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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 11/03/2015 Arm Gi/vela✓a/Ol�/�/U�/,.%�1,///i�,/io ,,, y, fiD V I i / r6o „rli r � �" +e �'✓( r /�1 �d i i �I� I'i �i �M � � Yl�i't f.. /err rrr+e aPG'IWr7� � w ti�Gi��,liyG«�; � p i ,GPI `✓'r�,"�f�r /r�/o t 7 /e✓r� r� a XENI Ii I adccW„4„ This page intentionally left blank. 4 KENT CITY COUNCIL AGENDAS -r November 3 2015 . • ffzwre � 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 MEETING AGENDA 5 P.M. 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. CHANGES TO AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF 4. PUBLIC COMMUNICATIONS A. Public Recognition B. Community Events C. Economic and Community Development Report D. Intergovernmental Reports 5. 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. Re-appointment of Lew Sellers to the Public Facilities District — Confirm C. Re-appointment of Dan Cox and Bayard DuBois to the Arts Commission - Confirm D. Department of Ecology Coordinated Prevention Grant — Authorize E. Local Hazardous Waste Management Program Grant Amendment No. 1 — Authorize F. 2015 Third Quarter Fee-in-lieu Funds — Accept G. 2016 Community Development Block Grant Annual Action Plan - Approve 8. OTHER BUSINESS 9. BIDS 10. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF (Continued) COUNCIL MEETING AGENDA CONTINUED 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. CHANGES TO THE AGENDA FROM COUNCIL, ADMINISTRATION, OR STAFF This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Community Events C) Economic and Community Development Report D) Intergovernmental Reports This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 7A CONSENT CALENDAR 7. City Council Action: Councilmember moves, Councilmember seconds to approve Consent Calendar Items A through G. Discussion Action 7A. Approval of Minutes. Approval of the minutes of the council meeting of October 6, 2015. This page intentionally left blank. � u yy�� � O T Wno H�N G 1x ON Kent City Council Meeting Minutes October 6, 2015 The regular meeting of the Kent City Council was called to order at 7:02 p.m. by Mayor Cooke. Councilmembers present: Ralph, Fincher, Higgins, Ranniger and Thomas. Councilmembers Berrios and Boyce were excused. CHANGES TO THE AGENDA FROM COUNCIL ADMINISTRATION OR STAFF. Chief Administrative Officer Derek Matheson stated that agenda item 7C is an excused absence for Councilmember Higgins for the September 29 special Council meeting. He also suggested adding item 70, an excused absence for Councilmember Boyce for tonight's meeting and an Executive Session regarding litigation. PUBLIC COMMUNICATIONS A. Historical Note from Kent's 125th Anniversary — Dennis Higgins, Kent Councilmember and Board of Trustees member for the Greater Kent Historical Society presented "Meridian", highlighting the former community that was located on East Hill in the late 1800's. B. Public Recoanition — Councilmember Fincher thanked the Greater Kent Historical Society for the presentation that occurred at their annual fundraising dinner last weekend concerning "Military Road." Mayor Cooke announced that the City of Kent Employee of the Month for the month of October was Mark Hendrickson from the Parks, Recreation and Community Services Department. She highlighted the many events that Mark is responsible for in the City. C. Proclamation for Re Leaf 2015 at Clark Lake Park — Mayor Cooke presented the Re Leaf 2015 at Clark Lake Park proclamation to Victoria Andrews, Special Programs Manager, Parks, Recreation and Community Services. Andrews noted that the event is on October 10, 2015 and it involves removing invasive species from the park and planting acceptable vegetation. D. Proclamation for Arbor Day 2015 — Mayor Cooke presented the Arbor Day 2015 proclamation to Victoria Andrews who noted that the City's Arbor Day event will be held on October 17, 2015 at Riverview Park where 125 trees will be planted. E. Proclamation for World Homeless Day — Mayor Cooke read and presented the World Homeless Day proclamation to Patricia Gray, Chair of the KentHOPE Board and Rhonda Tilbert. Mayor Cooke proclaimed October 10, 2015 as World Homeless Day in the City of Kent. F. Appointment of Members to the Bicycle Advisory Board — Mayor Cooke announced her appointments to the Bicycle Advisory Board. She introduced proposed members Scott Taylor, Kyle Applebury, Andrew Sobczyk, Christopher Varo and Steven Kent City Council Meeting Minutes Plank. Each of the appointees introduced themselves and communicated why they were interested in being on the Bicycle Advisory Board. G. Community Events — Council President Ralph highlighted the Spotlight Series including the artists that will be performing and when. She announced that the Thunderbirds won last Saturday and that tickets are available on the ShoWare Center website, with the next home game being October 10. She noted the Tacoma Stars indoor soccer team has their first game on Friday, November 6. There are limited tickets available for Disney on Ice's "Frozen", and the radio station The WOLF's "Hometown Country Christmas" will also be at the ShoWare Center. H. Economic and Community Development Report — Economic and Community Development Director Ben Wolters presented his report. He highlighted a ranking from WalletHub.com which reported that the City of Kent is the 7th Fastest Growing Mid-Size City in the United States. He communicated the metrics that were used and stated that they rated the industrial market in the City as "very hot." He noted that Big League Edge, The Great American Bagel, Brook Furniture Rental, Provail, and Seattle's Favorite Gourmet Cookies and Dessert Company are companies that have moved into Kent just recently. He noted that the Washington Technology Industry is having their small business event at CenterPointe on October 20. Additionally, he stated that they are working on the "Made in Kent" campaign with Green River College marketing students. He discussed the Chateau Meridian development and the rising home values. Councilmember Thomas noted that Renton was sixth in the small city category. I. Intergovernmental Reports — Council President Ralph communicated that there was a Regional Law Safety and Justice Committee meeting that took place at ValleyCom. Technology in the courtroom and a way to streamline the ticketing process in King County were both discussed. There was also an update on the Puget Sound Emergency Radio Network. Councilmember Higgins noted that the Regional Transportation Committee met in September and looked at the King County Metro Strategic Plan, including what alternative services could be available here in Kent and South King County. He noted that there were also discussions around the opening of the Husky Stadium Link Station. He said he inquired as to why something like this couldn't be done in the Midway or Highline area in South King County to provide better service in the neighborhoods. He noted that the Sound Cities Association is meeting on the October 21 with a networking dinner occurring on October 28. Councilmember Fincher stated that she attended a meeting with the President of Liberia where they discussed Ebola and their efforts on working with the United States on economic development in Liberia. Mayor Cooke added that the Ambassador of Liberia has requested follow-up with the Liberian community and the City of Kent to see if there is a partnership that can be made. 2 Kent City Council Meeting Minutes PUBLIC HEARING PUBLIC COMMENT 1. Toni Troutner, Kent — Troutner expressed concerns about homelessness. She noted that she is involved in the Kent Severe Weather Shelter and discussed the specifics of the facility. 2. Gwen Allen-Carston, Kent — Allen-Carston thanked the Mayor for her service and her willingness to meet with her. She thanked Senator Joe Fain for his assistance in obtaining funds for the YMCA, and the Code Enforcement staff and for their help in the past. She thanked Police Chief Thomas for the Community Task Force and having it available to the residents. She thanked Councilmember Higgins for his assistance on the repairs on 109th Street and inquired about future work on the retention pond there. CONSENT CALENDAR Council President Ralph moved to approve Consent Calendar items A through O, seconded by Councilmember Thomas. Motion carried 5-0. A. Approval of the Minutes — Approve. The minutes of the workshop and regular council meeting of September 15, 2015 were approved. B. Excused Absence for Councilmember Jim Berrios — Approve. The Council approved an excused absence for Councilmember Berrios as he is unable to attend the City Council meeting of October 6, 2015. C. Excused Absence for Councilmember Higgins — Approve. The Council approved an excused absence for Councilmember Higgins as he was unable to attend the special meeting of September 29, 2015. D. 2015 Paint Line Striping — Accept as Complete. The Mayor was authorized to accept the 2015 Paint Line Striping project as complete and release retainage to Apply-A-Line, Inc. upon receipt of standard releases from the state and the release of any liens. E. 2015 Vehicle Detector Loops — Accept as Complete. The Mayor was authorized to accept the 2015 Vehicle Detector Loops project as complete and release retainage to Pioneer Cable Contractors, Inc. upon receipt of standard releases from the state and the release of any liens. F. James Street Bicycle Path (Green River Trail to Interurban Trail) Grant — Authorize. The Public Works Director was authorized to return to the Puget Sound Regional Council the $221,750 grant for the James Street Bicycle Corridor project subject. G. 2016 Mid-Biennium Budget Adiustment — Set Second Public Hearing Date. (No action required) 3 Kent City Council Meeting Minutes H. 2016-2021 Capital Improvement Plan - Set Second Public Hearina Date. (No action required) I. Comprehensive Plan/Capital Facilities Element Amendment and Update to Kent City Code Chapter 12.13 School Impact Fees - Set Public Hearing Date. (No action required) J. 2015 Tax Levy for 2016 Budget - Set Public Hearing Date. (No action required) K. Appointment of Members to the Kent Bicycle Advisory Board - Approve. The Council confirmed the appointments of Scott Taylor, Kyle Applebury, Andrew Sobczyk, Christopher Varo and Steven Plank to the Kent Bicycle Advisory Board for two year terms. L. Resolution Adopting Countywide Planning Policy Amendments, School Siting Process - Adopt. Resolution No. 1915 was adopted, ratifying the amendments to the King County Countywide Planning Policies (CPPs) to outline a process for school districts and jurisdictions to work together to identify future school sites within the Urban Growth Area. M. Ordinance Adopting the International Property Maintenance Code - Adopt. Ordinance No. 4170 was adopted, amending title 14 of the Kent City Code to adopt the 2012 edition of the International Property Maintenance Code together with the City's local amendments. N. Re-lampina Proiect at Kent Memorial Park and Hogan Fields - Accept as Complete. The Mayor was authorized to accept as complete, the re-lamping projects at Kent Memorial Park and Hogan Fields with Eastside Electrical. OTHER BUSINESS BIDS REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A. Council President. - Council President Ralph noted that the workshop discussion was on the 2016 Biennial Budget. She added that the second topic was on "Meet Me on Meeker" which looks at the development possibilities available on Meeker Street from the golf course through downtown Kent. She said that they discussed parking, walking conditions, lighting, and funding. B. Mayor. - Mayor Cooke communicated that some of the City staff and Councilmember Berrios attended a Public Innovators Lab Guide which provided a tool kit on how to better engage with the community. She noted that the staff who attended the presentation have briefed her and want to