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City Council Meeting - Council - Agenda - 1/21/2020
KENT CITY COUNCIL AGENDAS Tuesday, January 21, 2020 7:00 PM Chambers Mayor Dana Ralph Council President Toni Troutner Councilmember Bill Boyce Councilmember Marli Larimer Councilmember Brenda Fincher Councilmember Zandria Michaud Councilmember Satwinder Kaur Councilmember Les Thomas ************************************************************** COUNCIL MEETING AGENDA - 7 P.M. 1. CALL TO ORDER / FLAG SALUTE 2. ROLL CALL 3. AGENDA APPROVAL Changes from Council, Administration, or Staff. 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Recognition of the Adopt-a-Street and Adopt-a-Spot Groups ii. Recognition of the Kara on the Bluff Neighborhood Council (#50) iii. Proclamation for Human Trafficking Awareness Day B. Community Events C. Public Safety Report 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Mayor's Report B. Chief Administrative Officer's Report C. Councilmember's Reports 6. PUBLIC HEARING 7. PUBLIC COMMENT The Public Comment period is your opportunity to speak to the Council and Mayor on issues that relate to the business of the city of Kent. Comments that do not relate to the business of the city of Kent are not permitted. Additionally, the state of Washington prohibits people from using this Public Comment period to support or oppose a ballot measurement or candidate for office. If you wish to speak to the Mayor or Council, please sign up at the City Council Meeting City Council Regular Meeting January 21, 2020 City Clerk’s table adjacent to the podium. When called to speak, please state your name and address for the record. You will have up to three 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. 8. CONSENT CALENDAR A. Approval of Minutes i. Council Workshop - Workshop Regular Meeting - Jan 7, 2020 5:00 PM ii. City Council Meeting - City Council Regular Meeting - Jan 7, 2020 7:00 PM iii. Committee of the Whole - Committee of the Whole - Regular Meeting - Jan 14, 2020 4:00 PM B. Payment of Bills - Authorize C. Accept the Union Pacific Storm Water Pump Station Pump Replacement Project as Complete - Authorize D. Accept the Cambridge Reservoir Recoating and Fall Protection Improvements Project as Complete - Authorize E. Resolution Recognizing the Kara on the Bluff Neighborhood Council (#50) - Adopt F. 2020-2022 King County I-Net Contract for Network Services - Authorize G. Ordinance Amending Chapters 9.04 and 5.01 of the Kent City Code Related to Massage and Reflexology Services - Adopt H. Resolution Approving the Admittance of the City of Des Moines as a Member of the Valley Special Weapons and Tactics Team - Adopt I. King County Veterans, Seniors and Human Services Levy Agreement - Authorize J. Budget Adjustment Authorizing Four Full-Time Employees - Approve K. Traffic Signal Emergency Vehicle Detection System Hardware Purchase - Authorize 9. OTHER BUSINESS 10. BIDS 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Collective Bargaining, RCW 42.30.140(4)(a) i. Action Following Executive Session: Collective Bargaining Agreement with AFSCME, Local 2617 - Authorize 12. ADJOURNMENT City Council Meeting City Council Regular Meeting January 21, 2020 NOTE: A copy of the full agenda is available in the City Clerk's Office and at KentWA.gov. 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 7-1-1. Whereas,human trafficking is modern-day slavery and involves the use of force, fraud or coercion to exploit a person for involuntary servitude, labor and commercial sex acts; and Whereas, trafficking victims can be men or women, boys or girls, U.S. citizens or foreign nationals; and PROCLAMATION the average age a girl entering the commercial trafficking trade is 12- 14 years old while for boys 11-13 years of age; and each year as many as 100,000 to 300,000 American children are at risk of being trafficked in the United States; and traffickers may target young victims through social media Web sites, telephone chat lines, shopping malls and after school programs; and after drug dealing, human trafficking is tied with the illegal arms industry as the second largest criminal industry in the world today and the fastest growing; and , assisting victims of human trafficking requires a coordinated community response among community groups, social services, schools and law enforcement. Whereas, Whereas, Whereas, Whereas, Whereas, NOW, THEREFORE,l, Dana Ralph, Mayor of the city of Kent, do hereby proclaim January 23,2020 as "Htrman Trafficking Awareness Day" in the city of Kent and call upon the people of the city to support this observance by helping to educate residents about Human Trafficking in our city as well as across America and around the world. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 21st da y of January 2020. Mayor Dana KENT WAgHTNGTot{ 4.A.3 Packet Pg. 4 Co m m u n i c a t i o n : P r o c l a m a t i o n f o r H u m a n T r a f f i c k i n g A w a r e n e s s D a y ( P u b l i c R e c o g n i t i o n ) Page 1 of 7 CAO Report for January 21, 2020 Administration • City Council retreat facilitator Jim Reid has spoken with all seven councilmembers and prepared a draft agenda for our February 7-8 retreat. The next step is for department directors to provide input and then for Council President Troutner and the CAO to finalize the agenda – including exact times. Directors will start work on presentations and handouts to support agenda items. • The mayor, a couple councilmembers, and CAO will head to Olympia later this month to attend an Association of Washington Cities (AWC) event and meet with 11th, 33rd, and 47th district legislators to touch base on the city’s legislative agenda. Among the city’s priorities are streamlined sales tax mitigation (continued mitigation or a successor economic development grant program), “Gateway to Kent” improvements to the greenway along Wills Street, and a community park for the Panther Lake neighborhood. • The Federal Way Link Extension (West Hill light rail) project is keeping staff very busy. Sound Transit Liaison Kelly Peterson estimates we’re about 25% of the way through the review process and we’re reviewing designs that are at the 60% and 90% mark. Planning Services • Planning staff completed the initial phase of design review for the Kent-Des Moines light rail station. While there are a few specific recommendations to come out of this first look, in general the station and garage design concept is well-conceived, and staff look forward to collaborating with Sound Transit and their contractors on the final approved design. Rental Housing Inspection Program • The Rental Housing Inspection Program closed out a successful first year. Fifty-one certificates of compliance were issued, and 14 properties are working to correct discovered deficiencies with an extended deadline of March 1. We expect to achieve 95% compliance by this date. Three non- responsive properties will receive code violation notices. • During the heavy rains in late December, Indigo Springs Apartments experienced first floor flooding in one of their buildings. As this property had not yet passed their RHIP inspections, we now expect to see the complex complete full repair of the damaged building and correct drainage issues to prevent future incidents. • RHIP staff are revising the inspection checklist using feedback from inspectors. The updated checklist will be more user friendly and ready in time for the annual inspector training to be scheduled sometime this first quarter, likely February. Economic Development • Staff attended Blue Origin’s ribbon cutting ceremony for their new headquarters on ADMINISTRATION ECONOMIC AND COMMUNITY DEVELOPMENT 5.B Packet Pg. 5 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 2 of 7 Monday January 6, along with the Mayor, Council President Troutner and other city leadership. The celebratory event unveiled their remarkable new building and included praise for the city’s help to get the project completed in only 364 days from groundbreaking, and 13 months after its concept was first shared with the city. It also highlights the thousands of new jobs Blue Origin is bringing to Kent, along with efforts to commercialize space exploration, and generated a lot of positive media coverage. • Staff convened with counterparts in Renton, Auburn, Tukwila and Pacific to plan next steps for 2020 marketing and promotion of the Kent Valley. • Staff met with the Green River College Dean of Branch Locations, Academic & Program Development to talk about current and anticipated needs in the area workforce and how the local education institutions can help support Kent Valley’s competitiveness as a location to conduct business and to seek individual work/career opportunities. Permit Center/Building Services Year-end stats for 2019: • Inspections – 26,139 • Issued Permits – 4,995 • Applications received – 5,217 • Plan reviews completed – 8,353 Development Engineering • As of December 27, 2019, staff issued 620 Franchise Utility and Street Use Permits, 334 Water and Side Sewer permits and 40 Civil Construction and Grade and Fill Permits. • In addition to those fees, DE have approved permits that have collected $2,550,573 in Transportation Impact fees, $2,319,413 in Water System development charges and $1,690,935 in Drainage System Development Charges. • Engineering staff are working jointly with Parks and Public Works to review proposed Riverbend driving range improvements, and working with Parks on review of West Fenwick Park improvements. • Engineering review of 60% plans for the Federal Way Link Extension continues. • Staff are also currently processing permits for the redevelopment of part of the Boeing Space Center. • In 2018 the Tax Cut Jobs Act (TCJA) changed the way we calculate our federal income tax returns. During 2019, the IRS reworked the Form W-4 and has made it ready for our use in 2020. This is the first major change of the Form W-4 - EVER! The IRS has made minor changes to it in the past, but it has remained mostly the same since it was first used in the 1940's. The new Form W-4 was created to closely mirror your federal tax return. There are five steps to the new form: Step 1 (personal information); and, Step 5 (Signature) are required. Steps 2-4 are optional. Steps 2-4 are intended to adjust the withholding as necessary for personal situations that affect taxable income. Step 2 is intended to increase withholding if a person has multiple jobs or their spouse works. Step 3 is intended to decrease withholding based on the number of dependents in a family. Step 4 is intended to change withholding if a person has either other income, deductions, or wants additional withholding. The IRS respects your privacy. If you prefer to limit information provided in Steps 2 through 4, the IRS suggests you use the estimator on the irs.gov website to increase accuracy of your withholding. The link to the estimator is https://www.irs.gov/individuals/tax- withholding-estimator. It is not mandatory that staff complete the new W-4 form. The new tax tables have been loaded into our payroll system and will affect the paycheck you will receive on Friday, January 17. Our testing has shown that for staff who don't have a new W-4 in place, federal withholding should not change significantly. • Human Resources has begun the first phase of implementing Workday as our new Human Resources (and Payroll) FINANCE HUMAN RESOURCES 5.B Packet Pg. 6 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 3 of 7 system. This project will continue through 2020 with full implementation occurring late this year. • Preparing for the Kent 101 class. • Payroll/Benefit codes reviewed and updated with IT & Finance. • Labor Management meeting with AFSCME – 1/14. • AFSCME Collective Bargaining Agreement updated w/negotiated items. • PCR process review with Finance and IT. • Interviews for the Deputy Finance Director position will be held January 17. • Computer-based assessment testing for Evidence Custodian on January 23. • Opening applications for the ranks of Sergeant and Commander on January 23- February 2. Information Technology • MS Exchange Online Mailbox Migration, Configuration and Citywide Rollout- o This project will unify the city under one version of the Microsoft platform thereby reducing the city’s risk with older software versions no longer being supported within the city’s IT operating system infrastructure. The set-up and deployment of Office365 through a MS GOLD partner is a precursor for multiple IT enterprise infrastructure initiatives. • Cityworks - Asset & Work Order Replacement/Upgrade- o This project will replace the city’s current end-of-life Asset Management System. This project will help to drive efficiency by automating the Asset Management and work order workflow through the integration of GIS and the deployment of mobile work application capabilities reducing tact time and asset total cost of ownership while aiding the city’s strategic planning Public Works assets. Information Technology operational support for December 31, 2019 to January 31, 2019 • Number of tickets opened – 79 • Number of tickets closed – 76 • With input from the Police Department, staff drafted an ordinance amending Ch. 9.04 KCC to increase enforcement options for illicit massage parlors. The amendments to the code provide that it is a criminal offense to fail to follow certain regulations related to the health, sanitation, hygiene, privacy and recordkeeping at massage and reflexology businesses. Additionally, the ordinance provides for the forfeiture of a business license if convicted of an offense under Chapter 9.04 KCC, and clarifies that a violation of Ch. 9.04 KCC prohibits an individual from obtaining a subsequent city business license. This amendment to the code comes after SIU’s successful investigation and shut down of 18 illicit massage parlors in 2018. The revamped code is an aggressive approach for dealing with prostitution-oriented businesses and should provide Police with useful tools to detect and build cases against them. • Continued to provide extensive legal resources in the plan to revitalize the Naden Avenue area. The Law Department helped negotiate the final version of the purchase and sale agreement with Braintree Hospitality to sell a portion of the Naden Avenue assemblage property to build a Hilton Garden Inn. This agreement was approved by City Council on January 7, 2020. • Attorneys are also coordinating with PSE officials to help resolve PSE’s interference with the city’s property rights in this same area and to work out design issues with the planned new Naden Avenue, the right- in/right-out intersection from Willis Street and ensuring the Interurban Trail remains connected throughout the corridor. • Continued to assist the Clerk’s office with public records requests as requested, and Public Works, ECD, IT and Parks with several high priority contracts and development projects, including property rights and access issues involving Naden Avenue. • Assisted the HR Department in many sensitive employment and labor related matters. INFORMATION TECHNOLOGY LAW 5.B Packet Pg. 7 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 4 of 7 Recreation • The Kent Parks Department Youth Basketball Program is underway with over 1,100 elementary age girls and boys participating across the community. The program engages kids in three hours of health, fitness and skills focused practice time along with one to two games each week. Community volunteer coaches are essential to the success of this significant athletic program. Staff recruit and train 112 men and women who encourage, teach, and mentor youth in ways that impact them today and in meaningful ways that will last a lifetime. Through the reciprocal use partnership with the Kent School District, we are able to access and schedule practices and games in over 33 elementary schools and middle schools, December through March. This program receives enthusiastic support from parents and participants because it is a community- based recreation program; it’s mainly