boyce, Berrios, Ralph NAY: BUDGET IMPACTS: Funding will come out of Lodging Tax Funds This page intentionally left blank. `� KENT W Si G*c CONSULTANT SERVICES AGREEMENT between the City of Kent and Genesis Marketing THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Genesis Marketing organized under the laws of the State of Washington, located and doing business at 2703 N. Pittsburg, Spokane, WA 99207, (509) 777-1120 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Discription of work described in detail, incorporated and attached as exhibit A, Scope of work provided by Genesis Marketing. 1) Production 2) Marketing 3) Metrics Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by March 31, 2016. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $150,000.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit Monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 1 (Over$20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant's services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant's services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 2 (Over$20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant's part, then Consultant shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Consultant's part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. The City's use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 3 (Over$20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 4 (Over$20,000) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Suzette Cooke Its Its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Mary Kae Repp Ben Wolters, Director [Insert Company Name] Economic & Community Development Department 2703 N. Pitsburg City of Kent Spokane, WA 99207 220 Fourth Avenue South Kent, WA 98032 (509) 777-1120 (telephone) (facsimile) (253) 856-5703 (telephone) (253) (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field.You may enter the elect onia filepeN where the contact has been saved] CONSULTANT SERVICES AGREEMENT - 5 (Over$20,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 Exhibit A GENE$$ Scope of Work �� fAARKLTING August 1st, 2015- February 29'2016 Budget- $150,000 Scope of work: • Produce TV ads, online videos, & radio ads • Determine allocations of the media budget between TV, radio, online, print, & website maintenance. • Include media placement o Audit media invoices for accuracy • TV ads and Online videos o Determine the personality, demographic, and look of the actors o Hire and manage the actors o Writing scripts and directing TV & radio production • Hire outside vendors and pay them through the contract o Manage Dana through her blogging and writing process o Hire and manage a photographer o Hire and manage TV producers • Graphic design • Online Marketing o Create and manage online campaigns • Creation of new web pages • Setting up custom analytics for tracking purposes • Weekly and Monthly recap reports • We will charge a 15% management/placement fee on anything not paid by outside vendors o All invoices will clearly denote if 311 party has paid us, and if not, a line item in the invoice will state our fee • Any travelling fees occurred by Mary Kae to attend meetings 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 330.00 3x ROS bonus September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1x 1x 1x 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 27 28 29 30 1x 1x 1x 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 660.00 2x/wk ROS bonus spots October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1x 1x 10-11am 10-11am 4 5 6 7 8 9 10 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 11 12 13 14 15 16 17 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 18 19 20 21 22 23 24 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 25 26 27 28 29 30 31 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 630.00 2x/wk ROS bonus spots November- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 8 9 10 11 12 13 14 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 15 16 17 18 19 20 21 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 22 23 24 25 26 27 28 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 29 30 1x 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 660.00 2x/wk ROS bonus spots December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 6 7 8 9 10 11 12 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 13 14 15 16 17 18 19 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 27 28 29 30 31 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KPO3 - Rip City Radio Investment $ 630.00 2x/wk ROS bonus spots January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 10-11am 3 4 5 6 7 8 9 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 10 11 12 13 14 15 16 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 17 18 19 20 21 22 23 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 24 25 26 27 28 29 30 1x 1x 1x 1x 1x 10-11am 10-11am 10-11am 10-11am 10-11am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,300.00 2x/wk ROS bonus spots September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2x 2x 2x 5-6pm 5-6pm 5-6pm 20 21 22 23 24 25 26 2x 2x 2x 2x 2x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 27 28 29 30 2x 2x 2x 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,300.00 2x/wk ROS bonus spots October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1x 1x 5-6pm 5-6pm 4 5 6 7 8 9 10 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 11 12 13 14 15 16 17 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 18 19 20 21 22 23 24 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 25 26 27 28 29 30 31 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,000.00 2x/wk ROS bonus spots November- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 8 9 10 11 12 13 14 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 15 16 17 18 19 20 21 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 