incorporate it into the City's policies. Mayor Cooke also communicated that in the proposed budget there is an item to utilize the banked property tax. This means a homeowner with a house valued at 4 Kent City Council Meeting Minutes $300,000 would pay $20.00 per year, not per month. Additionally, if your property is valued at less than $300,000 the assessment would be lower. C. Chief Administrative Officer. — Chief Administrative Officer Derek Matheson noted that there is a large amount of public property on Meeker Street and he noted that the B&O funds have been used to pave asphalt paths for pedestrians. This, he said, saves trees and allows for safer conditions when vehicles are travelling 40 miles per hour on Meeker. He added that the CAO report is in the packet and there is an executive session for ten minutes concerning pending litigation, as per RCW 42.30.110(1)(i)(c). D. Economic & Community Development Committee. — No report. E. Operations Committee. — No report. J. Parks and Human Services Committee. — Councilmember Ranniger communicated that the next meeting is Thursday, October 22 at 5 p.m. G. Public Safety Committee. — Council President Ralph stated that the next meeting is Tuesday, October 13 at 4:30 p.m. H. Public Works Committee. — In the minutes. I. Reaional Fire Authority. — Councilmember Thomas highlighted that the next meeting tomorrow night at Station #38 at 5:30 p.m. EXECUTIVE SESSION A. Pendina Litiaation, as per RCW 42.30.110(1)(i)(c). At 8:13 p.m., Mayor Cooke announced that the Council would enter into an Executive Session for ten minutes to discuss pending litigation as per RCW 42.30.110(1)(i)(c). At 8:23 p.m., the Executive Session concluded and Mayor Cooke reconvened the regular meeting. ACTION AFTER EXECUTIVE SESSION No action. ADJOURNMENT The meeting adjourned at 8:23 p.m. Ronald F. Moore, MMC City Clerk 5 This page intentionally left blank. K EN*• T *, Agenda Item: Consent Calendar — 7B TO: City Council DATE: November 3, 2015 SUBJECT: Re-appointment of Lew Sellers to the Public Facilities District — Confirm MOTION: Confirm the Mayor's re-appointment of Lew Sellers, to Position 5 of the Kent ShoWare Events Center Public Facilities District Board for a four-year-term. SUMMARY: Lew Sellers has been recommended by Mayor Cooke to be re-appointed to the Board of Directors for the Kent Events Center Public Facilities District. In accordance with City of Kent Ordinance No. 3852 and Public Facilities District Resolution No. 1769, each director was appointed to a different term in order to stagger the term end dates. These legislative documents and RCW 35.57.010(3)(a) require that after the initial appointment, each director's term is to be for a period of four years. Mr. Sellers' next four-year-term would expire on September 1, 2019. Therefore, the Mayor requests Council confirm her re-appointment of Mr. Sellers to a new four-year-term. EXHIBITS: None RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. K EN*• T *, Agenda Item: Consent Calendar — 7C TO: City Council DATE: November 3, 2015 SUBJECT: Re-appointment of Dan Cox and Bayard DuBois to the Arts Commission - Confirm MOTION: Confirm the Mayor's reappointment of Dan Cox and Bayard DuBois to the Kent Arts Commission for additional four-year terms. SUMMARY: Dan Cox was appointed to the Arts Commission in 2012 and seeks re- appointment for an additional four-year term. Dan believes the arts are powerful and enable us to recognize the value of people and community. Dan has chosen to give back to his community through service and the Arts Commission remains a natural fit for him. Bayard DuBois was appointed to the Arts Commission in 2007. Bayard brings a rich background in performing arts and currently conducts the "Breath of Aire" Choir that performs at charitable/fundraising events. Bayard has been an active member of the commission and seeks re-appointment for an additional four-year term. If confirmed, each re-appointment term will end on October 31, 2019. I am pleased to recommend reappointment of Dan Cox and Bayard DuBois for your confirmation. RECOMMENDED BY: Mayor Suzette Cooke BUDGET IMPACTS: None This page intentionally left blank. K EN*• T *, Agenda Item: Consent Calendar — 7D TO: City Council DATE: November 3, 2015 SUBJECT: Department of Ecology Coordinated Prevention Grant — Authorize MOTION: Authorize the Mayor to accept the Coordinated Prevention Grant in the amount of $123,522.67 and authorize expenditure of the grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Coordinated Prevention Grant is a two year grant funded by the Washington State Department of Ecology. It pays 75% of the "maximum eligible program cost" which for Kent is $123,522.67. A 25% match will be provided by the King County Waste Reduction and Recycling Grant. This grant funds Residential and Commercial Waste Reduction and Recycling Programs including events for collection of materials hard-to-recycle at the curb: appliances, electronic equipment, mattresses, Styrofoam, bulky yard debris and concrete. EXHIBITS: Coordinated Prevention Grant RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: The City will receive from the Washington State Department of Ecology $92,642.00, distributed on a cost basis as tasks are completed. The required 25% match of $30,880.67 will come from the King County Waste Reduction and Recycling Grant. This page intentionally left blank. Agreement No: W2RCPG-1517-PentPW-00075 Page 1 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City ofKent DEPAHFMFNT OF State of WashifIgtorl Agreement W2RCPG-1517-KentPW-00075 WASTE 2 RESOURCES COORDINATED PREVENTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF WASIIINGTON DEPARTMENT OF ECOLOGY AND City of Kent This is a binding Agreement entered into by and between the State of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY"and City of Kent,hereinafter referred to as the "RECIPI ENT" to cant'out with the provided funds activities described herein. GENERAL INFORMATION Project Title: 2015-17 CPG Kent IMP Total Cost: $123,522.67 Total Eligible Cost: $123,522.67 Ecology Share: $92,642.00 Recipient Share: $30,880.67 The Effective Date of this Agreement is: 07/10/2015 The Expiration Date of this Agreement is no later than 06/30/2017 Project 7 ype: Implementation Project Short Description: The RECIPIENT(City of Kent)will host up to six(6)Residential Recycling Collection Events for City residents with its$123,522.67 CPG monies. The RECIPIENT expects to divert 300 tons of recycled material,which includes an estimated 25 tons of organics and 60 tons of moderate risk waste, from 4000 residential participants as a result of making over 188,000 resident contacts during the 2015-17 grant cycle. Proiect Long Description: N/A Overall Goal: Provide regional solutions and intergovernmental cooperation;prevent or minimize environmental contamination through planning and project implementation; and comply with state and local solid and hazardous waste management plans and laws. W2 RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 2 of 17 Project Title: 201547 CPC Kent IMP Recipient Name: City of Kent RECIPIENT INFORMATION Organization Name: City of Kent Federal Tax ID: 91-6001254 DUNS Number: 000000000 Mailing Address: 220 Fourth Ave S Kent, WA, 98032 Physical Address: 220 Fourth Ave S Kent,Washington, 98032 Organization Email: ghungerford@kentwa.gov Contacts Project Manager Regina Hungerford Conservation Coordinator PW Works Engineering 220 Fourth Ave. S. Kent, Washington,98032 Email: ghungerford@kentwa.gov Phone: (253) 856-5549 Billing Contact Paul Devine General Manager 4715 SW WALKER ST Seattle, Washington,98116 Email: pauldevine@msn.com Phone: (206)938-8262 Authorized Regina Hungerford Signatory Conservation Coordinator PW Works Engineering 220 Fourth Ave. S. Kent, Washington, 98032 Email: ghungerford a kentwa.gov Phone: (253) 856-5549 W2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 3 of t7 Project Title: 20t5-17 CPG Kent IMP Recipient Name: City of Kent ECOLOGY INFORMATION Mailing Address: Department of Ecology Waste 2 Resources PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Waste 2 Resources 300 Desmond Drive Lacey, WA 98503 Contacts Project Vicki Colgan Manager '..... 3190 160th Ave SE Bellevue, Washington, 98008-5452 Email: vcol461@ecy.wa.gov Phone: (425)649-7224 Financial Vicki Colgan Manager '.. 3190 160th Ave SE Bellevue, Washington, 98008-5452 Email: vcol461@ecy.wa.gov Phone: (425)649-7224 W 2 RC PG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 4o£17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City ofKent RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in the Scope of Work. RECIPIENT agrees to read, understand, and accept all information contained within this entire Agreement. Furthermore, RECIPIENT acknowledges that they have reviewed the terms and conditions of this Agreement, Scope of Work, attachments, all incorporated or referenced documents, as well as all applicable laws, statutes, rides, regulations, and guidelines mentioned in this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement. IN WITNESS WHFRF,OF,the parties hereby sign tlus Agreement Washington State Department of Ecology City of Kent Program Manager Date Regina Hungerford Date Conservation Coordinator Waste 2 Resources Suzette Cooke Mayor, City of Kent Date W2RCPG-1517-KentPVA'-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 5of17 Project Title. 2015-17 CPG Kent IMP Recipient Name: City of Kant SCOPE OF WORK Task Number: 1 Task Cost: $123,522.67 Task Title: WR&R: Residential Collection Events Task Description: The RECIPIENT'will host up to six(6)Residential Recycling Collection Events for City residents during this grant cycle. The events will provide residents with the opportunity to divert hard-to-recycle items from the waste stream by recycling them in a convenient City location,as well as serve as an opportunity to distribute educational materials on how to reduce waste and recycle using City-sponsored or private sector WR&R programs. The RECIPIENT may charge user fees for some items or may drop user fees to increase the volume of materials collected. The RECIPIENT will credit this grant for any revenue received from the collection of fees or commodity sales on items the grant is directly supporting.In addition,the Coordinated Prevention Grant Program does not pay for costs covered by an existing product stewardship program(such as E-cycle Washington,LightRecycle Washington, or Ca112Recycle).Contact your Ecology grant project manager or consult the following website if you are unsure about a cost's grant-eligibility:http://www.ecy.wa.gov/programs/swfa/ProduotSteNvardshipFAQ.html. The costs of membership in civic, business,and technical/professional organizations are allowed to the extent they are covered in the overhead rate. I f the RECIPIENT does not charge overhead to this task, it may directly bill for membership(s)pre-approved by ECOLOGY. Task Goal Statement: '.. Decreasing the amount of organics,moderate risk waste(MRW), and other hard-to-recycle items from being landfilled by holding collection events in a convenient location for City residents;is the goal of the program,thereby also keeping environmentally damaging materials from finding their way to stonndrains, streams, and other isolated sites in our City. Human health risks from these materials will be lowered as well. Task Expected Outcome: The RECIPIENT expects to divert 300 tons of recycled material,which includes an estimated 25 tons of organics and 60 tons of moderate risk waste, from 4000 residential participants as a result of making 188,000 resident contacts. fhe RECIPIENT will provide the following information to the Department of Ecology for project evaluation: 1)The number of events held. 2)The number of event participants attending-the site greeter will count cars as they arrive. 