scheduled in their child’s school and neighborhood and it ensures that every child makes the team and every child gets to play. Additionally, through the Access to Recreation Scholarship Fund, every pre- school child and school-aged youth residing within the city of Kent or Kent School District has full access to a wide variety of recreational opportunities regardless of family income or ability to pay. Human Services • King County Housing Authority (KCHA) is opening its Section 8 waitlist from 7 a.m. Feb. 12 to 4 p.m. Feb 25. Applying is free. Find more information about Section 8 eligibility and the waitlist lottery visit kcha.org/lottery. There is also a Facebook page https://www.facebook.com/KingCountyHou sing/. KCHA would like all people who are low-income, including those experiencing homelessness, to have the opportunity to apply. • Count Us In 2020, King County’s Annual Point in Time Count (PIT), will be happening in the early morning hours of January 24, 2020. The core purpose of the annual PIT Count is to collect data on the needs of people experiencing homelessness in our community. A successful and accurate PIT Count is an essential component to informing our system response to the need in our community. They are still in need of approximately 50 volunteers for the Kent area. Improvements for this year’s process include tailored, pre-assigned maps with “hotspots.” If you are interested in learning more about the count, feel free to contact Christine Cain at x5063 or sign up here! • Kent Cultural Diversity Initiative Group provided a Community Credit Lab focused on opportunities and barriers to creating economic equity along with partnerships in place centered around the needs of underserved communities and the perspectives of nonprofits and social enterprises that already serve them. They also focus on challenges that are inherent when people with fewer resources pay more to access credit; focus on credit discussions, affordable credit, credit reporting, external access to financial products and services, as well as research and data. Staffing Changes Hiring/Retirement/Recruitment/ Leaves/Promotions • Lateral Corrections Officer Natalie Zieber started on January 2. Significant crime/activities/arrests/ investigations • On December 26, a suspect was in a dispute with his sister’s boyfriend and produced a handgun. The suspect fired two rounds into the ground - suspect was arrested. • On December 28, Patrol responded to a robbery with gun in the lobby of Hawthorne Suites. The clerk stated a male pointed a gun at him and demanded money. The clerk said he did not have the key to the money, at which time the suspect climbed over the counter and broke the lock and took over $200 and fled on foot. PARKS, RECREATION, AND COMMUNITY SERVICES POLICE 5.B Packet Pg. 8 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 5 of 7 • On January 10, a student was parked in the lower parking lot of Kentridge High School waiting for wrestling practice when an older black SUV pulled up. The three occupants assaulted him - took some money from his wallet before fleeing. • On January 10, a subject threw a rock at a Washington State Trooper at the East Hill Fred Meyer. The trooper suffered minor injuries. Kent Officers arrested the subject a few blocks away. Events and awards • The National Night Out 2019 Awards were announced at the end of December. Kent ranked 6th for areas with 100,000-300,000 population. Only 8 other cities in Washington State earned an award for their respective categories (Seattle 4th, Sammamish 18th, Walla Walla 7th, Mill Creek 19th, Mukilteo 40th and Mountlake Terrace 42nd.) Environmental • Lower Russell Levee – Phase 1 work continues the Lower Russell Levee to construct the floodwall and watermain utility. The watermain work and Dvorak Barn foundation are complete. The contractor is moving forward on construction of the concrete floodwall. • Mill Creek Reestablishment – the public notice period for the Army Corps of Engineers permit ended on January 9. The permitting process and other work continue for this important project to reduce flood risk in areas adjacent to Mill Creek. • Solid Waste/Recycling – staff presented on the upcoming plastic bag ban at the January 7 council meeting. We are implementing the outreach plan to Kent residents and retailers. Construction • Willis St & 4th Ave S Roundabout Joint Utility Trench -utility purveyors are finishing their fiber/wire installation. Pulling wire and abandonment of the old utilities is ongoing. • Green River Natural Resource Area (GRNRA) Storm Water Force Main-final walk-through is scheduled for January 15. • 228th St. Union Pacific Railroad Grade Separation Bridge and Roadway (Ph 5 of 5)- two of the four precast concrete storm water detention vaults are set. Installation of the remaining two vaults is scheduled for delivery and installation in February. • Rebar cage placement for bridge columns continues. • LID 363: S 224th St Improvements – 88th Ave S / S 218th St Improvements – S 222nd St to 94th Pl S (Ph 2)- the roadway is open to public use. BP rail placement on the barrier at the Garrison Creek culvert is ongoing. Construction of the project’s storm water detention pond at 218th & 88th will resume as weather permits and will continue for several weeks. Final paving will be completed this spring as weather permits. Intermittent lane closures and traffic controlled by flaggers will continue through the completion of this season’s activities. Land Survey/GIS • City Land Surveyor is developing a property ownership and boundary map for the Green River corridor and determining right-of-way for upcoming city projects. • Land Survey Coordinator is compiling topography mapping by field staff for the Signature Point Levee and the Valley LOMR (Letter of Map Revision) for FEMA. • Land Survey Field crews are staking future utilities for the 4th Ave. and Willis St. roundabout. • GIS Supervisor is working with IT to track the parcel addressing process throughout city departments. • GIS Coordinator continues supporting the CityWorks implementation in Operations. • GIS Analysts are developing web applications, working through the as-built backlog, providing data for public records requests and are creating a crosswalk inventory collection application for Public Works Transportation. • GIS Interns are entering data for new asset management datasets and are fulfilling simple map requests for customers. Transportation • The Transportation Master Plan is progressing nicely. Staff are working on updating the 2040 land use projection for the future transportation forecast PUBLIC WORKS 5.B Packet Pg. 9 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 6 of 7 model. We will also be presenting the TMP performance metrics to the Transportation Advisory Board this week. • There are new laws related to driving near and passing vulnerable users that went into effect on January 1, 2020. Reference: 2019 Senate Bill 5723. o When the driver has an additional lane of travel in the same direction, the driver must move into that lane to pass. o When the driver has only one lane for traffic moving in the direction of travel, the driver must move into the lane going in the opposite direction to pass if it's safe to do so; if not, pass when it's possible to do so at a distance of at least three feet and reduce speed to a safe speed for passing relative to the speed of the individual being overtaken. o Drivers must also allow sufficient space for safety when following behind a vulnerable user. o Staff are nearly complete with the annual traffic signal safety monitor testing. All safety monitors for the traffic signals are tested and rotated annually. This helps to ensure that the traffic signals go into safe mode (all- way flashing red) in the event there is a signal malfunction. Streets • Street Maintenance crews are doing hot patch repairs on W James St, sealing asphalt patches on State Ave N, W Meeker St and on 84th Ave S, Seal 2019 Grind and Inlay patches on S 72nd St and 80th Pl S. Crews will be cleaning debris from the open shoulder on the East Hill and Panther Lake. The Sidewalk crew will grind and repair on SR 515, SE 208th St, S 220th St, S 228th St, 120th Ave SE, 121st Pl SE, 1st Ave S, Central Ave N and 100th Ave SE. The Concrete crew will demo, remove, prep, pour, backfill and strip forms for a new sidewalk section on Reith Rd and 68th Ave S. • The Street Signs and Markings team are installing signs and bases for the retro- reflectivity program on S 252nd St, replacing school signs on SE 248th St, sign inventory on SE 277th St, 114th Ave SE, Canyon Dr and S 252nd St. Crews will be setting bases for repairs and performing sign repair on S 222nd St and installing Viz shields for the retro reflectivity program. Solid Waste crews will be removing debris and illegal signs on SE 256th St, S 188th St, SR 515, 25th Ave S, S 190th St, Central Ave and 43rd Ave S and performing hotspot inspections Citywide. The crew will also be replacing garbage can and litter sign replacement on 100th Pl and 68th Ave S. • Water Vegetation crews will be performing debris clean up at Armstrong Springs, East Hill Well, Kent Springs Lower, the West Hills sites, 3.5 Tank, Scenic Hills Sites, 212th St Treatment Plant, 208th Well, O’Brien Well, Garrison Creek Well, Renton Intertie, Summit Reservoir and KEHOC. The Sidearm crew will be doing fence repairs at the 277th corridor fence, Benson holding pond fence on SE 220th St and finish the work fall protection fence at SE 224th St. Street Vegetation will be planting traffic islands on SE 256th St, S 204th St, SE Kent Kangley, W James St, weeding traffic islands on Kent Kangley, street tree planting on SE 256th St, hedging ivy on S 228th St. Wetland Maintenance crews will be installing a split rail fence at Kingstone North and Kingsley Glen. The Wetland Mitigation crew is performing general maintenance at Johnson Creek, Meeting with Natalie from Tacoma Trap, removing weeds on the 64th Ave S bike path and attending a pruning class at UW Center for Urban Horticulture. The Holding Pond crew is performing tree removal at Sun Preet Sangh, Rhododendron Estates and Killa Hans. Water • Staff wrapped up dead-end water main flushing and are now focusing efforts on water main cleaning. This year the area encompasses the southeastern portion of the distribution system from Kent Kangley to the north, south to SE 284th Street, and from 116th Ave SE to 124th Ave SE. Water main cleaning is accomplished by isolating a section of water main and inserting a foam cube into a fire hydrant that has been dissembled and pushing it through the water line with water. The foam cube scours the inside of the pipe as it moves along and exits at a predetermined fire hydrant that has also been disassembled at 5.B Packet Pg. 10 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Page 7 of 7 the end of the run. This process removes iron, manganese, rust and sediment that builds up on pipe walls or settles at the bottom of pipes and can cause discolored water during high flows or flow directional changes in the distribution system. Staff have been working on startup and testing of equipment at the 640 Pump Station under construction on the Kent East Hill. Storm/Sewer • Storm crews will be cleaning the following, storm pipes on S 194th St, culverts on Alvord Ave N, 148th Ave SE, West Hill, East Hill, and at 10708 SE 264th St. They will also be cleaning culverts and storm lines on E Tacoma St, the outfall on SE 204th St, catch basin lids at Earthworks Park, performing National Pollutant Discharge Elimination System (NPDES) pumping on 144th Ave SE and SE 264th Pl and assessing on SE 268th St, SE 242nd St and 152nd Way SE. Crews will be installing an asphalt swale at 21811 124th Ave SE, asphalt patch at 4406 S 263rd St and line repair and asphalt berm at 1009 SE 213th Pl. • Sewer crews are cleaning existing sewer lines on 43rd Ave S and on S 248th St, TV inspections on S 224th St and on 68th Ave S. Performing maintenance work at the Skyline pump station, Union Pacific pump station, repairing fan #1 at Horseshoe Storm, system checks on the West Hill and performing manhole frame and lid change outs on the East Hill. Fleet/Warehouse • Fleet crew is working on a new truck for the Sign Department, received two new trucks from Ford, for the Street Department and one new car for the Police Department, installing a crane on vehicle 5676. Fleet crew will also have 4 vehicles coming in for body shop work and will set up the received trucks for Streets and Litter Crew, also working on a sidearm mower that is down due to a hydraulic issue. The Radio Shop is programming new radios, working on the IT modem swap project, setting up and checking vehicle electronics. • Warehouse staff will continue with CDL training, fulfilling work orders, maintaining supply levels, haul spoils as time and equipment availability allow and repairing small equipment. # # # 5.B Packet Pg. 11 Co m m u n i c a t i o n : C h i e f A d m i n i s t r a t i v e O f f i c e r ' s R e p o r t ( R e p o r t s f r o m S t a n d i n g C o m m i t t e e s , C o u n c i l , a n d S t a f f ) Pending Approval City Council Workshop Workshop Regular Meeting Minutes January 7, 2020 Date: January 7, 2020 Time: 5:00 p.m. Place: Chambers I. CALL TO ORDER Council President Troutner called the meeting to order. Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present 5:07 PM Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present Les Thomas Councilmember Present 5:03 PM Dana Ralph Mayor Present II. PRESENTATIONS 1 New State/Federal Stormwater Permit Laura Haren 45 MIN. Shawn Gilbertson, Environmental Supervisor in Public Works presented information on why the City of Kent is required to comply with the New State/Federal Stormwater Permit (NPDES). Gilbertson provided a brief history of the Clean Water Act of 1972. The current permit requires: · The development of a Source Control Inspection Program, including ordinance updates and expanding our current data base. · Public Education and Outreach Program expansion including a process to analyze the specific needs of Kent and determine the best audience and subject to target based on addressing our local water quality priorities. This includes continuous evaluation of the effectiveness of the program and more detailed reporting requirements. · Updates to our Illicit Discharge Detection and Elimination Program including the development of a new data base and more tracking and reporting requirements. · Develop a Long-term Municipal Planning Program that will require that Kent analyze our drainage basins and prioritize areas that we can use structural or non-structural BMP’s to improve water quality and flow control within those basins. Current permit is effective August 1, 2019 - July 31, 2024 8.A.1 Packet Pg. 12 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes January 7, 2020 Kent, Washington Page 2 of 4 Environmental Conservation Analyst, Laura Haren presented information on the New State/Federal Stormwater Permit and what it means for Kent: Haren provided multiple examples of pollutants when it comes to water quality and reviewed effects of pollution on the environment Haren reviewed the Municipal NPDES Permit Programs and provided details on the City’s efforts regarding the following programs: · Public Education and Outreach · Public Involvement and Participation · Illicit Discharge Detection and Elimination · Controlling Runoff from New Development, Redevelopment and Construction Sites · Operations and Maintenance · Monitoring and Assessment · MS4 Mapping and Documentation (New) The mapping requirements found in the permit serves the purpose of supporting implementation of the permit requirements for: Illicit Discharge Detection and Elimination (IDDE) - pollutant tracing and response. · Operation and maintenance of stormwater infrastructure · Source Control Program for Existing Development (New) Inspect commercial and industrial properties. Structural source control BMPs required if operational source control BMPs do not prevent illicit discharges. · Annually complete inspections of 20% of the properties · Update ordinance or other enforceable document to support new program · Must require structural source control BMPs, if operational source control BMPs do not prevent illicit discharges. · Comprehensive Stormwater Planning (New) Kent will need to develop and implement a Stormwater Management Action Plan for at least one high priority basin area. Inform and assist in the development of policies and strategies as water quality management tools to protect aquatic resources. Haren provided information on the current jurisdictions that have appealed the new permit. NPDES is a citywide permit and the new permit requirements are in place to not only improve water quality, but to improve the awareness of pollution prevention. Councilmembers and Mayor Ralph expressed appreciation for the presentation and the tremendous amount of work being done by staff relating to this permit. 