22 23 24 25 26 27 28 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 29 30 1x 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,300.00 2x/wk ROS bonus spots December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 6 7 8 9 10 11 12 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 13 14 15 16 17 18 19 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 20 21 22 23 24 25 26 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 27 28 29 30 31 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KFBW - The Brew Investment $ 3,150.00 2x/wk ROS bonus spots January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 5-6pm 3 4 5 6 7 8 9 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 10 11 12 13 14 15 16 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 17 18 19 20 21 22 23 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 24 25 26 27 28 29 30 1x 1x 1x 1x 1x 5-6pm 5-6pm 5-6pm 5-6pm 5-6pm 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 1,155.00 buy includes n/c match M-Sun 5a-la September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 lx lx lx 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 27 28 29 30 lx lx lx 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 2,310.00 buy includes n/c match M-Sun 5a-la October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 lx lx 10-11am 10-11am 4 5 6 7 8 9 10 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 11 12 13 14 15 16 17 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 18 19 20 21 22 23 24 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 25 26 27 28 29 30 31 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 2,100.00 buy includes n/c match M-Sun 5a-la November- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 8 9 10 11 12 13 14 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 15 16 17 18 19 20 21 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 22 23 24 25 26 27 28 lx lx lx lx 10-11am 10-11am 10-11am 10-11am 29 30 lx 10-llam All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 2,310.00 buy includes n/c match M-Sun 5a-la December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 lx lx lx lx 10-11am 10-11am 10-11am 10-11am 6 7 8 9 10 11 12 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 13 14 15 16 17 18 19 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 20 21 22 23 24 25 26 lx lx lx lx 10-11am 10-11am 10-11am 10-11am 27 28 29 30 31 lx lx lx lx 10-11am 10-11am 10-11am 10-11am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:10 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KW33 - The Wolf Investment $ 2,310.00 buy includes n/c match M-Sun 5a-la January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 lx 10-llam 3 4 5 6 7 8 9 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 10 11 12 13 14 15 16 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 17 18 19 20 21 22 23 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 24 25 26 27 28 29 30 lx lx lx lx lx 10-11am 10-11am 10-11am 10-11am 10-11am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,970.00 2x/wk ROS bonus spots September- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2x 2x 2x 7-8am 7-8am 7-8am 20 21 22 23 24 25 26 2x 2x 2x 2x 2x 7-8am 7-8am 7-8am 7-8am 7-8am 27 28 29 30 2x 2x 2x 7-8am 7-8am 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,970.00 2x/wk ROS bonus spots October- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 1x 1x 7-8am 7-8am 4 5 6 7 8 9 10 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 11 12 13 14 15 16 17 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 18 19 20 21 22 23 24 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 25 26 27 28 29 30 31 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,835.00 2x/wk ROS bonus spots November- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 8 9 10 11 12 13 14 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 15 16 17 18 19 20 21 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 22 23 24 25 26 27 28 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 29 30 1x 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,970.00 2x/wk ROS bonus spots December- 15 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 6 7 8 9 10 11 12 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 13 14 15 16 17 18 19 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 20 21 22 23 24 25 26 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 27 28 29 30 31 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 8/6/2015, 10:11 AM GENESIS MARKETING 2703 N Pittsburg Client Kent Tourism Spokane WA 99207 Station KLTH The Eagle Investment $ 2,835.00 2x/wk ROS bonus spots January- 16 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 1x 7-8am 3 4 5 6 7 8 9 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 10 11 12 13 14 15 16 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 17 18 19 20 21 22 23 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 24 25 26 27 28 29 30 1x 1x 1x 1x 1x 7-8am 7-8am 7-8am 7-8am 7-8am 31 All spots must run on the dates and within the dayparts specified above with equal rotation for payment. Makegoods may be run on the dates bought and within the dayparts above unless otherwise approved via email. Authorized Representative Date Voice-509-777-1120, Fax - 509-351-2509 4�'GENESIS Metrics R- MAftAEI'lIJ9 =� p, Metrics Outline for Kent Marketing Plan September 2015 — February 2016 All tracking measures are based upon increases stated in the areas that we are marketing: • September—January o TV placement- Portland Metro o Radio placement- Portland Metro o Pandora- Portland Metro o Online Placement- Portland Metro • February o TV placement- Ellensburg, Tri Cities, Walla Walla, Yakima, Moses Lake & Wenatchee o Radio placement- Portland Metro or No buy o Pandora- Ellensburg, Tri Cities, Walla Walla, Yakima, Moses Lake & Wenatchee o Online Placement- Ellensburg, Tri Cities, Walla Walla, Yakima, Moses Lake & Wenatchee *Please see proposal for location changes based on the Seahawks performance The Following metrics will be provided to the Kent committee weekly: • Organic Social Media Stats o Facebook • Page likes as of 8/6/15: 3,031. The goal will be to have a 2%to 10% increase. If we don't increase a min of 2% weekly, our office will investigate the type of organic posts and paid posts and figure out what needs to change for the following week. • Stats Provided • #of new page likes • #of people engaged • Total page likes • Top city o Instagram • Followers as of 8/6/15: 108. The goal is to increase followers. If we start losing followers we will investigate what we are running and make changes for the following week. • Stats Provided • Most popular photo of the week 0 #of trending followers GENESIS MARKETING o Twitter (month to date numbers as twitter does not provide weekly analytics) • Followers as of 8/6/15: 33. The goal is to increase followers. If we start losing followers we will investigate what we are running and make changes for the following week. • Stats Provided • MTD new followers • MTD impressions • MTD profile visits • Online Paid Marketing Stats o Facebook o The goal is to have likes—We will track that 2%- 10%of the people liking the ads are clicking through to the website. If 2% is not—we will modify the ads for the next week. • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks o Google • The goal is to keep the Cost Per Click as low as possible and convert these clicks to time spent on the website. If this is not achieved, we will analyze the ads and the landing page connected and make changes as needed. • Stats Provided • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks o Bing/ Instagram • The goal is to keep the Cost Per Click as low as possible and convert these clicks to time spent on the website. If this is not achieved, we will analyze the ads and the landing page connected and make changes as needed. • Stats Provided if Bing is used • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks • Once Instagram ads becomes available we will provide proper stats to reflect marketing completed GENESIS MARKETING • Website Analytics o Goal is to increase the number of new users week over week by 2%to 10%. If we go more than 3 weeks without an increase we will take a look at the campaign and make changes to media placement o Stats Provided • # New Users • # Page Views • Top 2 cities visiting the site • Top 2 pages visited • Website Maintenance o Hours Used o Hours Left o Tasks that were completed The Following metrics will be provided to the Kent committee monthly • Social Media Stats o Facebook • #of new page likes • #of people engaged • Total page likes • Top city • Screen shot of top 3 clicked posts • Screen shot of Net Likes • Screen shots of location of Page likes o Instagram • Most popular photo of the week • #of trending followers o Twitter • Screen shot of Month's: • # new followers • # impressions • # profile visits • #of mentions • #of tweets posted by Kent • #of tweets linking to you • Screen shot of top mention • Screen shot of top tweet • Screen shot of top follower • Screen shot of top media tweet GENESIS MARKETING • Online Marketing Stats o Facebook • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks o Google • Amount Spent • #of clicks • #of people reached for campaigns • Best campaign ran- measured by highest clicks • Screen shot of campaign performance including a graph • Screen shot of most popular ad- with the topic and #of clicks o o Bing/ Instagram • If bing- same data as google and facebook will be recorded • Once Instagram ads becomes available we will provide proper stats to reflect marketing completed • Website Analytics o # New Users o # Page Views o Top 2 cities visiting the site o Top 2 pages visited o PDF of • Audience Overview from google analytics • Custom Dashboard that includes outbound links • Pages Overview • Pandora o Campaign report at the end of every month o Impressions ordered vs impressions delivered o Clicks o Click through rate o Comparison of bench marking compared to similar campaigns • Website Maintenance o Total Monthly hours used o Tasks that were completed listed EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liabilitv insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage EXHIBIT B (Continued) 2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 4. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. This page intentionally left blank. K T .� °� Agenda Item: Consent Calendar — 73 'MvENT iA n+;U YfJm TO: City Council DATE: August 18, 2015 SUBJECT: Re-appointment to the Lodging Tax Advisory Committee - Confirm MOTION: Recommend Council confirm the re-appointment of David Kwok and John Casey to the Lodging Tax Advisory Committee and ratify all acts consistent with this motion. SUMMARY: The Lodging Tax Advisory Committee consists of 6 members who are made up of 3 representatives from businesses required to collect lodging tax, 3 representatives who are representing activities funded by lodging tax, and Chaired by a representative from the Kent City Council. The Lodging Tax Advisory Committee is recommending the re-appointments of David Kwok and John Casey to a new 4-year term on the Lodging Tax Advisory Committee. Mr. Kwok has been serving a 4-year term on the Lodging Tax Advisory Committee, which expired July 31, 2015. Mr. Kwok has asked to be considered for re-appointment to an additional 4-year term. This position is required to be filled by a representative whose business collects lodging tax. Mr. Casey has also been serving a 4-year term on the Lodging Tax Advisory Committee, which expires July 31, 2015. Mr. Casey has asked to be considered for a re-appointment to an additional 4-year term. This position is required to be filled by a representative whose activities are funded, in part, by lodging tax. If you have any questions prior to the meeting, please