3)The volume of each material collected in pounds/tons as reported from event vendors and from material delivered to recycling centers. 4)The numbers of promotional/educational contacts made. Recipient Task Coordinator: Paul Devine W2RCPG-I 517-KentPW-00075 Agreement Ni n W2RCPG-1517-KentPW-00075 Page 6 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent WR&R: Residential Collection Events Deliverables Number Description Due Date 1.1 Q 1:No Work this quarter. 1.2 Q2: Arrange date and site for event.Arrange event vendors. Hold Recycling Collection Event.Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.3 Q3:Arrange date and site for event.Arrange event vendors.Hold Recycling Collection Event. Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.4 Q4: Arrange date and site for event.Arrange event vendors. Hold Recycling Collection Event.Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement 1.5 Q5:No work this quarter. 1.6 Q6:Arrange date and site for event.Arrange event vendors. Hold Recycling Collection Event.Recycle materials collected at event.Prepare project progress report and payment request for grant reimbursement. 1.7 Q7:Arrange date and site for event. Arrange event vendors.Hold Recycling Collection Event.Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement. 1.8 Q8: Arrange date and site for event.Arrange event vendors. Hold Recycling Collection Event.Recycle materials collected at event. Prepare project progress report and payment request for grant reimbursement and closeout. W 2 RC P G-1517-KentPW-00075 Agreement No: W2RCPG-15 1 7-KentPW-00075 Page 7 of 17 Project Title. 2015-17 CPG Kent INIP Recipient Name. City ofKent BUDGET Funding Distribution EG160221 Funding Titic: State Building Construction Account Funding Type: Grant Funding Expiration Date: 06/30/2017 Funding Effective Date: 07/10/2015 Funding Source: Title: State Building Construction Account(SBCA) Type: State CFDA: Assistance Agreement: Description: Recipient Match%: 25 InKind Interlocal Allowed: Yes InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No State Building Construction Account 'Task Total I WRRR: Residential Collection Events $ 123,522.67 Total: $ 123,522.67 W2RCPG-1517-KentPW-00075 Agreement No. W2RCPG-1517-KentPW-00075 Page 8 of 17 Project Antle: 2015-17 CPG Kent IMP Reapient Name: City of Kent Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total State Building Construction 25.00 % $ 30,880.67 S 92,642.00 $ 123,522.67 Account Total $ 30,880.67 S 92,642.00 S 123.522.67 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS Indirect costs can be charged at a rate of up to 25%of salaries and benefits. GENERAL FEDERAL CONDITIONS If a portion or all of the fonds for this agreement are provided through federal finding sources or this agreement is used to match a federal grant award,the following terms and conditions apply to you. CERTIFICATION REGARDING SUSPENSION DEBARMENT. INELIGIBILITY OR VOLUNTARY EXCLUSION• 1. The RECIPIENT/CONTRACTOR, by signing this agreement,certifies that it is not suspended, debarred, proposed for debarment,declared ineligible or otherwise excluded from contracting with the federal government,or from receiving contracts paid for with federal finds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification,they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction,debarred,suspended,ineligible,lower tier covered transaction,participant, person,primary covered transaction,principal,proposal,and voluntarily excluded,as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department for assistance in obtaining a copy of those regulations.. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement,that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT,INELIGIBILITY OR VOLUNTARY EXCLUSION"without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330,the RECIPIEN"r/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies,including suspension and debarment W2RCPG-1517-Kemp W-00075 Agreement No: W2RCPG-I517-KentPW-00075 Page 9 of 17 Projeet7 itle'. 2015-17 CPG Kent IMP Recipient Name_ ON,of Kent 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file,that it,and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in httu://www s tn?,Ipvy and print a copy of completed searches to document proof of compliance. Federal Funding Accountability And Transparency Act(FFATA)Reporting Requirements: RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395)and return it with the signed agreement to ECOLOGY, Any RECIPIENT that meets each of the criteria below must also report compensation for its five top executives, using FFATA Data Collection Form. Receives more than$25,000 in federal funds under this award; and Receives more than 80 percent of its annual gross revenues from federal funds;and Receives more than$25,000,000 in annual federal funds ECOLOGY will not pay any invoice until it has received a completed and signed FFATA Data Collection Form. ECOLOGY is required to report the FFATA information for federally funded agreements, including the required DUNS number, at vtir4w tsrs.r oe "h1m.//vaww fsrs,gos_within 30 days of agreement signature. The FFATA information will be available to the public at www_usaspending.,guv <ht p//wvvW,usasRen( ne Pov>. For more details on FFATA requirements,see www.lsou GENERAL TERMS AND CONDITIONS 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans—FACT, Edition". https://foiti'ess.Wa.gov/ecy/publications/SummaryPages/1401002.htinl b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement,including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECI PIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MOD]FICA'LIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modifications)or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RF,CIPIF,NT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARC11AEOLOGICALAND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid,minimize,or mitigate adverse effects to archeological or cultural resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to W2RCPG-I517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 10 of t7 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent approval by ECOLOGY. RECIPIENT shall: a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work udder this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at(360) 586-3064,in the event historical or cultural artifacts are discovered at a work site. c) Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources,for any capital construction projects prior to the start of any work. d) Comply with RCW 27.53,Archaeological Sites and Resources, for any work performed under this Agreement, as applicable. National Historic Preservation Act(NHPA)may require the RECiP1 ENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local,state,or federal jurisdictions,and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will beat the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible may require approval by ECOLOGY prior to purchase. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms,Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty(30)days aftcr receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services'Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website,http://www.des.wa.gov/services/ContractingPttrchasingBusiness/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at(360)407-8180 or email payeehelpdesk@des.wa.gov. h) ECOLOGY may,at its sole discretion,withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY maybe paid to the RECIPIENT when the work described herein, or a portion thereof,has been completed if,at ECOLOGY's sole discretion,such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as speci fled herein. j) RECIPIENT should submit final requests for compensation within thirty (30)days after the expiration date of this Agreement.Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable Federal, State and local laws, orders,regulations,and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws,regulations,and policies of the United States and the State of Washington which affect wages and job safety. W 2 RC PG-1517-KentPW-00075 Agreement No. W2RCPG-15l7-KentPW-00075 Page I I of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent b) RECIPIENT agrees to be bound by all federal and state laws,regulations,and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT'must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington,it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer,member, agent,or employee, who exercises any function or responsibility in the review,approval,or carrying out of this Agreement,shall not have any personal or financial interest;direct or indirect,nor affect the interest of any corporation,partnership, or association in which he/she is a pail, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction,purchase of goods,equipment,services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal,fair,and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation,and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion, 10. DISPUTES When there is a dispute with regard to the extent and character of the work,or any other matter related to this Agreement the determination of ECOLOGY will govern,although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten(10)business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive,unless within thirty(30)days from the date of such decision,the RECIPIENT furnishes to the Director of ECOLOGY a written appeal,The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal W 2 RCPG-1517-Kcnn"Al 00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 12 of 17 Project Title: 2015-17 CPC Kent INIP Recipient Name: City of Kent Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this contact will be construed to limit the parties'choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTALSTANDARDS a) RECIPIENT'S who collect environmental-monitoring data must provide these data to ECOLOGY using the Environmental Information Management System (HIM). 'to satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://www.eey.wa.gov/eim. b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information Systern (GIS)data are collected and processed. More information and requirements are available at: littp://NN,Ww.ecy.wa.gov/services/gis/data/standards/standat-ds.lum. RECIPIENTS shall provide copies to ECOLOGY of all final GIS data layers, imagery,related tables,raw data collection files,map products,and all metadata and project documentation. c) RECIPIENTS must prepare a Quality Assurance Project Plan(QAPP)when a project involves the collection of '.... environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies,July 2004(Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. I'he size, cost,and complexity of the QAPP should be in proportion to the magnitude of the sampling effort. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in noway be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit,each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees,volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers,or agents of that party and will not for any purpose be employees,volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee,commission,or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES(MWBE) RECIPIENT is encouraged to solicit and recruit,to the extent possible,certified minority-owned(MBE)and W'2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-1517-KentPW-00075 Page 13 of 17 Project Title_ 2015-17 CPG Kent IMP Recipient Name: City of Kent women-owned (W BE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions,when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements,when economically feasible, into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit,which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE)(866-208-1064) and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate, 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein,the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations;(b) Scope of Work; (c) Special Terms and Conditions; (d)Any provisions or terms incorporated herein by reference including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and(e) the General Tenris and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS RECIPIENT shall obtain ECOLOGY's approval for all communication materials or documents related to the fulfillment of this Agreement. Steps for approval: a) Provide a draft copy to ECOLOGY for review and approval ten(10)business days prior to production and distribution of any documents or materials compiled or produced. b) ECOLOGY reviews draft copy and reserves the right to require changes until satisfied. c) Provide ECOLOGY two(2)final copies and an electronic copy of any tangible products developed. Copies include any printed materials,and all tangible products developed such as brochures,manuals,pamphlets, videos,audio tapes, CDs,curriculum,posters,media announcements,or gadgets, such as a refrigerator magnet with a message as well as media announcements, and any other online communication products such as Web pages, blogs, and Twitter campaigns. If it is not practical to provide a copy,then the RECIPIENT must provide a complete description '.. including photographs, drawings, or printouts of the product that best represents the item. RECIPIENT shall include time in their project timeline for ECOLOGY's review and approval process. RECIPIENT shall acknowledge in the materials or documents that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of fiords by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31,April 1 through June 30,July I through September 30, and October 1 through December 31. Reports shall be submitted within thirty(30)days after the end of the quarter being reported. c) RECIPIENT shall submit the Closeout Report within thirty(30)days of the expiration date of the project, unless an W3RCPG-1517-KentPW-00075 Agreement No: W2RCPG-I517-KenlPW-00075 Page 14 of 17 Project Title: 2015-17 CPC Kent IMP Recipient Name City of Kent extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHT'S a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property,the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,nonexclusive, and irrevocable license to reproduce,publish,recover, or otherwise use the material(s) or property,and to authorize others to use the same for federal, state,or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information;present papers,lectures, or seminars involving information supplied by ECOLOGY;or use logos,reports, maps,or other data in printed reports,signs, brochures, pamphlets,etc.,appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement,in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of"Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes,regulations,or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said properly is lost,stolen,or damaged while in the RECIPIENT's possession,then ECOLOGY shall be reimbursed in cash or by setoff by the RFCIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts,and attorney's opinions establishing that the land is free from any impediment,lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the agreement expiration date,the RECIPIENT shall not at any time convert any equipment,property,or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale,lease,or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition,purchase,or construction costs of such property. 21. RECORDS, AUDITS,AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement,including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for auditor inspection by ECOLOGY,or by any duly authorized audit representative of the State of Washington, for a period of at least three(3)years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. W 2RCPG-1517-KentPW-00075 Agreement No: W2RCPG-15 t7-KentPW-00075 Page 15 of 17 Project Title: 2015-17 CPC Kent IMP Recipient Name: City of Kent ECOLOGY reserves the right to audit,or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3)years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative,at all reasonable times, in order to monitor and evaluate performance,compliance, and any other conditions under this Agreement. 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty(30)days of a written notice. Interest will accrue at the rate of twelve percent(12%)per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY,may become ECOLOGY's property and the RE,CIPIENI's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT(SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act(Chapter 43.21 C RCW and Chapter 197-11 WAC)have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time,and without cause,suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems,the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing,hosting low W 2 RC PG-1517-KentPW-00075 Agreeinent No: W2RCPG-15 17-KentPW-00075 Page 10 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment,independently certified green cleaning products,remanufactured toner cartridges,products with reduced packaging, office products that are refillable,rechargeable, and recyclable, and 100%post consumer recycled paper. For more suggestions visit ECOLOGY's web pages: Green Purchasing,http:/hvwcv.ecy.wa.guv/programs/swfa/epp and Sustainability,wv`-A,.ecy.wa.gov/sustainability. 27. TERMINAf10N a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7)calendar days prior written notification to the RECIPIENT,at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or fora material breach of any term or condition. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work.ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four(4) months after the effective date of this Agreement,or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY,to perform any obligation required of it by this Agreement,ECOLOGY may refuse to pay any further fluids,terminate in whole or in part this Agreement,and exercise any other rights under this Agreement. Despite the above,the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement,in whole or in part, for any reason when it is the best interest of ECOLOGY,with a thirty(30)calendar days prior written notification to the RECIPIENT. If this Agreement is so terminated,the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non-Allocation of Funds, ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn,reduced, or limited in any way after the effective date and prior to the completion or expiration date of this agreement,ECOLOGY,at its sole discretion,may elect to terminate the agreement,in whole or part,or renegotiate the agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions. If payments have been discontinued by ECOLOGY due to unavailable funds,the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. W 2RCPG-1517-KentPW-00075 Aa eement No. W2RCPG-15 17-KentPW-00075 Page 17 of 17 Project Title: 2015-17 CPG Kent IMP Recipient Name: City of Kent c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part,at any time, by mutual written agreement. d) In Event of Terinination All finished or unfinished documents,data studies, surveys,drawings,maps, models,photographs,reports or other materials prepared by the RECIPIENT Linder this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all fiords paid to the RECIPIENT in accordance with Recovery of Funds, identified herein '.... 28. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement,the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. W2RCPG-1517-KcntPW-00075 KENT �eNz�� Agenda Item: Consent Calendar — 7E TO: City Council DATE: November 3, 2015 SUBJECT: Local Hazardous Waste Management Program Grant Amendment No. 1 — Authorize MOTION: Authorize the Mayor to accept Amendment No. 1 to the Local Hazardous Waste Management Program extending the 2015 Grant thru the end of 2016, providing $35,082.26 for 2016, and authorizing expenditure of grant funds, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Seattle/King County Health Department's Local Hazardous Waste Management Program Grant, previously an annual grant, is moving to a biennial budget cycle with this Amendment. Funding is intended to help cities protect public health and the environment from toxins and hazardous products and wastes. The grant covers collection of hazardous waste at three special recycling collection events for residents, as described in the attached Grant Agreement's Scope of Work. EXHIBITS: Local Hazardous Waste Management Program Grant Amendment 1 RECOMMENDED BY: Public Works Committee YEA: Fincher, Ralph, Higgins NAY: BUDGET IMPACTS: The City will receive $35,082.26 for 2016. No match is required. The Local Hazardous Waste Management Program grant fully funds the collection of hazardous waste collected at the three events the City hosts each year. This page intentionally left blank. Public Health, Seattle F&King County��11 AMENDMENT PHSKC Agreement #EHS3678 Amendment #1 This Amendment between PHSKC and the Recipient changes the referenced Agreement for the following purpose(s): Extends end date of agreement to 12/31/2016 and adds year two funding of$35,082.26 to continue hazardous waste education activities to protect residents' health and the environment. Recipient Name &Address: City of Kent 220 4h Avenue S Kent, WA 98032-5895 Project Title: Local Hazardous Waste Management Program Effective Date of Amendment: June 1, 2015 Agreement End Date: ❑ No Change X Change to: December 31, 2016 Agreement Amount: ❑ No Change X Change to: $68,862.07 Funding Details: ❑ No Change X Revise the following funding details: Fundinq Source PHSKC Contract# Amount Effective Dates New or Revised County- LHWMP $35,082.26 61112015—1213112016 NEW Funding Summary: ❑ No Change X Revise to read: FEDERAL: $0 COUNTY: $35,082.26 STATE: $0 OTHER: $0 Exhibits: ❑ No Change X Revise as follows: REPLACE following exhibits as attached hereto: • EXHIBIT A—Scope of Work • EXHIBIT B— Budget • EXHIBIT C— Invoice King County Terms &Conditions: X No Change ❑ Revise as follows: All other terms and conditions of the referenced Agreement and any previous Agreement amendment not revised herein shall remain unchanged and in full force and effect. RECIPIENT SIGNATURE PRINTED NAME AND TITLE DATE SIGNED PHSKC SIGNATURE PRINTED NAME AND TITLE DATE SIGNED Ngozi Clew, Environmental Health Division Director EXHIBIT A SCOPE OF WORK AMENDMENT #1 CITY OF KENT 1/1/2015-12/31/2016 Background The Local Hazardous Waste Management Plan (hereafter referred to as the "Plan") as updated in 1997 and 2010, was adopted by the partner agencies (King County Solid Waste Division, Seattle Public Utilities, King County Water and Land Resources Division and the Seattle-King County Department of Public Health) and cities located in King County. The Washington State Department of Ecology in accordance with RCW 70.105.220 subsequently approved the Plan. The City is an active and valued partner in the regional Local Hazardous Waste Management Program (hereafter referred to as the "Program"). The purpose of this Exhibit is to define the relationship associated with the Program's funding of City activities performed under the auspices of the Plan and as approved by the Program's Management Coordination Committee (hereinafter referred to as the "MCC"). This Agreement further defines the responsibilities of the City and Seattle-King County Department of Public Health with respect to the transfer of Program monies. Scope of Work The City of Kent will organize six citywide household hazardous waste collection and recycling events. At these events the following materials will be collected and recycled: motor oil, motor oil filters, petroleum based products, antifreeze, batteries, CFCs and other materials if determined to be cost effective. Responsibilities of the Parties The City 1. The City shall develop and submit project proposals and budget requests to the Program's Contract Administrator. Funds provided to the City by the Local Hazardous Waste Management Program pursuant to this Contract shall be used to implement hazardous waste programs and/or services as approved by the MCC. 2. For reimbursement the City shall submit the following to the Contract Administrator: a) An invoice (see Exhibit C). Invoices should be sent to the Contract Administrator for approval and payment. b) A brief description of activity accomplished and funds expended in accordance with the scope of work. c) Copies of invoices for expenditures or a financial statement prepared by the City's finance department. The financial statements should include vendor EHS3678—Amendment#1 - City of Kent 1 names, a description of services provided, date paid and a check or warrant number. 