2 Communication Plan for Plastic Bags Tony Donati 15 MIN. 8.A.1 Packet Pg. 13 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes January 7, 2020 Kent, Washington Page 3 of 4 Conservation Coordinator, Tony Donati presented information on the Plastic Bag Ordinance Communications Plan. The ban is effective March 1, 2020, and applies to all retail establishments. There are 37 Washington Cities that have enacted ordinances banning plastic bags. Donati reviewed the communications schedule that began in August 2019: • Purchased reusable bags • eConnect communications • Kent Now Video - TV21 • Letters sent to Kent Downtown Partnership, Kent Chamber of Commerce, Grocery/Retail Trade Associations • Postcards to residents & retailers • Posters • Social Media • Table at businesses • Translated Communication • Website - (KentWA.gov/BringYourOwnBag) Events include: • Kent Commons - Holiday Bazaar - Completed • Fred Meyer (240th) Monday, January 27 - 3:00 to 5:00 pm • Safeway (Washington Ave) Thursday, January 30 - 4:00 - 6:00 p • Safeway (Kent Kangley) Wed., February 5 - 9:00 to 11:00 am • Safeway (Panther Lake) Friday, February 7 - 3:00 to 5 pm • WinCo - Monday, February 10 - 10:00 am to noon • Big Lots - Friday, February 21 - 3:00 to 5:00 pm • KentWA.gov/BringYourOwnBag • • Communications to Retailers: • Flyer sent to 443 retailers • Letters sent to: • Northwest Grocery Association • HPC Advocacy • WA Food Industry Association • Northwest Grocers • Website • Bag Content Requirements • Fact Sheet • FAQs • Educational Materials • Posters • Till topers 8.A.1 Packet Pg. 14 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) City Council Workshop Workshop Regular Meeting Minutes January 7, 2020 Kent, Washington Page 4 of 4 • POS postcards • Translation • Spanish • Vietnamese • Russian There will be an $0.08 charge for reusable paper/plastic bags The fee must appear on the receipt and the fee will be kept by the retailer to help cover the cost of the bags. The City purchase reusable bags to be distributed to Kent residents during table events and are made from 60-70% of plastic bottles. The bags were designed by multimedia. 3. Adjournment Council President Troutner adjourned the meeting at 5:56 p.m. Meeting ended at 5:55 p.m. Kimberley A. Komoto City Clerk 8.A.1 Packet Pg. 15 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 5 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council City Council Regular Meeting Minutes January 7, 2020 Date: January 7, 2020 Time: 7:00 p.m. Place: Chambers 1. CALL TO ORDER / FLAG SALUTE Mayor Ralph called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Dana Ralph Mayor Present Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Les Thomas Councilmember Present Zandria Michaud Councilmember Present 3. AGENDA APPROVAL Chief Administrative Officer, Derek Matheson removed item 4.A.vii. and Consent item 8.D "Resolution Recognizing the Kara on the Bluff Neighborhood" from the agenda. A. Move to approve the agenda as amended. RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 4. PUBLIC COMMUNICATIONS A. Public Recognition i. Swearing-in of Councilmembers Judge Michael Frans performed the ceremonial swearing-ins of Councilmembers Marli Larimer, Zandria Michaud, Bill Boyce and Les Thomas. ii. Swearing-in of Judge Gipe Mayor Ralph performed the ceremonial swearing-in of Judge Anthony Gipe. 8.A.2 Packet Pg. 16 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 2 of 10 Juge Gipe expressed his support, trust and confidence in Mayor Ralph and the Council. Judge Gipe appreciates the tremendous support of the Court staff, including Court Administrator, Margaret Yetter and Judge Frans. Judge Gipe thanked King County District Court Judge Laurel Gibson and Steven and Sue Strachan for their support. iii. Passing of the Gavel to the New Council President Troutner thanked Debbie Boyce for her support of Councilmember Boyce during Boyce's term as Council President. Troutner expressed words of appreciation for the work of Boyce on the City Council and his service on regional committees. Boyce expressed words of appreciation. Mayor Ralph expressed words of appreciation for Councilmember Boyce and indicated she is looking forward to working with Council President Troutner. Councilmember Thomas indicated Boyce and Troutner have set wonderful examples of leadership for other councilmembers to follow. iv. Employee of the Month Mayor Ralph recognized Heather Martin as the City's January Employee of the Month. Shawn Gilbertson, Environmental Supervisor, expressed words of appreciation for Martin and the work that she does for the City. v. Appointments to the Land Use and Planning Board Mayor provided information on the appointments to the Land Use and Planning Board. vi. Appointments to the Parks and Recreation Commission Mayor Ralph provided information on the appointments to the Parks and Recreation Commission vii. Awards for Torklift Central's 9th Annual Turkey Challenge Torklift Content Coordinator, Kirsten Stokes expressed appreciation of the City Council, residents, and businesses that donated to the Turkey Challenge. Stokes provided details on total food and monetary donations. 8.A.2 Packet Pg. 17 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 3 of 10 Stokes recognized the coloring contest winners and presented awards to the top 5 monetary and food donors. Mayor Ralph expressed her appreciation of Torklift Central holding this annual fundraiser. B. Community Events Council President Troutner provided information on the upcoming events at the accesso ShoWare Center. Ticketing information can be found at accessoshowarecenter.com. Fincher indicated the next Equity and Inclusion speaker will be Vishavjit Singh, on February 13, 2020 at 7 p.m. at the Kent Memorial Park Building. The next open house for the Fourth and Willis roundabout will be held on January 9, 2020 at 5 p.m. in City Council Chambers. Fincher provided details on the upcoming Spotlight Series events. C. Economic and Community Development Update Chief Economic Development Officer, Bill Ellis presented the Economic and Community Development Report as follows: Blue Origin - Ellis detailed the recent Blue Origin ribbon cutting event for their new headquarters. The building houses approximately 1500 people and sits on a 30-acre plot of land, and we’re using 13 of those acres for a wildlife habitat and flood storage, as well as protecting against invasive species. This is a very sustainable building with better insulation and better energy consumption than a traditional building. Kent Valley Initiatives - Rally the Valley continues drafting of design guidelines, standards for new construction, and strategies to accommodate infill. Upcoming meetings with counterparts in other cities on taking forward our message and building on what CEO of Blue Origin envisioned: a Silicon Valley for Space. Downtown Kent - 2020 - Kent Downtown Partnership’s plans include events, business workshops, fresh merchant engagement, and a downtown park fundraiser (Kherson). Downtown Kent: Disposable Income Comparision of disposable income. Downtown needs more available disposable income. Issue to consider; disadvantage downtown Kent business and properties face in terms of localized disposable income to support. Kent needs more residents downtown, but also more jobs. Need more to reach a critical mass of activity in every category. Proximity to high quality jobs is also a motivating factor 8.A.2 Packet Pg. 18 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 4 of 10 for housing developers and all the kinds of positive economic activity we will want if our goal is to continue to grow and bolster our historic commercial district as a public realm of civic engagement and intense urban activity sharing our greatest concentration of infrastructure and amenities. Naden Avenue update - The item on tonight’s Other Business portion of the agenda is seeking authorization to sign a purchase and sale agreement, not closing. 5. REPORTS FROM STANDING COMMITTEES, COUNCIL, AND STAFF A. Mayor's Report Mayor Ralph provided details of her participation during the recent Grand Opening of Blue Origin's new Kent headquarters. B. Chief Administrative Officer's Report Derek Matheson advised his written report is in today's agenda packet and there is an Executive session regarding collective bargaining that is expected to last 10 minutes with action following. C. Councilmember's Reports Council President Troutner provided brief overviews of the two workshop presentations from tonight’s workshop meeting regarding the New State/Federal Stormwater Permit and Communications Plan for the Plastic Bags. Councilmember Boyce announced that he has been elected to serve as the Vice-Chair on the Sound Cities Association Public Issues Committee that will hold an orientation in January and then meet in February. Councilmember Fincher serves on the City’s Arts Commission and advised the Kent Creates contest has been extended through January 31, 2020. Fincher also reviewed upcoming Spotlight Series events. Councilmember Michaud serves on the King County Regional Water Quality Committee. Councilmember Kaur serves on the Sound Cities Association Domestic Violence Regional Task Force that will meet on February 11, 2020. Councilmember Kaur serves as the Chair of the Puget Sound Clean Air Agency Advisory Council that will meet on February 27, 2020. Councilmember Kaur serves on the King County Growth Management Planning Council that will meet on February 26, 2020. 8.A.2 Packet Pg. 19 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 5 of 10 Councilmember Kaur has been appointed to the Association of Washington Cities ad hoc Equity Work Group Committee that will provide direction to best implement strategic plans as well as strategies to review programs and initiatives to ensure equitable access to all members. Councilmember Larimer serves on the Seattle-King County Advisory Council for Aging and Disability Services that will meet on January 10, 2020 - a full day planning session to discuss the legislative agenda. Councilmember Larimer serves on the King County Affordable Housing Committee that will meet on January 17, 2020. Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governance Board. The next meeting will be held on January 15, 2020 at Fire Station 78 in Covington. 6. PUBLIC HEARING None 7. PUBLIC COMMENT Nancy Simpson, President of Kent Historical Society, provided the Council with details on the Parade of Christmas Trees. Mayor Ralph expressed her appreciation of the work of the society Georgi Murray, a Kent resident, expressed concerns over crime in her neighborhood in downtown Kent and indicated Kent needs safer neighborhoods. Theresa Still, a Kent resident expressed concerns over crime in and around the area of her home on the west hill of Kent. Scott Larson, a Kent resident expressed his concerns over crime in the City of Kent and indicated the City needs to make addressing crime a priority. Mayor Ralph indicated she will follow up with tonight's public comment speakers regarding their concerns. Dan Streiffert, a Kent resident, spoke regarding the King County Cities Climate Collaboration (K4C) and requested the City complete a spreadsheet with 10 categories of climate actions. Mayor Ralph indicated she will follow up with staff to determine the resources required to determine what we can dedicate 8.A.2 Packet Pg. 20 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 6 of 10 8. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Toni Troutner, Council President SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud A. Approval of Minutes 1. Council Workshop - Workshop Special Meeting - Dec 3, 2019 5:00 PM 2. Committee of the Whole - Committee of the Whole - Special Meeting - Dec 3, 2019 4:00 PM 3. Council Workshop - Workshop Regular Meeting - Dec 10, 2019 5:00 PM 4. Committee of the Whole - Committee of the Whole - Special Meeting - Dec 17, 2019 4:00 PM 5. City Council Meeting - City Council Regular Meeting - Dec 10, 2019 7:00 PM B. Payment of Bills MOTION: Approve the Payment of Bills received through 11/30/19 and paid on 11/30/19 and checks issued for payroll 11/16/19-11/30/19 and paid on 12/5/19 and audited by the Committee of the Whole on 12/17/19. C. Appoint Joe O'Toole, Dione Dittmar and Reappoint Kathi Jones to the Land Use and Planning Board - Confirm MOTION: Confirm the Mayor’s appointment of Joe O’Toole, Dione Dittmar and reappointment of Kathi Jones to the Land Use & Planning Board. D. Emergency Management Performance Grant – E20-171 - Authorize MOTION: Authorize the Mayor to accept and sign the Emergency Management Performance Grant from the Washington Military Department/Emergency Management Division and the U.S. Department of Homeland Security, in the amount of $71,834, sign all necessary grant documents, amend the budget, and authorize expenditure of the funds in accordance with final grant terms and conditions acceptable to the City Attorney. E. Microsoft Product Licensing 2020 Enterprise Agreement - Authorize 8.A.2 Packet Pg. 21 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 7 of 10 MOTION: Authorize the Mayor approve the purchase of software through the Cooperative Purchasing Agreement the state Department of Enterprise Services has with En Pointe Technologies Sales, a value-added reseller, if those purchases are within the City’s established budgets and made during the term of the state contract, which is in effect through April 7, 2020, or any later contract extension the state may authorize, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. F. King County Parks Property Tax Levy Agreement – Authorize MOTION: Authorize the Mayor to sign the King County Parks Property Tax Levy agreement to accept Proposition 1 Parks Levy funds, amend the budget, and approve the expenditure of funds, subject to final terms and conditions acceptable to the City Attorney and Parks Director. G. Fourth Amendment to the Agreement for Indigent Defense Services - Authorize MOTION: Authorize the Mayor to sign the Fourth Amendment that increases the annual compensation due to Stewart MacNichols and Harmell, Inc. P.S. under its contract to provide public defense services by an additional $325,000 in 2020 due to the volume of criminal case filings and the impacts to case preparation associated with body worn cameras, subject to final terms and conditions acceptable to the City. H. Mutual Aid and Assistance Agreement for Washington State for Intrastate Water/Wastewater Agency Response Network - Authorize MOTION: Authorize the Mayor to sign the Mutual Aid and Assistance Agreement for Washington State for Intrastate Water/Wastewater Agency Response Network, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. I. $2.5 Million Transportation Improvement Board Grant Funds for 76th Avenue - Authorize MOTION: Authorize the Mayor to sign a grant agreement with the Washington State Transportation Improvement Board to obligate $2.5 million of grant funds for the 76th Avenue South Road Raising Project and amend the budget, and authorize expenditure of the funds in accordance with final terms and conditions acceptable to the City Attorney and Public Works Director. 