call Ben Wolters, 856-5703. EXHIBITS: None RECOMMENDED BY: Lodging Tax Advisory Committee BUDGET IMPACTS: None This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. �. O T ��" Agenda Item: Bids — 9A TO: City Council DATE: August 18, 2015 SUBJECT: Riverview Park Trail Relocation Project — Award MOTION: Authorize the Mayor to sign all documents necessary to award the Riverview Park Trail Relocation Project and enter into a Public Works Agreement with R.W. Scott Construction Company in the amount of $144,920.00, subject to final terms and conditions acceptable to the Parks Director and City Attorney. SUMMARY: This project will reroute the Green River Trail through the Riverview Park property. The project consists of demolition and removal of the existing paved and gravel trail, installation of a new asphalt and gravel trail, installation of concrete pads and site furnishings, site drainage, landscaping, and other related work as required and as indicated in the project manual and drawings. The bid opening for the Riverview Park Trail Relocation Project was held on Tuesday, July 31, 2015 with four bids received. The lowest responsible and responsive bid was submitted by R.W. Scott Construction Company in the amount of $144,920.00. The Engineer's estimated cost range was approximately $115,000 - 165,000.00. The Parks, Recreation and Community Services Director recommends awarding this project to R.W. Scott Construction Company and entering into a Public Works Agreement. EXHIBITS: Bid tab RECOMMENDED BY: Parks, Recreation and Community Services Director YEA: N/A NAY: N/A BUDGET IMPACT: Budgeted — Regional Trails/King County Levy This page intentionally left blank. PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 KENT ' " p Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: August 18, 2015 TO: Kent City Council FROM: Jeff Watling, Parks, Recreation and Community Services Director RE: Riverview Park Trail Relocation Project - Bid Tab The bid opening for the Riverview Park Trail Relocation Project was held on Tuesday, July 31, 2015 with four bids received. The lowest responsible and responsive bid was submitted by R.W. Scott Construction Company in the amount of $144,920.00. The Engineer's estimated cost range was approximately $115,000 - 165,000.00. The Parks, Recreation and Community Services Director recommends awarding this project to R.W. Scott Construction Company and entering into a public works agreement. Bid Summary (bids do not include WSST) 1. Razz Construction $154,490.00 2. Road Construction Northwest Inc. $183,280.00 3. R.W. Scott Construction $144,920.00 4. RE Sides Landscaping Inc. $160,540.00 This page intentionally left blank. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF 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. OFFICE OF THE MAYOR \ � Derek Matheson, Chief Administrative Officer v Kt=NT Phone: 253-856-5700 ......... Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 08/18/15 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, August 18, 2015 The Chief Administrative Officer's report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Human Resources Director Lorraine Patterson is leaving at the end of August to become chief administrative officer at the King County Department of Natural Resources and Parks. Mayor Suzette Cooke plans to use a competitive process to hire the next director. Risk Manager Chris Hills will serve as interim director. • Chief Administrative Officer Derek Matheson has begun work on a new councilmember orientation program in December. The half-day event will provide new city councilmembers (and interested returning councilmembers) with an overview of how city government operates and what are the top projects in city departments. It is intended to supplement, not replace, conversations among new councilmembers, returning councilmembers, the mayor, CAO, and department directors. • Community and Public Affairs Manager Michelle Wilmot will present the citywide Communications Plan to the Operations Committee and council for approval. The council reviewed the draft plan in a workshop earlier this summer. • The new salary schedule for the mayor and city councilmembers took effect in early August. The Independent Salary Commission included an annual inflator in the schedule (2.5%) so, per the ordinance that created the commission, City Attorney Tom Brubaker will prepare an ordinance to disband the commission. ECONOMIC AND COMMUNITY DEVELOPMENT Economic Development o Economic Development staff met twice afterhours with small business owners at Green River College entrepreneurial program convened as a MeetUps. Topics included funding your small business, and next topics plan to cover marketing. MeetUps are a way to convene businesses looking for community of peers in downtown Kent. o Economic Development staff is working towards encouraging hotel investment in the Valley which would update and heighten amenities available in the heart of our industrial area. Page 1 of 10 o Economic Development staff have interviewed more than three dozen business owners and managers along the Meeker St. corridor to solicit feedback on the quality of experience and service of the street to local users. Input will help inform Smart Growth America visioning workshop in September. o Economic Development is also actively engaged with three manufacturers as they pursue their relocation plans to Kent. • Long Range Planning o The Economic and Community Development Committee is holding a special meeting at 4:30 PM on August 24 to consider the entirety of the comprehensive plan update, including changes to text, goals and policies as well as amendments to Land Use Plan and Zoning District maps, and amendments to Kent City Code. The meeting will be a public hearing, and any recommendations by the Committee need to incorporate all aspects of the update. o The Land Use and Planning Board will meet on