3. The City shall notify the Contract Administrator no later than December 15a' regarding the amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 4. It is the responsibility of the City to comply with all applicable county, state and/or federal reporting requirements with respect to the collection and transfer of moderate risk wastes. The City shall report to the Contract Administrator the quantity, by type, of moderate risk waste collected using Program funds. The City shall also provide the Contract Administrator with copies of EPA's Non-Hazardous Waste Manifest or similar form, associated with the transport of moderate risk waste collected through Program-funded events. 5. The City is solely responsible for any and all spills, leaks or other emergencies arising at the facilities associated with the City's events or in any other way associated with activities conducted within the scope of this Contract. hi the event of a spill or other emergency, the City is responsible for complying with all applicable laws and regulations. 6. The City agrees to appropriately acknowledge the Program in all media produced—in part or in whole—with Program funds. The intent of this provision is to further strengthen this regional partnership in the public's mind. 7. The City agrees to provide the Program with copies of all media material produced for local hazardous waste management events or activities that have been funded by the Program. The City also agrees to allow the Program to reproduce media materials created with Program money provided that the Program credits the City as the originator of that material. 8. This project shall be administered by Gina Hungerford at the City of Kent, 220 Fourth Ave. S, Kent at(253) 856-5549, (ghungerford(okentwa.gov) or her designee. 9. Questions or concerns regarding any issue associated with this Exhibit that cannot be handled by the Contract Administrator should be referred to the LHWMP Program Director for resolution. Seattle-King Countv Department of Public Health 1. Seattle-King County Department of Public Health shall administer, via the attached Contract,the transfer of Program funds to the City for hazardous waste management events and activities. 2. Within ten (10) working days of receiving a request for reimbursement from the City, the Contract Administrator shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The Contract Administrator will not authorize payment for activities and/or expenditures that are not included in the scope of work, unless the scope has been amended. The Contract Administrator retains the right to withhold all or partial payment if the City's invoices are incomplete (e.g. they do not include proper documentation of expenditures for which reimbursement is being requested) or are not consistent with the submitted scope of work. EHS3678—Amendment#1 - City of Kent 2 Program Contacts Lynda Ransley Paul Shallow LHWMP Program Director LHWMP Contract Administrator 150 Nickerson Street, Suite 204 401 Fifth Ave., Suite 1100 Seattle WA 98109 Seattle WA 98104 206-352-8163 206-263-8487 lynda.ransleyAkingcounty.gov Paul.shallowAkingcounty.gov EHS3678—Amendment#1 - City of Kent 3 EXHIBIT B 2015-2016 BUDGET LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM City of Kent 220 Fourth Ave. S Kent, WA 98032 Component Description 2015 Budget 2016 Budget Total Household Hazardous Waste Education Household Hazardous $33,779.81 $35,082.26 $68,862.07 Waste Collection TOTAL $33,779.81 $35,082.26 $68,862.07 Footnote: The 2015 and 2016 budgets can be partly or totally spend in either 2015 and/or 2016 but cannot exceed the budget total in these two years. EHS3678—Amendment#1 -City of Kent INVOICE Contract Number: EHS3678 King County Accounts Payable Information Exhibit: C Purchase Order# Amendment#1 Supplier Name City of Kent Remit to:City of Kent Supplier# 1585 220 Fourth Avenue South Supplier Pay Site City of Kent Kent WA 98032 Invoice Date Gina Hungerford Invoice# 253-856-5549 Amount to be Paid Rhungerford@kentwa.gov Note to AP Print on Remittance Paul Shallow 206-263- Submit signed invoice to: LHW Program name&phone 8487 Paul Shallow Public Health - Seattle & King County Local Hazardous Waste Management Program 401 Fifth Ave., Suite 1100 Seattle, WA 98104 206-263-8487 paul.shallow@kingcounty.gov Invoice for services rendered under this contract for the period of: Total Current Previous Expenditure Item 2016 Budget Expenditure Expenditure Balance HHW Education HHW Collection 68,862.07 22,519.87 $46,342.20 TOTAL 68,862.07 $22,519.87 $46,342.20 I,the undersigned,do hereby certify under penalty of perjury, that this is a true and correct claim for reimbursement services rendered. I understand that any false claims,statements, documents, or concealment of material fact may be prosecuted under applicable Federal and State laws.This certification includes any attachments which serve as supporting documentation to this reimbursement request. Signed Date Contract Administrator Approval Date Print Name KE• NT Agenda Item: Consent Calendar — 7F TO: City Council DATE: November 3, 2015 SUBJECT: 2015 Third Quarter Fee-in-lieu Funds — Accept MOTION: Accept $46,350.00 for Fee-in-Lieu funds and amend the Community Parks Reinvestment Program budget for future expenditures in the Morrill Meadows Park budget. SUMMARY: Between July and September 2015 the City of Kent received a total of $46,350 for fee in lieu funds from John Baringer of Geonerco Properties WA LLC, who voluntarily paid a fee in lieu of dedicating park land to mitigate the development of 17 lots in the Park Place Subdivision located at 100TH Ave SE & SE 244TH Street. The funds will be used at Morrill Meadows Park. EXHIBITS: Copy of Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger, Fincher, Boyce NAY: BUDGET IMPACT: Revenue and expense impact of $46,350 to Morrill Meadows Park budget This page intentionally left blank. U N N � N K M Q � JQ N Ulm O � N N � ro a E E 0 u U `O `O a c d m m c O o a` a O U U d A C N O N O D a m E T � o Z v N C N J O M U N � U � N a J h A a w N 0 0o O 0 C N N O O M � N t m U N � O m M m u v U � O (p O Y _ � m m O ry N F � � C O O O O J N U ydj O � G1 m a d � a ' N N O N O N M a � � j N N Z N O � C7 p u a � C7 ¢ This page intentionally left blank. al\, K EN TT Agenda Item: Consent Calendar — 7G TO: City Council DATE: November 3, 2015 SUBJECT: 2016 Community Development Block Grant Annual Action Plan - Approve MOTION: Approve the proposed Community Development Block Grant 2016 Annual Action Plan, including funding allocations and contingency plans, and authorize the Mayor to execute the appropriate certifications and agreements. SUMMARY: The City of Kent receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) as an Entitlement City. To receive this funding, the City is required to submit a Five-Year Consolidated Plan for Housing & Community Development. The City's Consolidated Plan is in effect from 2015-2019. Prior to the beginning of each year of the Consolidated Plan, the City must inform HUD and the community of the specific actions that the City will execute to implement the objectives and strategies of the Consolidated Plan; this is outlined in the 2016 Action Plan. The Action Plan also includes the allocation of estimated resources that will be used to carry out the objectives and strategies, and a description of each program that will receive funds. The City recommended that a major portion of CDBG funds be used to support the City's Home Repair Program. This program serves many low-income, disabled and senior homeowners in Kent by providing needed repairs. The program also ensures that a portion of Kent's low/moderate-income housing stock is maintained and preserved. Citizen Participation: On October 1, 2015, the City of Kent published a public notice on its website and informed the community, organizations, and stakeholders that the Draft 2016 CDBG Annual Action Plan was available for review and comment for a period of thirty (30) days. On October 15, 2015, the Human Services Commission held a public hearing for the purpose of taking comments on the 2016 Annual Action Plan. Human Services Commission Recommendations: The Human Services Commission reviewed and approved recommendations for CDBG funding for 2016. EXHIBITS: A) City of Kent 2016 Annual Action Plan B) Application for Federal Assistance C) CDBG Certifications RECOMMENDED BY: Parks and Human Services Committee YEA: Ranniger, Fincher, Boyce NAY: BUDGET IMPACT: The estimate of $969,886.00 may increase or decrease depending upon the final federal appropriations bill Congress passes. 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Families families that will benefit from the assisted consist of seniors and low/moderate-income proposed activities residents. Location Description Throughout the city of Kent Planned Activities Minor and major home repairs 2 Project Name Planning and Administration Target Area Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG: $193,977 Description City uses funds to administer the CDBG project carried out by the City,to monitor sub-recipients, and to deliver strategies outlined in the 2015-2019 Consolidated Plan. Target Date 12/31/2016 Estimate the number and type of N/A families that will benefit from the proposed activities Location Description City of Kent Planned Activities Management of the CDBG Program and implementation of the goals and strategies of the Annual Action Plan 2 The City is increasing the Home Repair Program allocation in 2016;however, 10%of the allocation may be moved to the Energy Efficient Housing Program (Project 11)if warranted. It is permissible to move 10%between line items without a budget amendment. Annual Action Plan 8 2016 OMB Control No:2506-0117(exp.07/31/2015) 3 Project Name Catholic Community Services-Katherine's House Target Area Goals Supported Affordable Housing to homeless and those at risk Needs Addressed Affordable Housing Funding CDBG: $11,182 Description Public Service: Sub-recipient provides shelter and case management services to women residing in transitional shelter Target Date 12/31/2016 Estimate the number and type of families One woman in recovery will benefit from transitional that will benefit from the proposed housing(79 bed nights). activities Location Description Kent, WA Planned Activities Transitional housing is provided for women in recovery. 