8.A.2 Packet Pg. 22 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 8 of 10 J. Consultant Services Agreement with RH2 Engineering, Inc. for West Hill Reservoir – Authorize MOTION: Authorize the Mayor to sign a Consultant Services Agreement with RH2 Engineering, Inc. for design engineering services for the West Hill Reservoir Project in an amount not to exceed $459,949, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. K. Appointments to the Parks and Recreation Commission - Confirm MOTION: Confirm the Mayor’s appointment of Caitlin Hepwroth and reappointment of Rick Minutoli and Jennifer Ritchie to the Kent Parks and Recreation Commission for three-year terms that will expire on December 31, 2022. L. Downey and Naden Clearing and Grading Project - Accept as Complete MOTION: Authorize the Mayor to accept the Downey and Naden Clearing and Grading Project as complete and release retainage to Scarsella Bros., Inc. upon receipt of standard releases from the State and the release of any liens. M. Russell Road South/South 196th Street Asphalt Overlay Project - Accept as Complete MOTION: Authorize the Mayor to accept the Russell Road South/South 196th Street Asphalt Overlay Project as complete and release retainage to Lakeside Industries, Inc. upon receipt of standard releases from the State and the release of any liens. 9. OTHER BUSINESS Economic Development Officer, Bill Ellis provided the Council with the major deal points of the Purchase and Sale Agreement. Assistant City Attorney, Christina Schuck provided details on the updated language in Section 5.7 of the Purchase and Sale Agreement. The update was not included on the version of the Agreement in today's agenda packet. Ellis updated the Council on the ongoing communications with Puget Sound Energy related to the Naden site. Ellis advised that the City owes approximately $2 million in bonds for entire Naden assembly. 8.A.2 Packet Pg. 23 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 9 of 10 A. Purchase and Sale Agreement for Naden South Property - Authorize MOTION: Authorize the Mayor to sign a Purchase and Sale Agreement with Hotel Management Services, LLC, setting forth the terms of a sale and conveyance of a specified portion of the Naden assemblage property owned by the City for the purpose of building a Hilton Garden Inn, subject to final terms and conditions acceptable to the City Attorney and Economic and Community Development Director. RESULT: APPROVED [UNANIMOUS] MOVER: Brenda Fincher, Councilmember SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 10. BIDS Public Works Director, Tim LaPorte provided details on the Armstrong Well 2 Pump Replacement Project bid and requested awarding the bid. A. Armstrong Well 2 Pump Replacement Project Bid - Award MOTION: Award the Armstrong Well 2 Pump Replacement Project bid to Gary Harper Construction Inc. in the amount of $101,629 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. RESULT: APPROVED [UNANIMOUS] MOVER: Les Thomas, Councilmember SECONDER: Bill Boyce, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION At 8:40 p.m., Council went into Executive Session. At 8:50 p.m., Council reconvened into regular session. A. Collective Bargaining, RCW 42.30.140(4)(a) 1. Action Following Executive Session: Collective Bargaining Agreement with Teamsters - Authorize MOTION: Authorize the Mayor to sign the 2020-2022 Collective Bargaining Agreement approved and accepted by Teamsters Local Union #117, and ratify all acts consistent with the authority of the Agreement and prior to its execution. 8.A.2 Packet Pg. 24 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council City Council Regular Meeting Minutes January 7, 2020 Kent, Washington Page 10 of 10 RESULT: APPROVED [UNANIMOUS] MOVER: Bill Boyce, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas, Michaud 12. ADJOURNMENT Mayor Ralph adjourned the meeting. Meeting ended at 8:53 p.m. Kimberley A. Komoto City Clerk 8.A.2 Packet Pg. 25 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 7 , 2 0 2 0 7 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Pending Approval Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes January 14, 2020 Date: January 14, 2020 Time: 4:03 p.m. Place: Chambers 1. CALL TO ORDER Council President Troutner called the meeting to order. 2. ROLL CALL Attendee Name Title Status Arrived Toni Troutner Council President Present Bill Boyce Councilmember Present Brenda Fincher Councilmember Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Zandria Michaud Councilmember Present 4:52 PM Les Thomas Councilmember Present 3. AGENDA APPROVAL A. Move to approve the agenda RESULT: APPROVED [6 TO 0] MOVER: Bill Boyce, Councilmember SECONDER: Les Thomas, Councilmember AYES: Troutner, Boyce, Fincher, Kaur, Larimer, Thomas AWAY: Michaud 4. PRESENTATIONS A. 2020-2022 King County I-Net Contract for Network Services - Authorize James Endicott, Technical Services Manager and Galen Hirschi, Senior Network Engineer Supervisor provided information on the 2020-22 King County I-Net contract for network services. This contract provides for internet, IP addressing, lease for data center space, access to the Inter Governmental Network that provides the City with access to the Washington State Patrol. 8.A.3 Packet Pg. 26 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 4 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes January 14, 2020 Kent, Washington Page 2 of 8 This renewal is for a 3-year term and includes the expansion of services for cloud-based applications, additional connectivity and redundancy to provide for more reliable internet access. MOTION: Authorize the Mayor to sign the 2020-2022 King County I-Net Contract for Network Services - Customer Services Contract Number 07COK19, for Internet connectivity, access to the Inter-Governmental Network agencies, Valley Communications access, and point-to-point services for remote locations for all related services and associated costs for three years at an annual cost of $91,464.00, for a total amount not to exceed $274,392.00, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM B. Amendment to the ShoWare Center Sales, Marketing and Operations Management Services Agreement - Authorize City Attorney, Pat Fitzpatrick presented the council with information on the Amendment to the ShoWare Center Sales, Marketing and Operating Agreement with SMG. SMG is now a part of ASM Global. SMG manages the daily operations of the accesso ShoWare Center, including maintenance and negotiating contracts with performers and for events. The original contract began in 2015 and expired on December 31, 2019, but the City is acting under the terms of that original contract. Fitzpatrick detailed the associated fees, and detailed the terms of the new agreement. Tim Higgins, General Manager of the accesso ShoWare Center provided details on the need for a new scoreboard and the issues with ongoing maintenance of the existing scoreboard. Higgins indicated the plan is to replace the scoreboard in late 2020, early 2021. The Finance Department will provide Councilmember Thomas with details on the depreciation of the scoreboard. Higgins provided information on his work to push for more events at the accesso ShoWare Center for facilities with the capacity of up to 6,000 seats. 8.A.3 Packet Pg. 27 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 4 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes January 14, 2020 Kent, Washington Page 3 of 8 Boyce, Larimer and Kaur expressed a desire to have a workshop on this item to gather more information on SMG's performance over the past 4 years so that the council can evaluate whether to move forward with a contract amendment. Council agreed to discuss this during the February 4, 2020 Workshop and on the February 4, 2020, City Council agenda under Other Business. MOTION: Authorize the Mayor to sign the First Amendment to the ShoWare Center Sales, Marketing, and Operational Management Services Agreement, subject to final terms and conditions acceptable to the Chief Administrative Officer and the City Attorney. RESULT: NO ACTION TAKEN C. Ordinance Amending Chapters 9.04 and 5.01 of the Kent City Code Related to Massage and Reflexology Services - Adopt City Attorney, Pat Fitzpatrick indicated, in the past, the City worked with licensed massage businesses to assist with drafting code amendment regarding massage and reflexology businesses. Fitzpatrick provided a brief history on the City's efforts to address illicit massage businesses and enforcement actions taken over the past years. The illicit massage businesses were cited with prostitution and 100% of the businesses were shut down. Recently, there has been an increase in illicit massage businesses trying to reestablish themselves. In an effort to come up with effective laws that help address illicit massage businesses, the City's Prosecutor came up with code amendments that mirror the Department of Health regulations for massage and reflexology businesses. The Department of Health regulates these businesses. If a business violates the new code provisions, the Police Department will have probable cause to cite the massage businesses with a crime. This code amendment will make violations a misdemeanor. There will be a provision that if they violate the code, they cannot go back into business in the City of Kent. Staff will follow up with Councilmember Thomas with the number of licensed massage businesses currently in the City of Kent. 8.A.3 Packet Pg. 28 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 4 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes January 14, 2020 Kent, Washington Page 4 of 8 MOTION: Adopt Ordinance No. 2006, amending Chapters 9.04 and 5.01 of the Kent City Code related to massage and reflexology services. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM D. Resolution Approving the Admittance of the City of Des Moines as a Member of the Valley Special Weapons and Tactics Team - Adopt City Attorney, Pat Fitzpatrick provided the background of VSWAT and the reasons for belonging to a consortium to provide SWAT services. Fitzpatrick indicated each jurisdiction must approve any amendments to the Interlocal Agreement. MOTION: Adopt Resolution No. 2006, approving the admittance of the City of Des Moines as a member of the Valley Special Weapons and Tactics Team and authorizing the Mayor to sign Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM E. King County Veterans, Seniors and Human Services Levy Agreement - Authorize Recreation and Cultural Superintendent in the Parks Department, Lori Hogan provided details on the King County Veterans, Seniors and Human Services Levy Agreement. The City has been awarded, through King County, $1,403,689. to be distributed over 4 1/2 years. Parks will return to the Council each year for authorization to accept and expend the funds. For 2020, $510,218 will be distributed. Hogan expressed appreciation of Kent Senior Center Facility Manager, Cindy Robinson. Robinson was instrumental in securing this grant. There are limited restrictions on the use of these funds. Larimer indicated she will be providing a breakdown of the funding allocations of the King County Veterans, Seniors and Human Services Levy 8.A.3 Packet Pg. 29 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 4 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes January 14, 2020 Kent, Washington Page 5 of 8 report during the January 21, 2020 City Council meeting. Kaur and Fincher expressed a desire to ensure that under represented communities are provided with opportunities to take advantage of the programs and services offered through the use of these grant funds. Transportation needs should be considered. MOTION: Approve the King County Veterans, Seniors and Human Services Levy Agreement, and ratify the Mayor’s signing of that Agreement, to accept $510,218 in levy funds for the term 10/1/2019 through 12/31/2020; amend the 2020 budget; and authorize the expenditure of funds. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM F. Budget Adjustment Authorizing Four Full-Time Employees - Approve Finance Director, Paula Painter presented details on the Budget Adjustment Authorizing Four Positions. 1 FTE in the Finance Department for a B&O Tax Supervisor. This is a budget neutral position. 2 FTE Limited Term positions in the Parks Department for the Senior Center, including and Outreach Coordinator and Senior Center Program Assistant. These positions are 100% funded by the King County Veterans, Senior and Human Services Levy. 1 FTE in the Economic and Community Development Department to assist in the permit center. This cost of this position will be off set by the increase in permit center permit fees. MOTION: Approve the increase in authorized budgeted FTE’s by four positions to include one supervisor position in the Finance Department, two King County levy-funded term-limited positions in the Parks Department and one term-limited position for Economic and Community Development. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM G. Traffic Signal Emergency Vehicle Detection System Hardware Purchase - Authorize Transportation Engineering Manager, Rob Brown provided details on the Emergency Vehicle Detection System. 8.A.3 Packet Pg. 30 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 4 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes January 14, 2020 Kent, Washington Page 6 of 8 The system reduces response time for emergency vehicles and reduces crashes of emergency vehicles. Brown reviewed the vehicle emitter, signal detector, and phase selector. Brown reviewed the benefits of the new generation equipment that will have the capability to communicate remotely, faster detection and processing, and have future capabilities for detection. The plan is to replace 60 phase selectors. Brown reviewed the cost of new equipment and trade-value. This purchase will be made through the State’s master contract and is endorsed by the Kent Police Department and Puget Sound Regional Fire Authority. Brown conveyed that the current system is working and there are no issues with it. MOTION: Authorize the purchase of traffic signal emergency vehicle detection hardware from the Washington State Department of Enterprise Services’ Master Contract for Illumination, Traffic Signal and Intelligent Transportation Systems Equipment in an amount not to exceed $125,153.62, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM H. INFO ONLY: Storm Update Environmental Engineering Manager, Mike Mactutis provided a recap of the December 19-21 storm event. The storm focused on Kent and stayed there for 42-44 hours. Mactutis reviewed the regional 48 hour precipitation. Mactutis reviewed the City of Kent watershed map and path of water as it leaves the City. Photos and information regarding storm damage was reviewed relating to various areas of the City, including the Upper Mill Creek Dam, Earthworks Park/Senior Center, Mill Creek/James Street - Pump station, Mill Creek/Woodford, Kennebeck and Memorial Park, Mill Creek/George and Central Avenue, Mill Creek/76th Avenue, South 196th St/81st Ave S, 80th Ave S, Soos Creek at SE 356th, Riverview Blvd/Veterans Drive, S 223rd on 8.A.3 Packet Pg. 31 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 4 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes January 14, 2020 Kent, Washington Page 7 of 8 the East hill, S 212th Pl/119th Ave SE. I. INFO ONLY: United States Census Update Community Engagement Coordinator, Uriel Varela presented information on the United States Census. A Census is conducted every 10 years and counts every person living in the U.S The 2020 Census will take place April 1-July 31. Households can respond online, paper form, over the phone or in person. The questions are the number of people residing at that address, names, sex, age, race, ethnicity of each person and if residents own or rent. Census results determine federal funds, the number of seats each state has in the U.S. House of Representatives, defines congressional and state legislative districts, school districts and voting precincts; provides business and nonprofit organizations with critical information for planning decisions, provides population benchmarks for nearly every other Unit3ed States survey Varela reviewed the details of the Undercount Projections for 2020, the Complete Count Committee, South King County Census Table and Planned Engagement. Varela provided information on Kent’s planned use of the funds received by the Office of Financial Management Varela provided details on how to apply to be an enumerator and indicated the City has a social media plan to remind residents to complete their census. J. Payment of Bills - Authorize MOTION: Approve the Payment of Bills received through 12/15/19 and paid on 12/15/19 and received through 12/31/19 and paid on 12/31/19 and approve the checks issued for payroll 12/1/19 - 12/15/19 and paid on 12/20/19 and checks issued for payroll 12/16/19-12/31/19 and paid on 1/3/2020 and audited by the Committee of the Whole on 1/14/20. RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM K. INFO ONLY: Update Insurance Renewal: Liability, Worker's Compensation and Cyber Risk 8.A.3 Packet Pg. 32 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 4 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) Kent City Council - Committee of the Whole Committee of the Whole - Regular Meeting Minutes January 14, 2020 Kent, Washington Page 8 of 8 Risk Manager, Chris Hills presented information on the 2020 Insurance Program. Hills reviewed 2020 Liability market influence factors and advised the premium will increase 12.7% for 2020-2021. Hills provided a history of the City’s liability premiums from 2010. Hills indicated the Excess Worker Comp will see a 1.7% premium increase that is due to increased worker hours, which is a rating component. Hills reviewed historical excess worker comp premiums since 2011. Hills indicated the Cyber Risk market is currently very competitive. The increased its limit from $3m to $5m for a $5,000 additional premium. Discussions will take place with IT staff to update on how we handle a cyber breach. 