August 24 at 7 PM to consider code amendments pertaining to accessory structures in residential areas, including accessory dwelling units, as well as code amendments pertaining to elder care facilities. A public hearing on these items is anticipated in September. • Current Planning o Fire Impact Fees were presented to the Economic and Community Development Committee (ECDC) for information only on August 10. A special meeting of the ECDC is scheduled for August 24, where the ECDC is expected to vote on a recommendation to the full council. o Code enforcement staff has been working closely with the King County Health Department, Public Works inspectors and the City Attorney's office to address wastewater leaks and stormwater cross-connection issues at Spiro's Greek Island restaurant on 1st Avenue. Because the plumbing related violations create a risk of imminent harm to public health and safety, the City will be issuing a notice of violation that requires immediate action by the owner. Also, last week the King County Health Department inspected the restaurant and allowed Spiro's to 'self- close' while they address a number of serious health code violations. Because the plumbing problems are largely located under the building and have created a mess of wastewater spillage, the repairs are not simple and will likely be expensive to fix. Spiro's will only reopen when the plumbing has been fixed and the imminent health and safety violations are addressed. FINANCE • The pricing phase of the 2006 series refunding has been completed. The City's improved bond rating, coupled with favorable market conditions of strong demand for and light supply of municipal bonds, led to a very successful refunding. The numbers are well within the delegation authority in the bond ordinance adopted by Council on August 4. Final cash flows show a Net Present Value savings of $844,000 and a percentage savings on refunded bonds of 9.8%. The refunding closes on September 9. • The Financial Sustainability Task Force met for the first time. The Mayor and Council President were there to welcome the task force members and thank them for taking the time to serve the City in this effort. The task force agreed to an aggressive schedule which generally includes two meetings a month with a couple Saturday dates added in. The task force members were engaged and eager to get started on the task at hand. Page 2of10 HUMAN RESOURCES • New policies for this year o Policy 1.5 Public Records Act: Defines the rules of submitting, processing and responding to Public Records requests. o Policy 2.28 HIPPA Privacy Policy: Outlines our obligations and how we may use and disclose your private health information. o Policy 2.29 Customer Service: Citywide customer service expectations. o Policy 2.30 Internships: Defines Internship and its parameters. o Policy 2.31 Communications: General outside communications and marketing/media usage procedures. o Policy 5.07 Wellness Program: Policy direction for the Wellness Program. o Policy 5.08 Support for Breastfeeding Employees: Outlines new policy for employees who breastfeed. o Policy 7.11 Text Messaging: Policy directing usage of text messaging services for City business, and the ramifications for Public Records requests. • New Hires o Dalton Blackmore, Public Works Operations-utilities maintenance worker I o Christine Church, Public Works Administration, accounting technician o Larry Ramsdell, Finance Customer Service, meter reader II o Brent Ashbaugh, Human Resources LCC, labor relations analyst • From Risk Management o There was an 8.3% reduction in Property insurance and an increase in Earthquake/Flood limits to $75 Million o The National Flood Insurance Program upgrade which affects residents and business owners who choose to purchase flood insurance INFORMATION TECHNOLOGY • The Technical Services Team has successfully migrated ShoWare servers and systems to the City of Kent network and domain. The existing system was at end of life and in need of significant update. The implementation of the new servers and systems was a three- month project and was accomplished by a technical services team consisting of most of the division staff and coordination assistance by an I.T. project manager. We were able to save $40,000 by folding ShoWare into the City of Kent network. • The Public Works Traffic Division and the I.T. Department have successfully completed the implementation of a new Traffic Signals Controller Management System (Aegis/ Centracts). This was a highly collaborative effort on the part of Public Works- Transportation, I. T. and the vendor staff. The old system was last upgraded in the early 1990's. The system includes the necessary hardware, software, and network expansion/upgrade for 24 intersections, signals, controllers and flashing yellow arrows for left-hand turns. The City has 119 signals and will expand and continue to replace the remaining signals as future funding is available. LAW Nothing to report MUNICIPAL COURT Nothing to report Page 3 of 10 PARKS, RECREATION, AND COMMUNITY SERVICES • Riverbend Golf Complex o Through the month of July the rounds of golf at the 18-hole golf course have exceed the 2014 monthly totals for seven consecutive months in a row. As of the end of July, rounds of golf at the 18-hole golf course are 11.4% ahead of 2014. • Recreation o Summer isn't over and preparations for the Fall Youth Soccer program (pre-K through 6th grade) are underway. Program participation has increased by almost 14% with an increase of 12 teams over the 2014 season. A total 104 teams will soon begin practicing on local school fields in order to be game ready by jamboree day, September 12. This 10-week program keeps over 1,400 kids and approximately 150 volunteer coach/mentors busy learning and teaching not only soccer skills and sportsmanship but also staying fit, building self-esteem, developing friendships and social skills. The program employs 30-40 sports officials, many working in a paid position for the very first time. Staff invest considerable time in recruitment, training, and development. The officials will commit many hours to classroom and on-field training before they are assigned their first games. • Cultural Programs o Nine of the twelve summer concerts have taken place. All have been very well attended and received. The "Wednesday Picnic Performances" for kids at Town Square Plaza are drawing a weekly average of more than 500 people; "Thursdays at the Lake" are averaging 725 in attendance. 