4 Project Name Multi-Service Center-Housing Stability Target Area Goals Supported Basic Needs Needs Addressed Basic Needs Services Funding CDBG: $65,391 Description Public Service: Funding used for housing stability grants to low-income individuals Target Date 12/31/2016 Estimate the number and type of families It is estimated that 44 individuals will benefit. that will benefit from the proposed activities Location Description Individuals reside in rental housing located throughout Kent Planned Activities Public Service: Funding used for housing stability grants to low-income individuals Annual Action Plan 9 2016 OMB Control No:2506-0117(exp.07/31/2015) 5 Project Name Refugee Women's Alliance-Case Management& Emergency Assistance Target Area Goals Supported Basic Needs Needs Addressed Basic Needs Services Funding CDBG: $16,182 Description Public Service: Funds emergency assistance and case management services to refugees living in Kent Target Date 12/31/2016 Estimate the number and type of It is estimated that eight (8) immigrant and refugee families families thatwill benefit from the will benefit from this activity. proposed activities Location Description Individuals live throughout the city. Planned Activities Emergency assistance grants and case management to refugees and immigrants residing in Kent 6 Project Name Refugee Women's Alliance-Senior Meals Target Area Goals Supported Decrease isolation of at-risk seniors Needs Addressed Services for at risk seniors Funding CDBG: $11,182 Description Public Service: Project provides meals and a wellness program to refugee seniors residing in Kent Target Date 12/31/2016 Estimate the number and type of This activity will benefit 24 seniors. families that will benefit from the proposed activities Location Description King County Housing Authority, Birch Creek Apartments, located on Kent East Hill at 27360129th PI SE Planned Activities Project provides socialization, nutrition and wellness services for refugee seniors from Bhutan, Somalia and other populations that moved to Kent over the last three to eight yea rs Annual Action Plan 10 2016 OMB Control No:2506-0117(exp.07/31/2015) 7 Project Name Open Doors for Multicultural Families Target Area Goals Supported Basic Needs Needs Addressed Basic Needs Services Funding CDBG: $11,182 Description This project provides case management services to youth with intellectual disabilities and their families. Target Date 12/31/2016 Estimate the number and type of families This activity will benefit 22 individuals. that will benefit from the proposed activities Location Description Activities will be provided in Kent Planned Activities Case management services to youth with intellectual disabilities and their families 8 Project Name St. Stephen Housing Association Target Area Goals Supported Affordable Housing to homeless and those at risk Needs Addressed Affordable Housing Funding CDBG: $11,182 Description Temporary housing to homeless families Target Date 12/31/2016 Estimate the number and type of families This activity will benefit 25 individuals and five thatwill benefit from the proposed households. activities Location Description Transitional housing facility at 3529 S. 239th Street, Kent,WA Planned Activities Transitional housing for five homeless families (25 individuals) Annual Action Plan 11 2016 OMB Control No:2506-0117(exp.07/31/2015) 9 Project Name YWCA-Anita Vista Transitional Housing Target Area Goals Supported Affordable Housing to homeless and those at risk Needs Addressed Affordable Housing Funding CDBG: $19,182 Description Public Service: Project provides transitional housing to domestic violence survivors Target Date 12/31/2016 Estimate the number and type of 14 families that are domestic violence survivors families thatwill benefit from the proposed activities Location Description Confidential location Planned Activities Transitional housing for victims of domestic violence and their children. 10 project Name City of Kent-Energy Efficient Housing Program Target Area Goals Supported Affordable Housing to homeless and those at risk Needs Addressed Affordable Housing Funding CDBG: $100,000 Description Energy efficient appliances and weatherization upgrades to decrease energy bills in Kent households Target Date 12/31/2016 Estimate the number and type of This project will benefit 7 households in Kent. families thatwill benefit from the proposed activities Location Description This is a pilot project; therefore,the City may target a neighborhood(s) or provide this service throughout the jurisdiction. Planned Activities Energy efficient improvements to houses located in the City of Kent Annual Action Plan 12 2016 OMB Control No:2506-0117(exp.07/31/2015) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration)where assistance will be directed CDBG funds are distributed throughout the city. Low/moderate-income households exist in all of the census tracts in the city. The heavier concentrations can be found on both the East and West Hill of Kent. Geographic Distribution Target Area Percentage of Funds Table 4-Geographic Distribution Rationale for the priorities for allocating investments geographically Apart from its discretion in the Energy Efficient Project, the City is allocating investments throughout Kent because poverty is concentrated in multiple areas. Discussion Poverty is high in pockets throughout the City (over 20%),and 52%of children in the Kent School District qualify for free and reduced lunches. Unemployment and dependence on public assistance has forced many households to use public services for basic needs; including food, utility assistance, rental assistance, medical services, etc. The increased need and high volume of usage dictates the availability of services to all low/moderate-income households in the City of Kent. Annual Action Plan 13 2016 OMB Control No:2506-0117(exp.07/31/2015) AP-85 Other Actions - 91.420, 91.220(k) Introduction The City of Kent will enhance coordination by continuing to work with racial and ethnic minority providers to develop strategies that increase collaboration and leveraging of resources. The City of Kent will continue work to reduce the number of families in poverty through micro- enterprise training, maintaining relationships with local training schools,encouraging business to hire low-income residents,encouraging and supporting collaboration between employment specialists and seeking additional funding to develop collaborative strategies to increase opportunities for low-income residents to obtain livable wage jobs. The City of Kent is committed to maintaining the affordable housing stock in our community. Using CDBG funds for the Home Repair and Energy Efficient Program allows home owners to maintain their homes and preserve housing stock. Actions planned to address obstacles to meeting underserved needs Kent is one of the most racially and ethnically diverse cities in the State of Washington-over 138 languages are spoken in the Kent School District. Consequently,the City is actively engaged with refugee and immigrant communities and communities of color through the Kent Cultural Diversity Initiative Group (KC-DIG) and other initiatives. The City will continue to partner with regional funders like The Seattle Foundation, King County,and United Way of King County to increase resources and funding to meet the needs of underserved populations. Moreover, community engagement will continue to bean area of focus. For example,the City launched a Community Engagement(CE) Initiative in 2015. The goals of CE are: (1) to increase civic engagement; and (2) to increase accessibility between the City and the multicultural communities in the City. In addition, the Human Services Commission held a retreat in 2015 to learn about the culture,strengths and needs of the newer and Limited-English Proficient populations residing in Kent. These populations are often disproportionally impacted by poverty and education disparities, and the City continues to partner and collaborate with organizations and business to increase economic opportunities for these residents and/or the low/moderate-income. Actions planned to foster and maintain affordable housing The City will continue its long-term collaboration and participation on Boards, committees, funding review teams; etc.,to foster and maintain affordable housing for the South County Region. Through sub- regional efforts, City staff and stakeholders will engage in discussions with elected officials and Land Use and Planning Board members about the impact that affordable housing has on the long term viability of the community. Annual Action Plan 14 2016 OMB Control No:2506-0117(exp.07/31/2015) Actions planned to reduce lead-based paint hazards No actions are planned. Actions planned to reduce the number of poverty-level families Actions to reduce the number of poverty level families includes maintaining relationships with local training schools, encouraging business to hire low-income residents, and leveraging other funding sources to increase opportunities for low-income residents to obtain livable wage jobs. Additionally, City has joined with other jurisdictions, the University of Washington, the Brookings Institute and other organizations to develop a regional strategy to reduce poverty. Actions planned to develop institutional structure No actions are planned. Actions planned to enhance coordination between public and private housing and social service agencies The City has been instrumental in developing relationships between public and private housing and social service agencies and will continue to foster and participate in these collaborations, including the Homeless Forum (a monthly meeting of housing and support service providers), South King Council of Human Services, South King County Housing Development Group,and the King County Housing Development Consortium. Discussion Through its many actions, the City is well-positioned to accomplish the goals outlined in the Annual Action Plan. Annual Action Plan 15 2016 OMB Control No:2506-0117(exp.07/31/2015) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(1)(1,2,4) Introduction The City of Kent will use CDBG funds to benefit low/moderate-income residents. The full amount allowable by regulation will be used for Public Services and Planning and Administration. The balance of funds will be used for housing rehabilitation services and economic development. The City will not receive program income from prior years. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1.The amount of urgent need activities 0 2.The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% Annual Action Plan 16 2016 OMB Control No:2506-0117(exp.07/31/2015) Discussion The City will use all of its funds to benefit low/moderate-income individuals and households. Annual Action Plan 17 2016 OMB Control No:2506-0117(exp.07/31/2015) APPLICATION FOR OMB Approval No. 0348-0043 FEDERAL ASSISTANCE 2.DATE SUBMITTED Applicant Identifier December 10, 2015 DUNS #: 02-025-3613 1.TYPE OF SUBMISSION: 3.DATE RECEIVED BY STATE State Application Identifier A plication Preapplication Construction ❑Construction 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 0 Non-Construction ❑ Non-Construction 5.APPLICANT INFORMATION Legal Name: Organizational Unit: City of Kent Parks, Recreation & Community Serv. Address(give city, county, State,and zip code): Name and telephone number of person to be contacted on matters involvin 220 4th Ave. S this application(give area code) Kent, WA 98032 Merina Hanson, 253-856-5077 6.EMPLOYER IDENTIFICATION NUMBER(EIN): 7.TYPE OF APPLICANT:(enter appropriate letterin box) �� ������� A.State H. Independent School Dist. 8.TYPE OF APPLICATION: B.County I. State Controlled Institution of Higher Learning ❑ New ®Continuation ❑ Revision C. Municipal J. Private University D.Township K. Indian Tribe If Revision,enter appropriate letter(s)in box(es) ❑ ❑ E. Interstate L. Individual F. Intermunicipal M. Profit Organization A. Increase Award B. Decrease Award C. Increase Duration G. Special District N.Other(Specify) D. Decrease Duration Other(specify): 9.NAME OF FEDERAL AGENCY: Department of Housing and Urban Development(HUD) 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 1❑® [2][1]® CDBG Entitlement Grant TITLE: CDBG Entitlement Grant 12.AREAS AFFECTED BY PROJECT(Cities, Counties, States, etc.): City of Kent, King County, Washington State 13. PROPOSED PROJECT 14.CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a.Applicant b. Project 1/1/16 1 12/31/16 8th Congressional Dist/9th Congressional Dist. Same 