5. ADJOURNMENT Meeting ended at 6:53 p.m. Kimberley A. Komoto City Clerk 8.A.3 Packet Pg. 33 Mi n u t e s A c c e p t a n c e : M i n u t e s o f J a n 1 4 , 2 0 2 0 4 : 0 0 P M ( A p p r o v a l o f M i n u t e s ) DATE: January 21, 2020 TO: Kent City Council SUBJECT: Payment of Bills - Authorize MOTION: Approve the Payment of Bills received through 12/15/19 and paid on 12/15/19 and received through 12/31/19 and paid on 12/31/19 and approve the checks issued for payroll 12/1/19 - 12/15/19 and paid on 12/20/19 and checks issued for payroll 12/16/19-12/31/19 and paid on 1/3/2020 and audited by the Committee of the Whole on 1/14/20. SUMMARY: 8.B Packet Pg. 34 Approval of payment of the bills received through-----12/15/19 and paid 12/15/19 Approval of checks issued for Vouchers: Date Amount 12/15/19 Wire Transfers 8124 8139 $2,520,460.20 12/15/19 Regular Checks 740925 741202 $5,679,994.69 12/15/19 Payment Plus 101762 101810 $181,259.04 Void Checks ($485.34) 12/15/19 Use Tax Payable $2,072.17 $8,383,300.76 Approval of payment of the bills received through-----12/31/19 and paid 12/31/19 . Approval of checks issued for Vouchers: Date Amount 12/31/19 Wire Transfers 8140 8157 $2,118,957.30 12/31/19 Regular Checks 741203 741627 $4,825,997.19 12/31/19 Payment +101811 101863 $233,878.25 Void Checks $0.00 12/31/19 Use Tax Payable $3,446.08 $7,182,278.82 Approval of checks issued for Payroll:12/1/19-12/15/19 and paid 12/20/2019 Date Amount 12/20/2019 Checks 0 Voids and Reissues 12/20/2019 Advices 441841 442687 $1,938,266.83 $1,938,266.83 Approval of checks issued for Payroll:12/16/19-12/31/19 and paid 1/3/2020 Date Amount 1/3/2020 Checks $0.00 Voids and Reissues 1/3/2020 Advices 442688 443529 $1,845,199.62 $1,845,199.62 Document Numbers Document Numbers Document Numbers Document Numbers BUDGET IMPACT: None. 8.B Packet Pg. 35 01/14/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM 8.B Packet Pg. 36 DATE: January 21, 2020 TO: Kent City Council SUBJECT: Accept the Union Pacific Storm Water Pump Station Pump Replacement Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Union Pacific Storm Water Pump Station - Pump Replacement Project as complete and release retainage to Pease & Sons, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included lifecycle replacement of two pump and motor assemblies at the Union Pacific storm water pump station. The final contract total paid was $190,493.93 which is $9,984.10 under the original contract amount of $200,478.03. BUDGET IMPACT: The project was paid for using budgeted drainage funds. SUPPORTS STRATEGIC PLAN GOAL: Thriving City 8.C Packet Pg. 37 DATE: January 21, 2020 TO: Kent City Council SUBJECT: Accept the Cambridge Reservoir Recoating and Fall Protection Improvements Project as Complete - Authorize MOTION: Authorize the Mayor to accept the Cambridge Reservoir Recoating and Fall Protection Improvements Project as complete and release retainage to Pease & Sons, Inc. upon receipt of standard releases from the State and the release of any liens. SUMMARY: This project included the removal of mill scale, reservoir interior and exterior preparation and recoating, welding, platform and catwalk extension, antenna relocation, electrical instrumentation and other work. The final contract total paid was $1,450,024.05 which is $115,174.05 over the original contract amount of $1,334,850. BUDGET IMPACT: The project was paid for using budgeted water utility funds. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services 8.D Packet Pg. 38 DATE: January 21, 2020 TO: Kent City Council SUBJECT: Resolution Recognizing the Kara on the Bluff Neighborhood Council (#50) - Adopt MOTION: Adopt Resolution No. 2005, recognizing the Kara on the Bluff Neighborhood Council, supporting its community building efforts, and conferring on it all opportunities offered by the City’s neighborhood program. SUMMARY: The Kara on the Bluff neighborhood consists of 37 households and is located on Kent’s East Hill. The neighborhood has completed the process to be recognized as a neighborhood council. The City’s Neighborhood Program is an initiative designed to foster better communication among residents in a geographic area and city government. The underlying objective of the program is to provide an avenue for residents to work together to enhance the livability of their neighborhoods. The program encourages organization of neighborhood councils, which serve as independent, non-profit organizations promoting resident-based efforts for neighborhood improvements while also establishing a partnership between city government and the neighborhoods they serve. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community ATTACHMENTS: 1. Neighborhood Council Kara on the Bluff Resolution (PDF) 8.E Packet Pg. 39 1 Kara on the Bluff Neighborhood Council Resolution RESOLUTION NO. 2005 A RESOLUTION of the City Council of the City of Kent, Washington, recognizing Kara on the Bluff Neighborhood Council. RECITALS A. The City of Kent has developed a Neighborhood Program to promote and sustain an environment that responds to residents by building partnerships between the City and its residents. In addition, the City of Kent encourages residents to work together to form geographically distinct neighborhood councils as a means to foster communication among residents and to enhance their sense of community. B. The City of Kent recognizes and supports neighborhood councils by endorsing a process to establish neighborhood boundaries, approve neighborhood councils, and provide neighborhood grant matching program opportunities to make improvements in defined neighborhoods. C. The Kara on the Bluff neighborhood consists of thirty-seven households. D. The Kara on the Bluff neighborhood is located on Kent’s East Hill and is generally situated to the south of South 220th Street, east of 98th Place South, west of 100th Avenue SE and north of South 222th Street. The Neighborhood is shown on Exhibit A, attached and incorporated by this reference. 8.E.a Packet Pg. 40 At t a c h m e n t : N e i g h b o r h o o d C o u n c i l K a r a o n t h e B l u f f R e s o l u t i o n ( 2 1 6 8 : R e s o l u t i o n R e c o g n i z i n g t h e K a r a o n t h e B l u f f N e i g h b o r h o o d C o u n c i l 2 Kara on the Bluff Neighborhood Council Resolution E. On November 11, 2019, the Kara on the Bluff neighborhood submitted an official registration form to request that the City recognize the Kara on the Bluff Neighborhood Council and to allow the Neighborhood to take part in the City’s Neighborhood Program. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recognition of Neighborhood Council. The City Council for the City of Kent hereby acknowledges the effort and commitment of the Kara on the Bluff neighborhood and all those who participated in forming the Kara on the Bluff Neighborhood Council. The Kent City Council hereby recognizes Kara on the Bluff Neighborhood Council as an official Neighborhood Council of the City of Kent, supports Kara on the Bluff Neighborhood Council community building efforts, and confers on the Kara on the Bluff Neighborhood Council all opportunities offered by the City’s Neighborhood Program. SECTION 2. – Severability. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. January 21, 2020 DANA RALPH, MAYOR Date Approved 8.E.a Packet Pg. 41 At t a c h m e n t : N e i g h b o r h o o d C o u n c i l K a r a o n t h e B l u f f R e s o l u t i o n ( 2 1 6 8 : R e s o l u t i o n R e c o g n i z i n g t h e K a r a o n t h e B l u f f N e i g h b o r h o o d C o u n c i l 3 Kara on the Bluff Neighborhood Council Resolution ATTEST: January 21, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.E.a Packet Pg. 42 At t a c h m e n t : N e i g h b o r h o o d C o u n c i l K a r a o n t h e B l u f f R e s o l u t i o n ( 2 1 6 8 : R e s o l u t i o n R e c o g n i z i n g t h e K a r a o n t h e B l u f f N e i g h b o r h o o d C o u n c i l EXHIBIT A 8.E.a Packet Pg. 43 At t a c h m e n t : N e i g h b o r h o o d C o u n c i l K a r a o n t h e B l u f f R e s o l u t i o n ( 2 1 6 8 : R e s o l u t i o n R e c o g n i z i n g t h e K a r a o n t h e B l u f f N e i g h b o r h o o d C o u n c i l DATE: January 21, 2020 TO: Kent City Council SUBJECT: 2020-2022 King County I-Net Contract for Network Services - Authorize MOTION: Authorize the Mayor to sign the 2020-2022 King County I-Net Contract for Network Services - Customer Services Contract Number 07COK19, for Internet connectivity, access to the Inter-Governmental Network agencies, Valley Communications access, and point-to-point services for remote locations for all related services and associated costs for three years at an annual cost of $91,464.00, for a total amount not to exceed $274,392.00, subject to final terms and conditions acceptable to the Information Technology Director and City Attorney. SUMMARY: King County is one of two network service providers to the City of Kent that includes internet access, IP addressing, access to the Inter-Governmental Network for Public Safety, as well as mission critical data center services. The Information Technology Department has been the City’s custodian of networking provisions and services with King County for over 15 years and looks to renew and expand services based on outstanding year-over-year support in conjunction with competitive service offering price points. Solidifying our partnership with King County is foundational to keeping pace with the growth of data sharing and consumption, cloud-based applications and internet services. The strategic partnership with King County will also allow the City to add a secondary internet connection for redundancy as well as adding network resiliency beginning in the second quarter of 2020. BUDGET IMPACT: Services with King County I-Net were budgeted in the 2019- 2020 operations budget and a similar request will be made for the 2021-2022 biennium budget. SUPPORTS STRATEGIC PLAN GOAL: Evolving Infrastructure, Innovative Government ATTACHMENTS: 1. I-Net Contract with King County (PDF) 8.F Packet Pg. 44 01/14/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM 8.F Packet Pg. 45 8.F.a Packet Pg. 46 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 47 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 48 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 49 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 50 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 51 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 52 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 53 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 54 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 55 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 56 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 57 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 58 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 59 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 60 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 61 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 62 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 63 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 64 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 65 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 66 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 67 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 68 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 69 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 70 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 71 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 72 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) 8.F.a Packet Pg. 73 At t a c h m e n t : I - N e t C o n t r a c t w i t h K i n g C o u n t y ( 2 1 5 2 : 2 0 2 0 - 2 0 2 2 K i n g C o u n t y I - N e t C o n t r a c t f o r N e t w o r k S e r v i c e s - A u t h o r i z e ) DATE: January 21, 2020 TO: Kent City Council SUBJECT: Ordinance Amending Chapters 9.04 and 5.01 of the Kent City Code Related to Massage and Reflexology Services - Adopt MOTION: Adopt Ordinance No. 2006, amending Chapters 9.04 and 5.01 of the Kent City Code related to massage and reflexology services. SUMMARY: Licensed massage practitioners and reflexologists play an important role in the health and wellbeing of our community. While massage therapists and reflexologists must obtain a state license to practice, the Washington State Department of Health infrequently engages in on-site inspections of illegitimate massage and reflexology businesses. In Kent, as in most other Washington jurisdictions, illicit massage businesses have opened to provide massage and reflexology by unlicensed practitioners. Typically, unlicensed practitioners and businesses provide services without regard to health, sanitation, and safety requirements established by the state of Washington. Additionally, these businesses are known to engage in criminal activity such as prostitution and human trafficking. Recently, the Kent Police Department investigated unlicensed massage businesses, established probable cause to file criminal charges, and successfully closed each of them. In each instance, the Kent Police Department determined that the businesses were engaged in prostitution-related activity, and that the businesses were generally unsanitary and presented a health concern. These illegitimate massage businesses threaten the reputation of licensed massage practitioners, and threaten the public health, safety and welfare. Moreover, these businesses create a blight in the areas in which they are located and have the potential to impact the success of nearby law-abiding businesses. In some circumstances, illicit massage businesses have been shut down only to later reopen to provide the same illegal services under a different owner or entity name. In addition, illicit massage businesses regularly adjust methods of doing business to avoid detection by law enforcement. Law enforcement measures to enforce current code requirements and detect violations can be resource intensive. This ordinance makes it a criminal offense for a massage business or practitioner to 8.G Packet Pg. 74 fail to comply with the health, sanitation, hygiene, privacy, and recordkeeping requirements applicable to licensed massage businesses. Moreover, and consistent with Washington state regulations, this ordinance makes it clear that massage practitioners are prohibited from touching the private body parts of patients and makes it a criminal offense to do so. This ordinance also provides that a person who is found in violation of the regulations regarding the practice of massage forfeits his or her city-issued massage business license and becomes ineligible to obtain a future massage business license. The amendments provided in this ordinance will make it difficult for illicit massage businesses to avoid detection by law enforcement. These amendments should have no detrimental impact on law-abiding businesses that already comply with the requirements of this ordinance in order to maintain licensing from the Washington State Department of Health. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Government ATTACHMENTS: 1. Ordinance Amending Kent City Code 9.04 and 5.01 (PDF) 01/14/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM 8.G Packet Pg. 75 1 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses ORDINANCE NO. 4353 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.04 of the Kent City Code entitled “Massage and Reflexology Services” to provide that it is a criminal offense to fail to follow certain regulations related to the health, sanitation, hygiene, sexual conduct, privacy, and recordkeeping at massage and reflexology businesses, to provide for the forfeiture of a business license if convicted of an offense under Chapter 9.04 KCC, to amend Section 5.01.135 to clarify that a violation of Ch. 9.04 KCC prohibits an individual from obtaining a subsequent city business license, and to provide for other housekeeping amendments. RECITALS A. Licensed massage practitioners and reflexologists play an important role in the health and wellbeing of our community. B. While massage therapists and reflexologists must obtain a state license to practice, the Washington State Department of Health infrequently engages in on-site inspections of illegitimate massage and reflexology businesses. C. In Kent, as in most other Washington jurisdictions, illicit massage businesses have opened to provide massage and reflexology by unlicensed practitioners. 8.G.a Packet Pg. 76 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 2 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses D. Typically, unlicensed practitioners and businesses provide services without regard to health, sanitation, and safety requirements established by the state of Washington. Additionally, these businesses are known to engage in criminal activity such as prostitution and human trafficking. E. Recently, the Kent Police Department investigated unlicensed massage businesses, established probable cause to file criminal charges, and successfully closed each of them. In each instance, the Kent Police Department determined that the businesses were engaged in prostitution- related activity, and that the businesses were generally unsanitary and presented a health concern. F. These illegitimate massage businesses threaten the reputation of licensed massage practitioners, and threaten the public health, safety and welfare. Moreover, these businesses create a blight in the areas in which they are located and have the potential to impact the success of nearby law- abiding businesses. G. In some circumstances, illicit massage businesses have been shut down only to later reopen to provide the same illegal services under a different owner or entity name. In addition, illicit massage businesses regularly adjust methods of doing business to avoid detection by law enforcement. Law enforcement measures to enforce current code requirements and detect violations can be resource intensive. H. This ordinance makes it a criminal offense for a massage business or practitioner to fail to comply with the health, sanitation, hygiene, privacy, and recordkeeping requirements applicable to licensed massage businesses. Moreover, and consistent with Washington state regulations, this ordinance makes it clear that massage practitioners are prohibited from 8.G.a Packet Pg. 77 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 3 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses touching the private body parts of patients and makes it a criminal offense to do so. I. This ordinance also provides that a person who is found in violation of the regulations regarding the practice of massage forfeits his or her city-issued massage business license and becomes ineligible to obtain a future massage business license. J. The amendments provided in this ordinance will make it difficult for illicit massage businesses to avoid detection by law enforcement. These amendments should have no detrimental impact on law-abiding businesses that already comply with the requirements of this ordinance in order to maintain licensing from the Washington State Department of Health. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. – Amendment – KCC 9.04.020. Section 9.04.020 of the Kent City Code entitled “Definitions” is amended as follows: Sec. 9.04.020. Definitions. For purposes of this chapter, the terms and phrases below shall have the meanings that follow: A. Advertise includes, but is not limited to, signs located at a massage business or reflexology business; signs located in places other than at a massage business or reflexology business; advertisements on vehicles; advertisements in paper media such as newspapers, magazines, fliers, cards, or business cards; or advertisements in electronic media such as 8.G.a Packet Pg. 78 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 4 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses Internet websites, social media, electronic classified advertisements, cell phone applications, and television or radio advertisements. B. Breast massage shall have the same meaning as set forth in WAC 246-830-005(7). C.B. Certified reflexologist, massage business, massage, massage practitioner, massage therapist, massage therapy, reflexology, and reflexology business shall have the meanings set forth in RCW 18.108.010. D. Conspicuously display shall mean the display of licenses and certificates in a manner that can be viewed and read by a person immediately upon entry into the initial common area of a massage business or reflexology business without having to request to see the license or certification. E.C. Gross misdemeanor and misdemeanor shall have the same meaning as set forth in KCC 9.02.410RCW 9A.20.021 as now enacted or hereafter amended or recodified. F.D. License, certificate and certification mean a license, certificate or certification issued pursuant to chapter 18.108 RCW. E. Conspicuously display shall mean the display of licenses and certificates in a manner that can be viewed and read by a person immediately upon entry into the initial common area of a massage business or reflexology business without having to request to see the license or certification. G.F. Reflexologist means a person who practices reflexology. H.G. Represent himself or herself as a massage practitioner shall have the same meaning as set forth in RCW 18.108.030(1)(b). 8.G.a Packet Pg. 79 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 5 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses I.H. Represent himself or herself as a reflexologist shall have the same meaning as set forth in RCW 18.108.030(2)(b). J. Violation shall mean a conviction after trial, a plea of guilty or a finding of guilt after an Alford plea, Newton plea, or plea of no contest or nolo contendere, or the entry of a deferred sentence, deferred prosecution, or stipulated order of continuance. SECTION 2. – Amendment – KCC 9.04.030. Section 9.04.030 of the Kent City Code entitled “References to Revised Code of Washington” is amended as follows: Sec. 9.04.030. References to Revised Code of Washington and Washington Administrative Code. References in this chapter to chapter 18.108 RCW or a specific section of Chapter 18.108 RCW chapters or specific sections or subsections of the Revised Code of Washington, or to chapters or specific sections or subsections of the Washington Administrative Code, shall include the chapter and sections or subsections as currently enacted and as amended or recodified in the future. SECTION 3. – Amendment – Chapter 9.04 – New KCC 9.04.125. Chapter 9.04 of the Kent City Code is hereby amended to add a new section entitled “Practice Requirements and Limitations – Responsibility of owner, director, manager, or other person in charge,” as follows: Sec. 9.04.125. Practice Requirements and Limitations – Responsibility of owner, director, manager, or other person in charge. A. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices 8.G.a Packet Pg. 80 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 6 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses reflexology or represents himself or herself as a reflexologist, to touch the body parts identified in WAC 246-830-550(1). B. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology, or represents himself or herself as a reflexologist to perform breast massage except in accordance with WAC 246-830-555. C. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the coverage and draping requirements of WAC 246-830-560. D. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the equipment, sanitation, and hygiene requirements of WAC 246-830-500 and WAC 246-830-510. E. It is unlawful for any person who practices massage therapy or represents himself or herself as a massage therapist, or who practices reflexology or represents himself or herself as a reflexologist, to fail to comply with the recordkeeping requirements of WAC 246-830-565 and WAC 246-830-570. F. It shall be unlawful for any owner, director, manager, or other person in charge of a massage business or reflexology business to facilitate or, with knowledge or criminal negligence, permit another person to violate any provision of this section. SECTION 4. – Amendment – KCC 9.04.130. Section 9.04.130 of the Kent City Code entitled “Violations - Penalty” is amended as follows: 8.G.a Packet Pg. 81 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 7 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses Sec. 9.04.130. Violations - Penalty. A. The first violation of any provision of this chapter shall constitute a misdemeanor. B. Each subsequent violation of this chapter, whether alleged in the same prosecution as the first violation or in subsequent prosecutions, shall constitute a gross misdemeanor. C. Upon a determination that a violation of this chapter has occurred, the court shall order the forfeiture of all Kent-issued massage or reflexology business licenses held by the violator. As a condition of any sentence, suspension of sentence, or deferral of sentence for a violation of this chapter, the court shall prohibit the violator from applying for, attempting to obtain, or obtaining a license from the city of Kent to engage in any activity set forth in KCC 9.04.020.C, or working at, being present at, or having an interest in any business at which the activities set forth in KCC 9.04.020.C occur. SECTION 5. – Amendment – KCC 5.01.135. Section 5.01.135 of the Kent City Code entitled “Massage or reflexology businesses – Conviction for prostitution or fraud related activity – Conviction for violation of chapter 9.04 KCC – Denial or revocation of business license,” is amended as follows: Sec. 5.01.135. Massage or reflexology businesses – Conviction Violations related tofor prostitution or fraud related activity – Conviction for vViolation of Chapter 9.04 KCC – Denial or revocation of business license. A. No person convicted of an offense underwho has violated a section of Chapter 9A.88 RCW or a similar law of another state, and no person 8.G.a Packet Pg. 82 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 8 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses convicted of an offense underwho has violated a section of Chapter 9A.60 RCW or a similar law of another state when such violation of Chapter 9A.60 RCW or similar law of another state is related to the operation of a massage business or reflexology business, shall be authorized or entitled to obtain a city of Kent business license for a massage business or reflexology business. Prior to the issuance of a license for the operation of a massage business or reflexology business, the city of Kent department in charge of the issuance of the license may consult with the Kent Police Department to determine whether the applicant is eligible for such license. B. The issuance of a business license for a massage business or reflexology business to a person who has previously convicted committed a violation of an offense described in subsection (A) of this section shall be null and void. C. In the event a person who has obtained a city of Kent business license for a massage business or reflexology business is thereafter convicted found in violation of an offense described in subsection (A) of this section, such business license may be revoked in accordance with KCC 5.01.150. Revocation may occur regardless of the jurisdiction or location in which the violation of the offense occurs. The bases for revocation of the business license pursuant to this section shall be in addition to the grounds for revocation provided in KCC 5.01.130. D. For a two (2) year period following conviction, aA business license application for the operation of a massage business or reflexology business may be denied in accordance with this chapter to any licensee convicted of an offense under who previously violated any provision of Chapter 9.04 KCC. The bases for denial of the business license pursuant to this section shall be in addition to the grounds for revocation denial provided in KCC 5.01.130. Prior to the issuance of a license for the operation of a massage business or 8.G.a Packet Pg. 83 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 9 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses reflexology business, the city of Kent department in charge of the issuance of the license may consult with the Kent Police Department to determine whether the applicant is eligible for such license. E. A business license for the operation of a massage business or reflexology business may be revoked in accordance with this chapter to any licensee convicted of an offense underin violation of Chapter 9.04 KCC. The bases for revocation of the business license pursuant to this section shall be in addition to the grounds for revocation provided in KCC 5.01.130. F. For the purposes of this section, the terms massage, massage business, reflexology, and reflexology business shall have the meanings set forth in RCW 18.108.010 as now enacted or hereafter amended or recodified. G. For the purposes of this section, the term “violation” or “violated” shall mean a conviction after trial, a plea of guilty or a finding of guilt after an Alford plea, Newton plea, or plea of no contest or nolo contendere, or the entry of a deferred sentence, deferred prosecution, or stipulated order of continuance. SECTION 6. - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. 8.G.a Packet Pg. 84 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e 10 Amend KCC 9.04 and 5.01 Regarding Massage and Reflexology Businesses SECTION 8. – Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. January 21, 2020 DANA RALPH, MAYOR Date Approved ATTEST: January 21, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted January 24, 2020 Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.G.a Packet Pg. 85 At t a c h m e n t : O r d i n a n c e A m e n d i n g K e n t C i t y C o d e 9 . 