0 2015-2016 Spotlight Series brochures are being distributed to great reviews. Tickets went on sale August 1. POLICE • Staff Changes — Hiring/Retirement/Recruitment/ Leaves/Promotions o Conditional offers made to entry candidates Drumheller and Cox. o We have rescinded two previous conditional offers due to issues discovered in their background investigation. • Significant Crime Activities / Arrests / Investigations o Somerset shooting incident from two weeks ago — suspect identified by NRT (Neighborhood Response Team) officer. Case being put together, charges pending. o Two more arrests out of the five suspects in recent shooting incidents over past several weeks. Two remaining being sought out by SIU (Special Investigations Unit), NRT (Neighborhood Response Team) and Detectives. o While searching for the two above remaining suspects, patrol received information that the one suspect was in Fife. Fife only had two officers on duty so several patrol officers went to Fife to check a motel. The suspect was not there, but contact was made with 3 subjects and officers obtained information on stolen guns, prostitution, drugs and money. One of the subjects was a convicted felon and pimp with pending firearms charges with KPD. A search warrant was obtained and a stolen revolver, a stolen shotgun (stolen from a KC deputy's home) and two other pistols (one that had the serial number filed off) were recovered. A large amount of methamphetamine and a small of cash were also seized. Subjects were charged with promoting prostitution and VUCSA (drug violations) with intent to deliver. Page 4of10 • Major Emphasis Patrol o Patrol and SOU doing extra patrols and emphasis at East Hill parks. Special emphasis is being conducted nights and mornings at Morrill Meadows park due to problems with the homeless. • School Issues o Construction is on track for the next two school zone speed camera zones, at Meridian and Millennium elementary schools, to be operational by the start of school. o Three remaining medical marijuana locations served with cease and desist letters last week. One business (Herbal Choice at 19011 68 AV S) already closed. o We completed our WASPC Accreditation Onsite Assessment and passed 128 out of 130 standards. We are working to come into compliance with the remaining two standards with a self-imposed deadline of September 1. PUBLIC WORKS Streets o Street Maintenance: • Grind for inlay on 272nd east of 124th Ave. • Backfill sidewalks on James St, east of 94th Ave. • Prep for pour on Madison Ave north of Meeker St. • Grind Sidewalk area for 2nd Ave south of Gowe St. • Grind and pave for inlay on Railroad Ave south of James St. • Handrail repairs on Willis and Central Ave. o Signs, Markings & Litter Removal: • Unplanned maintenance on the east hill school zones. • Install sign bases in the East Hill area. • Pick up litter, remove debris and remove illegal signs on West & East Hills, North & South Valley. • Pick up traffic control from Mill Creek Ribbon Cutting. o Vegetation: • Water Veg: Mow and weed eat at Blue boy, Clark Springs, 208th and 212th Treatment plant, Cambridge and Summit, New shop site and 640 zone tank. • Wetland Mitigation Crew: GRNRA weeding, seed collecting and transplant of camas bulbs at nursery; Remove debris and weeds at Lake Meridian outlet channel, GRNRA purple loosestrife at GRNRA Peninsula, west side lagoon and east side wetland. • Sidearm Mower: GRNRA, Russel Rd and 216th to 228th 192nd and 104th to 116th • Wetland maintenance crew: Repair fence along Russell Rd, Russell berm and the bike path; Loosestrife removal and weeding wildflower plots and main parking lot at GRNRA; service requests at 26433 110th PI SE; Mow and line trim at the following locations: South Bend (116th Ave SE and SE 270th St), Mallory Meadows (132nd Ave SE and SE 264th St), Rhododendron Estates (124th Ave SE and SE 258th PI), Meridian Meadows (128th Ave SE and SE 268th St), Stillwater Shadows (130th Ave SE and SE 261't PI), Rose's Meadow (124th PI SE and SE 261't St), Rainier View Estates (129th Ave SE and SE 259th PI) Lindental (116th Ave SE and SE 264th St), Park Meridian (144th Ave SE and SE 274th PI), Meridian Glen Div 3 (137th Ave SE and SE 274th PI), Brookside Ct (132nd Ave SE and SE 279th PI). • Street Vegetation: Assist sidearm with line trimming at 216th and Frager; line trim on 212th from SR 167 to 96th; Mow and line trim, pick up litter and blow on 190th Island at west valley and 204th island at west valley to 72nd St; Remove dying tree at west valley and 228th; Mow and Line trim at 4th and Willis triangle, Page 5 of 10 Railroad and Willis, Titus parking lot, west valley shoulders, 212th shoulders and the East hill people paths on 264th, 109th and 114th. • Holding pond maintenance: Clear path to maple tree in the Oakley neighborhood (105th Ave and Ramstead); (mow and trim) UP Pump Station (Green River and 167), Aukeen Ct PS (Central and 1210), S 196th Pond; Whitney Heights (20310 92nd Ave), Briarmount (S 202nd St and 95th PI), Sophia Glen (S 204th PI and 90th PI S), Birchwood Acres (SE 235th and 134th), Wildwood Estates (13525 SE 233rd St), Meagan's Meadow (SE 234th and 132nd), Kent Mini Storage (10625 SE 240th ST);S 216th and Riverview Blvd; Royal Woods Manor (107th Ave and SE 240th St); Echo Glen Heights B (27108 110th Ave SE); LID 353 (S Kent Des Moines Rd and Military