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal $ 00 969,886 a.YES. THIS PREAPPLICATION/APPLICATION WAS MADE b.Applicant $ .00 AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: c.State $ 00 DATE d. Local $ 00 b. No. 0 PROGRAM IS NOT COVERED BY E.O. 12372 e.Other $ .00 ❑OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program Income $ 00 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g.TOTAL $ 00 969,886 ❑Yes If"Yes,"attach an explanation. ® No 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a.Type Name of Authorized Representative b.Title c. Telephone Number Suzette Cooke Mayor (253) 856-5700 d.Signature of Authorized Representative e. Date Signed Previous Edition Usable Standard Form 424(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 2016 CONSOLIDATED PLAN CERTIFICATIONS CERTIFICATIONS In accordance with statutes and the regulations governing Consolidated Plan regulations, the City of Kent certifies that: Affirmatively Further Fair Housing — The City of Kent will affirmatively further fair housing, conducting an analysis of impediments to fair housing choice within the jurisdiction, developing strategies and taking appropriate actions to overcome the effects of any impediments identified through the analysis, and maintaining records reflecting the analysis and actions taken to further the strategies and actions. Anti-displacement and Relocation Plan — The City of Kent will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti- displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace — The City of Kent will continue to provide a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701) by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Maintaining an ongoing drug-free awareness to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace. (c) Available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Establishing a policy that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying each employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will: (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying HUD in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant. 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. 8. Providing the street address, city, county, state and zip code for the site or sites where the performance of work in connection with the grant will take place. For functions carried out by employees in several departments or offices, more than one location will be specified. It is further recognized that sites may be added or changed during the course of grant-funded activities. The City of Kent will advise the HUD Field Office by submitting a revised Place of Performance form. The City of Kent recognizes that the period covered by this certification extends until all funds under the specific grant have been expended. Anti-Lobbying — To the best of the City of Kent's knowledge and belief: 1. No Federally appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction — The Consolidated Plan is authorized under State and local law (as applicable) and the City of Kent possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan — The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 — It will comply with Section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Mayor Suzette Cooke APPROVED AS TO FORM: Kent Law Department Specific CDBG Certifications The City of Kent, as an Entitlement Community, certifies that: Citizen Participation — It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan — Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the statute authorizing the CDBG program, as described in 24 CFR 570.2 and 24 CFR, Part 570. Following the Consolidated Plan — It will follow the five year-Consolidated Plan as approved by HUD. Use of Funds — It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, the City of Kent certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available to meet such needs; 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year 2016 shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. The City of Kent will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment Excessive Force — It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non- violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws — The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint — The City of Kent's notification, inspection, testing and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR 570.608; Compliance with Laws — It will comply with applicable laws. Signature/Authorized Official Date Mayor Suzette Cooke APPROVED AS TO FORM: Kent Law Department APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification 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 is 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. B. Drug-Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the City of Kent is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug- Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug- free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the HUD of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) City of Kent 220 4th Avenue South Kent, WA 98032 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR, Part 24, Subpart F. 7. Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendre) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (I) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). This page intentionally left blank. OTHER BUSINESS This page intentionally left blank. BIDS 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: 11/03/15 TO: Mayor Cooke Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, November 3, 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 • The Kent City Council's next budget workshop is in mid-November. Key issues are the use of banked property tax capacity and the use of newly-available utility tax dollars for parks and place-making projects. • Chief Administrative Officer Derek Matheson and Parks Director Jeff Watling will update the council on the space efficiency study on Tuesday, November 17. ARC Architects have concluded that the city can meet the Police Department's medium-term space needs and improve the efficiency of other departments by reallocating some work groups among the approximately 125,000 square feet in City Hall, Centennial Center, the Police Department, and the Annex. • Karras Consulting began human resources director recruitment last week. The announcement will be noted on the Karras website at KarrasConsulting.net. • Council Administrative Assistant Jennifer Hays continues to work with Derek and Council President Dana Ralph on a template for new councilmember orientation in December. • City lobbyist Doug Levy met with departments last week as a first step toward crafting the city's 2016 legislative agenda. • Councilmembers interested in serving on one or more Sound Cities Association- appointed regional committees need to submit a nomination form by Thursday, November 12. • The Office of the Attorney and Human Resources staff provided a training to departments on recent personnel policy revisions, which included a new standard for customer service for City employees regarding phone/email response times and planned absences from the office. If staff are going to be out of the office for more than one day, please set up messages to advise customers of absence, return date if known and another employee who will act as an alternate contact. The Policy, 2.29, can be viewed under Personnel Policies in CitySpace. Page 1 of 7 ECONOMIC AND COMMUNITY DEVELOPMENT • Last week, the Sound Transit Board of Directors at their monthly meeting voiced their support for the recommendation of the Kent/DeMoines Link Light Rail Station location stakeholders group to location this station in Kent at 30th Ave South. This was Kent's preferred location because it maximizes the opportunity for the station to be a catalyst for attracting Transit Oriented Development and achieve the vision of the Envision Midway Subarea Plan. Highline College administration and student representatives joined in supporting this recommendation if it also included the development of a strong, safe, and active boulevard-like connection between the station and the college. The City strongly agrees with this addition. Kudos go to Charlene Anderson and Haley Bonsteel in ECD who each played key roles in laying groundwork with staff from neighboring cities and transit advocates to also support this preferred station location. Over the next year, staff will be working with Sound Transit staff and the stakeholders on further planning of Link Light Rail and negotiation of a development agreement to guide its permitting and construction. Sound Transit Board will make a final decision on the Light Rail Alignment and Station location next year. This is big news for the future of Kent's West Hill. • Brennan Taylor, Jon Giles, Garin Lee (Parks) and Theresa Dusek (City's consulting biologist) met with Mike Westra of Evergreen Mountain Bike Alliance yesterday at the Duthie Hill Park site. Discussion included the mountain bike trail design techniques and construction methods that were used at the park and how that may apply to the Kent Side Hill site and review of one portion of a trail that cuts through the large onsite wetland and different ways of dealing with wetland and buffer encroachments. Everyone agreed the next step was for the same group to meet within the next two weeks at the Kent site to identify challenges and opportunities that the Kent site offers. FINANCE The department is gearing up for 2015 year-end. The year-end process will begin in earnest in November and December with trainings for some of our updated processes designed to help smooth the overall process. Staff have informally communicated to SAO (State Auditor's Office) that our goal for completion of the City's 2015 financial statement and notes is April 20, at which point SAO will begin their audit process in earnest. The year-end process is extremely important as well as rigorous with demanding deadlines. Finance partners with and relies heavily on other City departments to help with a successful close. HUMAN RESOURCES The City would like to welcome our new Hires as of October 16: o Christopher Aragon, Parks-Facilities Management, Custodian o Evan Emry, Public Works Operations-Street, Maintenance Worker II o Michelle Ferguson, Finance, Senior Financial Analyst o Kirk Fitzharris, Parks-Facilities Management, Custodian o Clayton Grubb, Police — Training/Personnel, Police Patrol Officer o ]earl Williams, Public Works Operations-Street, Maintenance Worker II Page 2 of 7 LAW • The October jury week started with 107 cases. Twenty-four were confirmed for trial. After continuances and other dismissals, we had an 87% plea rate, leaving four jury trials. This represents our highest volume of scheduled trial cases (though not actual trials) for any month in 12 years. In the process, we helped a domestic violence victim and her children get into a safe house. • Our office cooperated with Economic and Community Development department staff to draft a comprehensive ordinance to provide more flexibility for the citing and permitting of Accessory Dwelling Units (ADUs), which will go to public hearing before the Land Use and Planning Board October 26. The draft ordinance also contains a number of minor 'cleanup' changes, as it amends three different chapters in the Zoning Code. • Pat Fitzpatrick, doing his part for community outreach, hosted five Advanced Placement Government high school students for a job shadow. They attended Kent Municipal Court proceedings, spent time in the City Attorney's Office and discussed constitutional law issues with Mr. Fitzpatrick. • Tammy White gave a training with the Human Resources Department to train staff on recent personnel policy revisions, including the City's text messaging policy, due to recent case law interpreting the Public Records Act. • On an invitation