0 4 a n d 5 . 0 1 ( 2 1 5 4 : O r d i n a n c e A m e n d i n g C h a p t e r s 9 . 0 4 a n d 5 . 0 1 o f t h e K e n t C i t y C o d e DATE: January 21, 2020 TO: Kent City Council SUBJECT: Resolution Approving the Admittance of the City of Des Moines as a Member of the Valley Special Weapons and Tactics Team - Adopt MOTION: Adopt Resolution No. 2006, approving the admittance of the City of Des Moines as a member of the Valley Special Weapons and Tactics Team and authorizing the Mayor to sign Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team. SUMMARY: In or around 2010, the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team (ILA) for the purpose of establishing and maintaining a multi-jurisdictional SWAT team to respond to high-risk criminal occurrences. Pursuant to Section IV of the ILA, the future admission of a jurisdiction as a member of the Valley SWAT Team may be accomplished by an addendum to the ILA. The City of Des Moines petitioned the Valley SWAT Team Executive Board, made up of the chiefs of each participating jurisdiction, for membership and received unanimous approval of the Executive Board subject to approval of the legislative body of each participating jurisdiction. Addendum 1 to the ILA, which is attached and incorporated into the resolution as Exhibit “A”, admits the City of Des Moines as a member jurisdiction of the Valley SWAT Team. Upon approval of this resolution by Kent and the other participating jurisdictions, and the signature of Addendum 1 by those authorized to sign, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing ILA. BUDGET IMPACT: None SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Sustainable Services 8.H Packet Pg. 86 ATTACHMENTS: 1. VSWAT Resolution - Admission of City of Des Moines (PDF) 2. VSWAT - Original ILA Agreement (PDF) 01/14/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM 8.H Packet Pg. 87 1 Resolution to Admit Des Moines as Member of Valley SWAT Team RESOLUTION NO. 2006 A RESOLUTION of the City Council of the City of Kent, Washington, approving and adopting Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, admitting the City of Des Moines as a member of the Valley Special Weapons and Tactics Team. RECITALS A. In or around 2010, the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team (ILA) for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences. B. Pursuant to Section IV of the ILA, the future admission of a jurisdiction as a member of the Valley SWAT Team may be accomplished by an addendum to the ILA. C. The city of Des Moines petitioned the Valley SWAT Team Executive Board, made up of the chiefs of each participating jurisdiction, 8.H.a Packet Pg. 88 At t a c h m e n t : V S W A T R e s o l u t i o n - A d m i s s i o n o f C i t y o f D e s M o i n e s ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a 2 Resolution to Admit Des Moines as Member of Valley SWAT Team for membership and received unanimous approval of the Executive Board subject to approval of the legislative body of each participating jurisdiction. D. Addendum 1 to the ILA, which is attached and hereby incorporated into this resolution as Exhibit “A”, admits the city of Des Moines as a member jurisdiction of the Valley SWAT Team. Upon approval of this resolution by Kent and the other participating jurisdictions, and the signature of Addendum 1 by those authorized to sign, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing ILA. E. The City Council finds that approving and adopting this resolution and admitting the City of Des Moines as a member of the Valley SWAT Team is in the best public interest. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Recitals Incorporated. The foregoing recitals are incorporated into the body of this resolution and constitute the findings of the Kent City Council on this matter. SECTION 2. – Approval/Adoption of Addendum 1 to the Interlocal Cooperative Agreement to Admit the City of Des Moines as a Member of the Valley SWAT Team. Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, attached as Exhibit “A”, is hereby approved and adopted. The Mayor is hereby authorized and directed to execute Addendum 1, substantially in the form attached hereto. 8.H.a Packet Pg. 89 At t a c h m e n t : V S W A T R e s o l u t i o n - A d m i s s i o n o f C i t y o f D e s M o i n e s ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a 3 Resolution to Admit Des Moines as Member of Valley SWAT Team SECTION 3. – Severability. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 4. – Corrections by City Clerk. Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 5. – Effective Date. This resolution shall take effect and be in force immediately upon its passage. January 21, 2020 DANA RALPH, MAYOR Date Approved ATTEST: January 21, 2020 KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 8.H.a Packet Pg. 90 At t a c h m e n t : V S W A T R e s o l u t i o n - A d m i s s i o n o f C i t y o f D e s M o i n e s ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a 1 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled “Interlocal Cooperative Agreement (ILA) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team” was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. 8.H.a Packet Pg. 91 At t a c h m e n t : V S W A T R e s o l u t i o n - A d m i s s i o n o f C i t y o f D e s M o i n e s ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 ___________________________________ ____________________________________ Mayor, City of Auburn Date City Attorney, City of Auburn Date ___________________________________ City Clerk, City of Auburn Date ___________________________________ ____________________________________ Mayor, City of Renton Date City Attorney, City of Renton Date ___________________________________ City Clerk, City of Renton Date ___________________________________ ____________________________________ Mayor, City of Tukwila Date City Attorney, City of Tukwila Date ___________________________________ City Clerk, City of Tukwila Date ___________________________________ ____________________________________ Mayor, City of Kent Date City Attorney, City of Kent Date ___________________________________ City Clerk, City of Kent Date ___________________________________ ____________________________________ Mayor, City of Federal Way Date City Attorney, Federal Way Date ___________________________________ City Clerk, City of Federal Way Date ___________________________________ ____________________________________ City Manager, City of Des Moines Date City Attorney, City of Des Moines Date ___________________________________ City Clerk, City of Des Moines Date 8.H.a Packet Pg. 92 At t a c h m e n t : V S W A T R e s o l u t i o n - A d m i s s i o n o f C i t y o f D e s M o i n e s ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a 3 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 _____________________________________ ____________________________________ Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date 8.H.a Packet Pg. 93 At t a c h m e n t : V S W A T R e s o l u t i o n - A d m i s s i o n o f C i t y o f D e s M o i n e s ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a I ,fÀ ¿ J cÀG-10-160 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUEURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL WEAPONS AND TAGTICS TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municípalities of Aubum, Federal Way, Keht, Renton, and Tula¡lrla, each of v'rhtch ts a municxpal corporaÍon operailng under the láws of the State of Washtngton. ¡¡. AUTHORITY This Agreement is entered into pursuantto Chapters 10.93,39.34, and 53.08 of the Revised Code of Washtngton III. PURPOSE The partres hereto desire to esubiish and matntarn a multi-jurisdictional SWAT Team to effectrvely respond to hÍgh risk cnminal occun'ences as described below. lV. FORM.ê\TION There rs hereby creaied a muftilurisdictional Team to be hereafter known as the "Valley SpecÍat Weapons and Tactics Team' ("VSWAT"), the members of whtch shall be the Porl of Seattle, and the cltles of Auburn, Federal Way, Kent, Renton, and Tukwla. The SWAT Team has been tn ex¡stence for some tme, and thts Agreement ts wA r- r eãilT member The future admtssion or elimination of a jurlsdicton as a mernber of the SWAT Team may be accornplshed by an addendum to this agreement. V. STATEMENTOF PROBLEM Klng County and *n* trn,.,Or,,r,.. withln the Puget Sound ,r"" n"u" çxperienced rncreasrngly violent criminal confrontatons due to, among other reasons, lncleased gang activity increased drug abuse, distribution, and manufacturing; increased urbanøation; and tncreåsed populatio¡ densües. The abilityro safely control, contatn, and resolvé high risk cnrnrnal rnc¡dents such as civrl dlsobedrence, barricaded subjects, hostage sduations, gang member arresis, hrgh'risk felony arrests, and narcoitc or htgh risk search warrants has strarned the resources of the mernbers' tndiv¡dual poftce departments. VALLEY SWAT TEAII O&I9-20IC .TT ERL fJCAL À 3REËå.{ENÏ Pagc I 8.H.b Packet Pg. 94 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y ( Law enforcement eforts directed at dealing with these high rlsr criminal incldents have,' for the most part, been conducted by law enforcement agencres working independently. A multrlunsdictional eftori to handle specrfc hrgh rrsk criminal incidents, as well as inc¡dents rnvolvrng weapons of rnass desiructon, results in more effective pooltng of personnel, rmproved utilzaûon of.munrcipal funqs, reduced duphcatron o{ equrpment, improved trarntng, deveiopmeni of specralized expertise, and lncreased utrilzatlon/applrcatrón of a combined spectal'response team. This results in irnproved seruces for the ciirzens of all particrpating lurisdlctions, increased saíety for officers and the communtty, and improved cost efFectiveness. VI..TEAM OBJECTIVES The indlvidual speoalty units from each participating jurisdiction wll be consoltdated and combrned to forni the VSWAT Team. The SWAT Team shall service each partrclpatrng lurrsdlchon. Tne VSWAT Team rnay also be available to outslde law enforcement agenctes as provided by chapter 10.93 RCW The oblective of the VSWAT Team is to respond to specific high risk cnminal incidents in a npnner that proudes for the effectrve use of personnel, equtpmeni, íunds, and tralning, The VSWAT Teanr shall respond as requested by any of the parhctpating ¡urisdrc]ons and proude a coordinated response to high-risk tncldents. As special neeUs aflse, rt may be necessary to request from oiher faw enforcernenl. agencies assrstance and/or personnel, at the discreùon of the VSWAT Team lnodent Commander and/or the VSWAT Team Tactical Gomnnnder' VI¡. DURATION AND TERMINATION The mlnimum term of this Agreement shall be one (1) year, effecttve upon its adoption. Thrs Agreement shall automailcally extend for consecutîve one (1) year ferms wjthout actlon of the legrslaùve bod¡es of the partrcrpatrng lunsdtcfions, unless and unttl terrninated pursuant io the terns of thrs Agreernent T rovrdt wntten notrce of its wíthdrawal, and seryrng such nottce upon each Exe cutÍve Board member of the renralnrng lurisdrctions. A notrce of wrthdrawal shall becorne effective ntnety (90) days after servtce of the nottce on all parttclpaüng members The VSWAT team may be term¡nated by a ma¡ority vote of the Ëxecutive Board. Any vote ior terrninatron shall occur only when the pohce chief of each parficipating lunsdrcfuon rs present at the meettng ln whlch such vote is taken. VIII. GOVERNANCE The.affairs of the Team shall be governed by an ExecutÍve Board ("Boardn), whose rnernbers are composed of the police chief, or hÌsiher designee, from each partictpattng lunsdictlon. Each menrber of the Board shall have an equal vote and volce on all Board dec¡sions. All Board deqsions shall be nede by a rnajority vote of the Board VALLEI SW qT TEAM 08-1S-2010 INTEÞLOC¡L AGREEMENT Paga 1 8.H.b Packet Pg. 95 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y rnernbers, or their designees, appearíng at the meeting rn which the decision ls made. A rnajonty of Board rnembers, or their designees, must be present at each meeting for .any aqíons laken to be valid. A p'esidlng officer shall be elected by the Board togelher wíth such other offlcers as a nra1ority of the Board nny decrde. Thé Board shall meet monthly, unless olherwise deterrruned by the Board. The presidrng officer, or any BoarC rnember, rnay call extra rneetings as deemed approprrate, The presrdrng officer shall proude no less than forty-etght (48) hours notice of all meettngs to all members of the Board; PROVIDED, however, that În emergency srtuatrons, the presrdrng officer may conduct a telephontc meeting or a poll oT lndividual Board members to resolve any lssues related to such emergency. The polrcíes, regulâltons, and operatonal procedures in eflect pursuant to the previous interlocal agreement shail be in effect without action of the Board and uniil such lirne as they are subsequently altered by the Board. The VSWAT Team written poltcies, regulations, and operational procedures shall apply to all VSWAT Tearn operattons. Thus, to the extent that the wrtten polrcres, regulaùons, and opera'tional procedures of the VSWAT Team conflrct wirh 'ihe pohcres, regulalions, and operational procedures of the rndlviduaf lunsdtctions, the VSWAT Tearn wriüen policies, regulafuons, and procedu res shall prevail. IX. STAFF A Tactical Conunander, which shalf be a comrnand level officer, shâll be appointed annually by the Board to aci as the prrncipal halson and factlttator between the Board and the members of the VSWAT Team. The Tactícal Commander shall operate under lhe dlrectron of the presrdrng ofiicer of the Board Tne Tactlcal Commander shall be resoonsible for lnforrnrng the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the VSWAT Team responds to, problenrs of ihe VSVVAT Tearn, and any other matter as requested by the Board. The Tactrcal Commander may be removecj by acflon of the Board at anytime and for any reãson, wiih or wtthout cause. The Tactrcal Corrrnander shall prepare monthly wntten repo$s to the Board on the actions, progÍess, and finances of the VSWAT Team. In addition, the Tactical Cornnender shall be responsible for presenting rules, procedures, regulatons, and revrsionb thereto for Board approval. Each jurisd¡ction shall contrÍbute six (6) fullJime commtssioned officers, which shall lnclude at least one (1) Sergeant or oher firsi level supervisor, to be assigned to the VSWAT Tearn. Board approval mus: De obtained for the.