Rd), Parkside (S 255th PI and 36th Ave), Kentwood Glen (S 257th St and 45th Ave), Randall Park (4002 S 261't St), Winter Brook (4224 S 272nd St), The Vineyard Plat (25940 38th Ave S), Singh Plat (3427 S 258th PI) and 26215 Pacific Highway. o Personnel: • Open positions are for an MW 3 in Vegetation, an MW 2 in Signs and an Term Limited MW2 in Concrete. • Ryan Carroll accepted a position as the street vegetation lead. • Heather McIntosh accepted a position as the drainage vegetation lead. Water o Source & Supply/SCADA • 212th Treatment Plant operations. • Daily treatment run. • Wellhead Protection monitoring. • Replace AC unit in Well #3 building at 212th Treatment Plant. • Kent Springs gallery sluice gate repair. • Continue to work on Clark Springs Pump #1 MCC wiring. • Dustin Phelan cross-training with Source & Supply group. • Currently using 11.5 million gallons per day and the aquifers are holding strong. o Distribution Mains and Services • Cloudy Street watermain installation. • Cloudy Street watermain pressure test, chlorine injections, and purity samples. • Tie-in Crest Ave. watermain, transfer services. • Service requests from Customer Services. o Hydrants and Large Meters: • Chlorine injections for Cloudy Street watermain. • Hydrant replacement @ 26232 46th Ave. S. (to include mock shut-down, customer notifications and area restoration after installation). • WSDOT (south West Valley Highway) large meter replacement preparation. Saw cut pavement, pothole utilities and assemble parts list. • Utility locates (Citywide). o Personnel Update: • Source & Supply MW3 recruitment plan submitted to HR. The ad will go out on Monday. • Source and Supply TM31 first review of job description complete, waiting for comments from Dave and Human Resources. • Water Maintenance Assistants (4). Had interviews on August 4. Forwarded three candidates to Human Resources for driver's license check and waiting on a reference check on another. Page 6of10 Storm o NPDES assessing storm system in the area of 203rd and 120th o Cleaning storm system in the area of 218th and 95th. o Manhole repair on West Valley and 238th and at James and 94th o Pumping catch basins near 109th and 222th. o Driving for Street paving projects on 64th Ave. o Saw cut and pothole for culvert replacement on 258th and 129th. o Culvert replacement and paving at 258th and 129th o Making rock bags for Earth Works project and installing Check Dams. o Vactor truck working for Water Section. • Sewer o Manhole change out at Central and 222"d, Reith and Lake Fenwick Rd. o TV Existing Storm Map M (area from 259th to 240th and Washington to Central). o Prep for asphalt at Skyline, anchor fuel tank. o Clean Existing Sewer Map F (area from Washington to Central and 240th N to 224th) o System inspection at East Hill. o Repair pump sump at Victoria Ridge Pump Station. o Change out Diffusers at Lake Fenwick Pump Station. • Warehouse • Assist Fleet Services when needed. • Haul out spoils as trucks become available. • Misc small equipment repairs. • Work on acquiring quotes for inventory purchases following new purchasing guidelines. • Work on purchasing Cantilever Rack for the D.I. pipe installed. • Fleet/Radio Shop o Radio Shop • Program ID's for radios. • Install 4G into NRT detective cars. • Misc radio and electronic repairs. o Fleet Shop • Sweeper write up for bent cover. • Vactor hose real guide repair. • Install new blades and repair broken bearings on Side arm mower. • Repair clutch and service one Police Harley. • Handle recall on new Vactor. • Replace damaged hydraulic lines on the Toro. • 15 Police vehicle preventative services and repairs. • Traffic car rear end repair. • 7 Detective vehicle preventative services and repairs. • 20 Motor pool services and repairs. Design o Bids were opened on July 28 for the Briscoe-Desimone Reach 4 Project. The low bidder was Razz Construction out of Bellingham. The award is scheduled to go to City Council on August 4. o Preparing addendum to the Kent Regional Trails Connector project. Bid opening is scheduled for August 11. o Preparing Transportation Improvement Board grant application for 80th Avenue between 196th and 180. Applications are due August 21. Page 7of10 o Prepared cost estimate and preliminary plans for addressing the slump on East Valley Highway. o The Washington State Department of Transportation has approved the channelization plans for the Kent Kangley Pedestrian Improvement Project removing one of the last major hurdles to bidding this project. o $15 million is included in the state budget for the S. 228th Street Union Pacific Railroad Grade Separation Project. $13 million in the 15 to 17 biennium and $2 million in the 17 to 19 biennium. o Designing Pacific Highway South traffic island landscaping with bid date in August. o WSDOT Right-of-Way certification for 108th/208th has been approved. Bidding of the project is pending WSDOT channelization plan approval. 0 50-percent design review plans were distributed for the 1st Avenue - Smith to James Street project. Funding in the amount of $272,000 for this project is included in the state budget. o Recruitment plan for Engineer II position has been sent to Human Resources. Planning to advertise within the next couple of weeks. o Drafting interlocal agreement with King County Flood Control District for the Milwaukee II Levee. Land Survey o Central Ave. South Improvements: Field crew staking out items as requested this week to facilitate construction activities. o Little Project Mitigation Plan: Design Topography work around our normal construction activities. (Area of Mill Creek that is north of E. James St. and east of Woodford Ave. North) o North Park Drainage Improvements: Preparing for construction lay out. 0 228th/224th Corridor- East Leg: Reviewing Phase 1A 60% plans. o Kent Kangley Road Monument Preservation: PW Utilities division is vactoring within monument cases on the centerline of Kent Kangley Road in coordination with Survey field personnel. The right of way monuments within these cases are two to three feet deep and this effort will safely enable locations of the monuments prior to raising/preserving them to state standards. (RCW 58.24 & WAC 332-120) o GNNS Control: Horizontal &Vertical control sessions using GNSS (Global Navigation Satellite System) on right of way monuments located within major road corridors and plats throughout the city. Construction o Briscoe-Desimone Levee Improvements - Reach 1: The punch list has been presented to the contractor and was very minor. Punch list work will be completed during the week of August 24. 