from the state records archivist, Tammy attended a meeting with area records retention folks and a representative from the state archives to discuss amending several records series on the state retention schedules. MUNICIPAL COURT On October 27, Judge Jorgensen gave a presentation to the Kent Rotary - Sunrise Club entitled: "Ferguson and the Courts". The presentation focused on how Ferguson municipal court practices violated the Constitution and undermined police legitimacy and community trust. She also discussed how Washington and Kent Municipal Court addresses due process and access to justice issues. PARKS, RECREATION, AND COMMUNITY SERVICES • Parks Planning and Development staff completed and opened the Green River trail that was part of the Riverview Park project that addressed drainage issues and relocating the Green River Trail to have it wind through the park. The annual Arbor Day event was held at Riverview on Oct. 17 with 60 volunteers, as well as the Mayor and Councilmembers Ralph, Higgins, Fincher, and Barrios. In celebration of the city's 125th birthday, everyone helped to plant 125 native cottonwoods along the river, as well as some ornamental trees in the park. • The 4th Annual Green Kent Day was held on Saturday, October 24 at the Green River Natural Resources Area. One hundred and thirty four volunteers attended the event, and helped install 1,679 plants and spread 5 yards of mulch. • The Kenny Endo Contemporary Ensemble performed at Kent-Meridian Performing Arts Center on Friday, October 16 to a crowd of 200 enthusiastic people. Kenny and his guest artists also presented a lecture/demonstration to more than 200 music and drama students at Kent-Meridian High School during a school-day assembly program. The students learned about Japanese Taiko drumming, world music, and jazz. This performance and educational outreach were made possible in part by grants from WESTAF and the Washington State Arts Commission. Page 3 of 7 • Kent Parks Youth Soccer program is keeping the youth of our community busy during the fall season with practice and games taking place six days a week. Wilson Playfield hosts Game Day every Saturday in September and October which involves over 1,000 participants giving their best on the field. Combined attendance with spectators and participants is over 2,000 for the day. Parents appreciate the social and health benefits the program promotes. • Kent Commons Community Center continues to promote connections for citizens of the community. There are many cultural events that are held at the center. Indo-American Center and the Dia de los Muertos (Folklore Mexicano) booked events in October that drew hundreds of citizens to the community center for fun and festivities. • The Senior Activity Center held its first Karaoke Bingo Fundraiser Wednesday, October 14. Between each bingo session singers led group karaoke sing-alongs. Prizes were provided by Talbot Center for Healthcare and Rehabilitation. The $5 lunch included two sandwich options, salad and dessert and four games of bingo. There were over 100 participants who raised $600 to support the center's lunch program. • The Riverbend Golf Complex Remodel Project is going well. Framing and rough-in wiring for the new office and store room is complete. The bar wiring and plumbing connecting to the dining area was removed, and the burglar and fire alarms are being worked on in preparation for the new HVAC equipment. POLICE • Staff Changes — Hiring/Retirement/Recruitment/Leaves/Promotions o Conditional offer made to entry level candidate Chellsi James o Matt Armstrong promoted to Corrections Sergeant o Records Supervisor interviews completed. Promotion to be made on November 01. • Significant Activities / Arrests / Investigations o There was a robbery/stabbing at Lake Meridian Park on October 16 over a property dispute. The suspect and victim knew each other. o There was a robbery with a knife displayed at Metro Transit Station Park and Ride — Lincoln on October 18. o On October 25, police responded to a domestic issue involving a hammer at the East Hill Apts. A female woke up to her husband assaulting her with a hammer. Their adult children intervened and stopped the assault. Both husband and wife went to the hospital for non-life-threatening injuries and the husband was arrested. • Major Patrol Emphasis o Patrol emphasis was conducted on October 14 at Union Pacific Railroad Crossing, which resulted in 38 Crossing Infractions, 25 Other Infractions, three Traffic Arrests and six Verbal Warnings. o Kent Station and 104/256 vehicle prowls - Patrol officers are spending extra time in these areas to thwart additional crimes. o Great Wall Shopping Mall vehicle prowls - NRT (Neighborhood Response Team) and Patrol Commander are working with the manager to reduce the issues. Several proactive and confidential efforts being made. Page 4 of 7 Events / Awards o Letter of Commendation was awarded to Sergeant Thompson and Officers M. Williams, Stafford, Misterek, Hale, Yagi, Tung and K-9 Kato for assisting Fife PD on an armed robbery call within their city. The two suspects were apprehended in the City of Kent. o Letters of Commendation awarded to Officers Waldo, Wheeler, Workman, Stewart, Moore, M. Rausch for the investigation and apprehension of an armed robbery suspect. PUBLIC WORKS • Street Maintenance: Prep for paving the walking trail at Golf Course on Meeker, Clean Mill Creek Slab Bridge Deck, Clean Island on 272nd west of I-5 • Signs, Markings & Litter Removal: Thermoplastic inventory — School crosswalks, city wide, Remove debris on 277th St Corridor top to bottom, Kent Kangley from 132nd, finish Kent Kangley to 104th Ave SE, Install block watch signs on 116th Ave SE and SE 196th St, 116 Ave SE & SE 220 St • Water Veg: Mow and trim at Clark Springs, Guiberson, Webster Park, and Pump Station 5. • Wetland Mitigation Crew: Clean up, staging and sow seeds at GRNRA nursery; Pump station mitigation-planting at GRNRA interior trails near middle tower • Sidearm Mowers: 148th, from 256th to 240th, 148th from 256th to 240th and on 256th from 132nd to 116th, Military Road, 30th Ave S and 240th to Pacific Hwy • Wetland maintenance crew: Inspect service requests, Pump Station Mitigation Planting at GRNRA • Street Maintenance: Spot weed, trim, and remove litter at traffic islands on 256th; Mow, line trim, and pick up litter near LA Fitness, 4th and Willis, 212th at West Valley to Green river bridge, and West Valley from 200th to 212th; Clear leaves from sidewalks and pathways on 64th from James to 212th; Line trim, and pick up litter at rock wall on Willis and Central • Holding Pond Crew: Perform maintenance at: Country Club N Division 2, Country Club N, Park View, Loe Estates, Loe Estates Division 1, Pacific Park, Taylor's Glen, Lindental maple and cottonwood removal at SE 265th Ct and 118th Way SE • Water Source & Supply/SCADA: Kent Springs chlorine & sodium fluoride feed line installation (upgrade to current system), Winterizing water sample stations out in distribution system, Work with USGS on equipment change over at Rock Creek Gauging Station (Clark Springs), Pump Station #5 programming changes • Mains & Services: Dead end main flushing (589 dead ends system wide), Replace water service at 12144 274th St. • Hydrants & Large Meters: Hydrant repair at 236th PI. & 88th, Hydrant replacement at 24700 38th Ave S., Replace 4-inch meter at Crystal Springs, Hydrant operations sections 623 (100th to 116th, and 240th to Kent Kangley) & 626 (259th to Green River Bridge, and Central Ave to Green River Road) • Storm: Vactor Winter prep on East Valley and 200th • Sewer: Replace lids at Harrison and 4th, 84th and 216th, 216th, Stratford Arms 256th and at The Village, TV Existing Sewer and new Project Sunrise Meadows Page 5 of 7 • Warehouse: Clean and straighten up the yards and prep for inventory, Start to remove junk in the Warehouse prior to remodel. • Radio Shop: Finish the first wave of the Repeater Project, Wire in light bar / direction stick on 5401 (sewer truck), Swap equipment from 2 PD parking enforcement vehicles • Fleet Shop: Paint debris box for storm, Prepare sanders and plows for winter, 14 Police Tahoe's, 6 detective & 4 traffic vehicles for service and required repairs, Install new arm on Valve turning machine • Design: o Investigating options for filling the funding gap for the Kent Regional Trails Connector project. o HDR selected as structural consultant for the S. 228th Street Union Pacific Railroad Grade Separation Project. o Received Notice of Award from WSDOT for the $15,000,000 grant from the WA State Legislature. o Incorporating final Design review comments into specs and plans for the Armstrong Springs project. o Completing paperwork from the WA State Dept of Commerce for the $500,000 from the state legislature for the S. 228th Street Bicycle facility. o Working on permitting and design for the 72nd Avenue Improvement Project. o Design review plans were received from consultant for the Pacific Highway South traffic island landscaping and irrigation project. o Progressing with design on the 1st Ave - Smith to James Street project. Funding in the amount of $272,000 for this project is included in the state budget. o Preparing final design plans and specs for Phase 1A of the S. 224th Street Improvement Project. Responding to TIB on clarifications on the Value Engineering Study. o Drafting interlocal agreement with King County Flood Control District for the Milwaukee II Levee. o Tracking with King County for follow-up for geotechnical investigations for the East Valley Highway slump. Land Survey: Construction Surveying: Central Ave. South Improvements, Upper Russell Road Levee, Briscoe Reach 2, 3 & 4, Design Surveying: S. 224th Corridor, Meridian Valley Creek Erosion, Foster Park, Armstrong Springs Generator, Professional Services: ECD Submittal Reviews, Right of Way Mapping: 228th UPRR Grade Separation, GIS: layer mapping Construction: Central Ave S: Sewer main relining from Willis St to the Green River Bridge is complete, Tree removal and concrete flatwork demolition/removal is ongoing on the W side of Central Ave between SE 259th and Willis St., Water main installation from Willis St to SE 259th will begin in November. o SR 516 to S 231st Way Levee Improvements, Russell Rd Upper Levee — South Reach: Cool/wet weather has created conditions that will not allow the contractor to complete the levee fill embankment this season. This work is approximately 85% complete, remainder will be completed as the daily temperatures increase in the late spring. 0 2015 Asphalt Overlay: Final casting adjustments and the installation of plastic markings are complete at all locations. Sign revisions are in progress, and our request for final walk-thru is forthcoming. Page 6 of 7 o W. Gowe St: Final overlay paving is complete. Striping, tree planting, and casting adjustments are all complete. The contractor will proceed with some minor cleanup items and then we will request final walk-thru. o North Park Drainage Improvements: This work is proceeding and should be complete next week as weather permits completing the added paving. o Briscoe-Desimone Levee — Reach 4: Wall footing concrete placement is complete. The trail closure with a detour route is in effect until project completion. 0 76th Ave S Drainage Improvements: Scheduling the preconstruction meeting. Transportation: Restored power to the 15 street lights that had been upgraded to the new LED fixtures and were not working, LED street light conversions are proceeding on schedule with approximately 70% of the project completed. Environmental: Prepping for kick off meeting for the First Ave. S Drainage Improvements, Coordinating with construction on beginning 76th Ave. S. Drainage Improvements, Working with the Mayor's Office on the city's 2016 Legislative Agenda. Page 7 of 7 This page intentionally left blank. EXECUTIVE SESSION ACTION AFTER EXECUTIVE SESSION