0 2015 Vehicle Detector Loops: The contractor has completed all contract work. We have 9 additional loops in 5 locations that we will be adding to this contract. The contractor has agreed to proceed with the work at bid unit prices with some premium $ negotiated for inefficiencies and overtime. 0 640 Zone Pressure Reducing Valve Stations: The contractor has completed the last few minor contract items and the final walk-thru will be requested by the end of this week. o Central Ave S. Pavement Preservation and Utility Improvements: Contract work is currently focusing on the East side of Central Ave, South of SE 259th St where tree removal, sawcutting, concrete/asphalt removal, hydrant replacements, and storm pipe installation is ongoing this week. We held a pretask meeting for the liner Page 8of10 installation on July 30. Preliminary work for this process will start the week of August 10. 0 2015 Plastic Markings: The contractor has completed approximately 95% of the contract work. 0 2015 Paint Line Striping: The contractor has completed approximately 95% of the contract work. Curb painting is the only work that remains. o SR 516 to S 231st Way Levee Improvements, Russell Rd Upper Levee — South Reach: The contract for this project has been fully executed with SCI Infrastructure. The preconstruction meeting is in the process of being scheduled. 0 2015 Asphalt Overlay: The first lift of the first section of paving on 109th Ave SE was completed on July 31. Upon completion of all remaining concrete work on 109th Ave SE and 118th Ave SE, all remaining paving will take place during the week of August 17. Overlay paving on 40th Ave S (S 272nd to Cambridge Ct) and 42nd Ave S (S261st to Reith Rd) will be added to contract via change order. The change order for this work is being prepared for contractor review and signature. This added work will proceed after the change order is fully executed. o W. Gowe St: The Contract was fully executed with RL Alia Company and the Preconstruction Meeting was held on Monday, August 3. Notice to proceed is anticipated on the week of August 17. o North Park Drainage Improvements: The project has been awarded to Miles Resources, LLC on July 22 and the contract has been returned by the contractor for final review and execution. o Traffic Control Signal System: The project has been awarded to West Coast Signal, Inc. on July 22 and the contract has been returned by the contractor for final review and execution. An internal Merge Meeting was conducted with Transportation and Construction on Thursday, July 30 o Briscoe-Desimone Levee — Reach 4: This project has advertised and bids are due on July 28. o Kent Regional Trails Connector: This project has been advertised and bids are due on August 11. o Development Projects: • The preconstruction conference for Grandview Apartments took place on Thursday, July 28. • Performance Walk Thru for Indigo Springs has been requested and punch lists are due on August 6. • A Performance Walk-Through for Park Place has been requested and punch lists were due on August 7. • Follow-up meetings for the implementation of the revised processes resulting from the Civil Construction LEAN that took place in June are commencing every Wednesday at 10 AM. • 40+ Development projects are active in addition to multiple (40+) utility projects throughout the city. o Miscellaneous Construction Engineering Activities: • Plan review for 76th Ave Drainage Improvements. • Participating in Mill Creek Reestablishment weekly meetings. • Participating in the Public Works Engineering P4 Action Team for the development of clear, consistent and realistic processes for executing public works engineering programs, projects, planning and priorities. • Participating in FRAT (File Repository Action Team) that has been chartered to create, implement and communicate structures for electronic files that provide ease of use and streamline organization across Public Works. Page 9of10 Special Projects/Transportation: o Radar Speed signs have been installed on 3rd Ave and functioning data is being collected. o Crosswalk list of additions. Meeting yesterday about 50 more crosswalks identified. Finalizing list this morning. 0 64th St beacon will be installed prior to the start of school. o Meeker school flashers will be installed prior to the start of school. o Railroad crossings signs will be installed in September. This is to tell people how to notify the railroad when there are signal malfunctions. Environmental o Working on drafting an updated surface water design manual and working on putting together an internal team to review the draft manual. o Finalizing the plans and specifications for a 76th Ave. S. drainage improvement project. o Coordinating the public communication with the North Park neighborhood prior to constructing stormwater improvements. o Meeting with Adam Smith staff at the Tacoma filtration plant. o Conducting a second interview with one candidate for the Engineer II position. o Attending the WRIA 9 Salmon Habitat Forum meeting. o Communicating with the Lakes homeowners regarding acquisition of property. o Preparing for annual FEMA CRS recertification. Page 10 of 10 EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION This page intentionally left blank.