¡urisdiciion to asstgn less than this staffing requtremenl, The personnel asstgned to the VSWAT Team shall be consldered employees of the contrrbuting ¡urisdtclon. The contributrng lunsdiciron shalf be solely and exclusively responsrble for the compensatron and benefits for the personnel lt contributes to the VSWAT Team. Afl nghts, dutres, and obltgations of the employer and ihe employee shall remain wtth ihe coninbuting junsdiciion. Each lursdíchon shall be responsible for ensuring compliance wrth all applicable favra vuth vALtÊY s\^rAT TEllI4 0&1s2010 ¡NTERLOÕAL AGREEMENT Page 3 8.H.b Packet Pg. 96 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y regard to ernployees and wrth provsions of any applicaOte collective bargainlng agreements and civtl service rules and regulations- The Board rnay âppotnt the finance Cepartment of a participating lurisdictton to manage the finances of the vswAT Team. Before appornling the finance department of a partrcular jurisdíction to manage the finances of the VSWAT Team, the Board Shall tonsult,wrih theflnance depanment of the¡unsdrctron and'obialn iis approval. The duW of manàgrng the finances of the VSWAT Team shall be rotated to other particrpattng jurisdictions at the discretion of the Board. The Board may, al lts drscretron, appotnt one (1) or more legal advtsors to advlse the Board on legai.,*ru*r aflrecting the VSWAT Team The f çgal advtsor{s) shall, when åppropnate ór when requested by the Board, consult wth the legal representatives of all parlrcrDaÌtng jurlsdictlons before rendenng legal advice. X. COMMAND AND CONTROL During field activation -of the VSWAT Team, an lncidþnt Commander, VSWAT Ïearn Tactlcãl Commander, and VSWAT Tearn Team Leader{s) wlll be deslgnated. The duiies and procedures to be utrtized by the lncldent Comrrander, the VSWAT Ïeam Tactrcal Comrrpnder, ard-the VSWAT Team Team Leade(s) shall be set forth ¡n the standard operatng procedures approved by the Bciard. The standard operatng procedures approved by the board may destgnate other personnel to be utilized duríng an ¡ncident XI. EQUIPMENT, TRA,INING, AND BUDGET Each parlicrpating jurisöiction shall acquire the equipment of its partícipating VSWAT Team rnembers. Each parilopating lunsdrctton shall provid€ sufficlent funds to update, rep{ace, repatr, and rnarntarn the equtpment and suppües utifized by tts particlpaflng VSWnf Team members Each particrpatrng lurisdiction shall provtde suffíclentfunds to provrde for tralntng of rts partictpatrng VSWAT Team members' The equrpment, supplies, and trarnrng provided by each jun'sdiCtion to És peüönnêl partlcipating in the VSWAT Team shall, unless otherwtse determined by the Board, be -equat to those provrded by the other partrctpatlng lurisdtcfions. Each rnember jurisdrctron shall marntâin an independent budget system to account for funds ellccated and expended by its participating VSWAT Team members' The Board musi approve any joint capital expendûure for VSWAT Team equlprnent- XII. DISTR¡BUTION OF ASSETS UPON TERMINATION Terminahon shall be in accordance with those procedures set forth ln pflor sections. Each partrclpating Junsdictron shall reiarn sole ownershrp of equipment purchased and provrded to its particrpating VSWAT Team mernbers. VALLEY SWAT TEAM 08-10'20.10 INTEruNCAL {OREEfuIENT Pega 4 8.H.b Packet Pg. 97 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y ùl .Any assets acquíred wrth joínt funds of the VSWAT feam shall be equally divlded among the partrcipatrng jurlsdrctions at the asset's fair market value upon termtnation. The value of the assets of the VSWAT Team shall be deterrnlned by using commonly accepted methods of valuatrgn. lf two (2) or more prticipahng lurisdictions desire an asset, the final decrsion shall be made by arbitratton (described below). Any property nor claimed shail be declared surplus by the Eoard and dtsposed of pursuant to state law for the disposrton of surclus property, The proceeds frorn the sale or disposttlon of any VS\I/AT Tearn property, afier payment of any end all costs of sale or debts of the agency, shall be equally dlstnbuted to those junsdiciions paÉictpating tn the VSWAT Team at the tlme of d¡ssolutton tn proportion to the jurisdiction's percentage partrcrpation in the VSWAT Team as of the date of dissolutlon. ln the event that one (1) or nnre ¡unsdlchons terminate thetr partrcrpalron ¡n the VSWAï Team, but the VSWAT Team conlrnues to exsl, the lunsdrcton termrnating parhcipation shall be deemed to have warved any right or trtle to any property owned by the VSWAî Team or to share in ihe proceeds at the time of dissolutlon. Arbrtrafion pursuant to this seclton shall'occur as follows: A.The ¡unsdrctíons interested in an asset shall select one (1) person (Arbitrator) to determ¡ne whrch âgency wll receíve the property. lf the lunsdrciions cannot agree to an Arbrtrator, the chiefs of the pnsdtctions partrcípating in the VSWAT Team upon dissolutlon shall meet to deterrnine who the Arbrtrator will be. The Arbitrator may bB any person not employed by ihe lunsdrctrons that des¡re the properþ Duríng a mee'ting wrth the Arbitrator, each jurisdictÌon interested in the properiy shall be perrnitted to make an oral and/or wrtten presentation to the Arb¡trator rn suppoltof rts posihon. At the conclusion of the preseniation, the Arbitrator shall determine which Jurisdrction rs to receive the property. The decrsron of the Arbitraior shall be final and shall not be the sub¡ect of appeal or revrew, B c. i I I 'l X¡II, LIABILIry, HOLD HARMLESS, AND INDEMNIFICATION It is the inient of the participating jurisdictions to provide seruces of the VSWAT Team wthout the ihreat of betng sub¡ect io ltabilrty to one another and to fully cooperate rn the defense of any clalms or lawsuÉs arisrng out of or connected wrth VSWAT Team. actions rhat are brought agatnst the runsdlctrons. To this end, the partrcrpahng jurisdictions agree io equal,y share responsrbtlrty and Iabrlity for the acts or omrsstons of their participating personnel when ac{tng in furtherance of this Agreement. ln the event that an action rs brought agarnst any of the parfictpatng lurrsdrctíons, each junsdrcûon shall be responsrble for an equal shere of any award for or settlenrent of clalms of damages, fines, fees, or costs, regardless of whrch .¡unsdrction or employee the acrron rs tåken against or which .lurtsdlctron or ernpioyee is ultimately responsrble for the conduct. The lurrsdicltons shall share equally regardless ol the number of junsdrctons named in the lawsut cr claim or the number of officers from each VAUEY SWAÏ TEAM (þ.I$?f¡10 I I{TËRLOC¡ L .Á GREETúENT .Pege 5 8.H.b Packet Pg. 98 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y junsdrctron named rn tÈe fawsuit or claim This section shall be sub1ect to the tondrtlons and lÌmitatlons sel forth in subsectlons A through G below' A- Jur.!.Fdrction Nol lnvoli¡ed_ln VswAT Team REsponse-. ln th9.qy91t that a Junsd'c¡on "r tts þersonnel were not invofved in ihe VSWAT Tearn response to the incident that gives lrse to a clatm or lawsuit, and.¡udgrnent on the clainr or lawsurt does noi, in any rrpnner, rmplÎcate the acts of a partrcular lunsdiction or rts personnef, such lurrsdlctton shall not be requtrgd to share responsíbilíty for ihe payrnent of ihe 1ud$ment or award. c Nothtng herein shall req"rrre, or be interpreted lo requrre indemnlfTcation or shari ng in the pairment of any judgment agai nst any VSWAT Ïeam personne lfor tntenttonally wrongful conduct that is outsrde of the scoPe of employment of anY indtvrdual or for anY ludgment of punthve darnages agatnst any tndivldual or lunsdt cflon Pâyment oí any award for punitive damages shall be the sole respon sibrlrty of the person or lurisdictton that employs the person against whom such award is rendered. Collective Represeniafion gnd Defense.' The lunsdrctions rnay retain joint teæT iorniel to collecttvely represent and defend ihe jurrsdictions in any lelal action Those jurisdtctions retaining loint counsel shall share equally the costs of such representafuon or defense- ln the event a lurisdlction does not agree to joint representation, ihe lurisdiction shall be solely responstblefor,all attorneys fees accrued by its indrvidual representaton or defense, The lurisdictions and their respecttve defense counsel shail make a good farth attempi to cooperate with other parficlpating ¡urisdictrons by, includrng but not ltmited to, providlng all documeniatton requested, and nnkrng VSWAT Team menrbers ava¡lable for depostlions, discovery, setilement conferences, strategy nreetíngs' and trial D. Removal-- From l-l¡wsurt. ln the event a jurisdrctron or employee is successful ln withdrawing or remowng the Jurisdict¡on or employee frorn a Iawsurt by surnnrary Judgnrent, qualrfred immuntTy, or otherwise, the .¡unsdrc¡on shall nonetheless be requrred to pay tis equal share of any award for or settlemeni of the lawsuit; PROVIDED, however, that tn the event a jurisdiction or employee is removed from the lawsu¡t and subsectioñ (A) of thrs sectlon ¡s sahsf¡ed, the lurisdtction shall not be' requlred to pay any share of the award or settlentent. E. Settlement Process lt is the lntent of this Agreement that the jurisdictions act ln g""d f"th on behalf of each other ln ccnduclrng settleiient negotratìons on habtltty claims or lawsutts so that, whenever posstble, all parües agree wìth the settlement or, rn the alternattve, agree to proceed to tnal ln the event a clarm or lawsuÍt requres ihe sharing of liability, no VALLEY ÊWAT TEAM O&19.20'IO |NîERLoCAL ¡GREÊI1EI'IT Paga ò 8.H.b Packet Pg. 99 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y lndividual junsdtction shall be authorÍzed to enter into a .settlement agreemeni. with a clairnant or plarntrff unless all jurisdic'tions agree wiih the terms of the settlement. Any settlernent made by an rndiudual ¡urisdrcticn w¡thout the agreement of the remainlng jurisdicùons, when required, shall not relieve lhe setllrng iurisdtction from paying an equal share of any final settlement or award DeferJse W.FrveJ. This section shall not be interpreted to vnalve any defense arÍstng out of RCW ïtle 51. l4suEnce. ïhe Ëilure of any insurance carrier or self-rnsured pooling organization to agree to or follow the terms of thÍs section shall noi reheve any rndividuallunsdrction from its obf tgations under thts Agreement. xlv. NOTtcE OF CLAIMS, LAWSUITS, AND SETTLEMENTS ln ihe event a claírn is fif ed or lawsuit is brought against a partrcrpatíng jurisdiction or its ernpioyees for actrons arising out of therr conduct rn support of VSWAT Tearn operations, the jurrsdiction shall promptly notify the other.lurísdrcitons that the claim or lawsuit has been rn¡trated. Any documentation, rncluding the claim or legal complaints, shall prornpily be prouded to each particpatinglunsdictron. Añy junsdiction or mernber who believes or knows that anoiher jurisdlction would be frable for a c{aim, settlement, or ¡udgrneni that arises from a VSWAT Tearn action or operation, shall have the burden of notifyíng each particrpatung¡urisdtction crf all cÍainn, lawsuits, settlements, or dernands made to that jurisdict¡on, ln the event a particrpating junsdicton has a right, pursuant to sectron Xlll of thrs Agreement, to be defended and held harmless by another paúcipating lurisdicùon, the lurfsdictron haung the right to be defended and held harmless shall prompily tender the defense of such cfalm or lawsuit to the junsdrctron that must defend and hcild the other harmless. XV. PROCESSING OF CLAIMS. F G A. VALLEY sWAr Tf*M o$ Ís-?0lo lflTÊRLtf C,AL .q C REEI,IENT Designation of Lead Jurisdíction- There shall be a lead lurisdiction for processing a clarm ihai is dled wrth and agarnst ciiies for alleged damages and injunes that occur as a result of VSWAT Team actrvrtjes The fead lunsdrctron shall be the lurrsdrcfuon wthrn which the VSWAT Team response occured; PR,OVIDED, that rn the event the lunsdìctis¡ luthin whlch the VSWAT Team response occurred cjid not parlicrpate rn the VSWAT Team response, the lead . lurisdrcüon shall be the jurisdrction w¡thrn whrch the lncident tha't required the VSWAT Team response origrnaied. In the event that a jurisdiction that was not rnvoived rn the VSWAT Team response receives ihe claim, that lurisdiction shall notrfy the other junsdictions in accordance w¡th Sectlon XtV of this Agreement, and shall use lts best eflorts to determine who rs the approprrate lead lurisdiction. PrsE 7 8.H.b Packet Pg. 100 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y B.Assistance of Tactical Gommander' The VSWAT Team Tacilcal Commander shall assist the lead jurísdiction in responding to a clatm. The VSWAT Team Tactical Cornmander shall be reÅponsrble for gathering all records relating to the VSWAT Team response. These rãcords shall include, but are not limited to, lncident ¡-*pbrts, notes, transcnpts, photos, evidence Iogs, recorded statements, documents from emergency dlspatch centers, and WarrantS frorn all junsdrcfions that participãted tn the VSWAT Team response. The Tactical 'Commander shail also provide a ljst of personnel who parircrpated in 'the response and thetr contaci infoi'rnation. The Tactlcal Conrmander shåll deliver all copies of the records to the lead lunsdtction prornptly upon request Glaims of $5,000 or Less.c. I 'l t.Lead Jurisdiction Respons ibilities. The lead lurisdictron shali be responsible for worktng w¡th the Tactlcal comnrander to gather records relatng to the vswAT Team response The lead JurisdÍctron shail provide records to lts insurance orovider and shall ass¡5t lts insurance provlder tn assesstng |abrlrty for acis associated with the clarm The lead junsdictron sha/l notlfy the oiher ju¡sdictions of any de'terminatlcns äs to liabilrty ln determrntng whether a clalrn should be paid, the lead junsdrcilon and its lnsurance prouCer shall, at a mlfllrnum' conslier the potenhal legal defenses to the claim and the costs of defendrndthe clatm Liability Determinatîon - Apportlonment of Darnages. The lead lunsdiction, with the as5¡stance of its lnsurance proUder and risk mÊnager, shall determtne whether the VSWAT Team is liable for damages set fcrth in a clalm, and whether the payment of the clalm would be in the best tnterest of the lurisdtctions and/or ¡1. e VSWAT Team. ln the event the lead ction determines thai payment of a clatm is aPpropriate,nail on ftnai ard binding .upon other jurisdicti ons and paiment shall be apportioned equally among all lunsdtcti ons that partrcipared [n the VSWAT Team response. The tnsuran ce provtder for the lead jurisdiction shall provrde full payrnent lo the claimant, and each Jurrsdiction thai particrpaied in the response shall i-ðirnburse thé rnsuralce provider for lts equal share of such payment' Prior to the payment of any claím, ånd as a condltion of .such payrnent, the tnsutance províder províding payrnent shall obtain from the clalrnant a cornplete and total release of liability on behalf of all jurrsdictrons panrcrpating ín the VSWAT Team and eath and every offiær, agent, or volunteel of those particrpating JUrlsdlctìons. vALLÉ't SwAT TÊqM 0&19-2010 INTERLOGAL AGREEMENT Pqe I 8.H.b Packet Pg. 101 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y ln the event the lead jurisdiction determines that the VSWAT Team is not Jiable for damages set forth rn a clarm or that the payment of the cJarm would not be in the best interest of the ¡urisdrctrons andlor the VSWAT feem, the lead jur¡sdrct¡on shall notify the other junsdrctrons of the determinatron, and such determlnation shall be brnding on the other jurisdictions; FROVIDED, that another þrisdiction that defennnes that payment ls appropnate may pay such claim rn full, and shall not seek reimbursernent from the olher partrcrpatrng lunsdtcrrons, Letter From lnsurance Adjusters. ln the event a lead jurisdiction, in conjunciron wiih jts ìnsurance provider, deterrnines that payment of a clalm is appropriate, the rnsurance prouder shall provÍde each of {he partícipating jurisdrcùons wlth a leüer statrng the determrnation and the bases for such determr natron, Ul. D. Claims over 95,000 Lead Jurisdiction Responsibilities. The lead.lurisdiction shall schedule a meetlng wth alljurisdictions partiopating rn the VSWAT Team to discuss the claim and to determrne the appropriate manner in which to respond and/or defend the claim. The Boarci and persons listed rn Section )0/ll of thrs Agreenrent shall be nol¡fied of the meetrng. )0/t. ÈnocEsstNG oF LAwsuns. À Notfication to Other Jurisdictions. ln the event a junsdiction rs served with a lawsuit, that on shall 0n each of the other .¡urisdicilans ln accordance wlth -Qeciron XIV of this Agreement, B. Goordinaiion of lnitial Meeting. The lurisdtctton ihat tntttally recerves a lawsuit shall schedule a rneeting wtth all of the lunsdictons partrcipating rn the VSWAT Team to dÍscuss the lawsuit and to deterrnrne the appropflate manner wthln whtch to respond and/or defend the lavr¿suit. The Board and persons listed in Sect¡on )Cr/ll of thÍs Agreement st-all be nohfied of the neettng. )O/II. NOTIFICATION OF iT-NUS AND LAWSUITS. Sectton XIV of thts Agreement requrres that the prrsdiction receiving a claim or lawsutt nofufy the oiher jurisdtchons of the claìnr or la,¡¡suit and provde dccumeniaüon of that clarm or lawsuit to ihe other jurisdictrons. Nothlng in thls Agreement shall be deemed a waiver by any partîcrpating .¡urisdrcfuon of ihe VALLEY SWAT TEAM O{I.1 g.zf} 1 O IIVTËRLIf,CÀL AGREE¡'/EI{T P"9'9 8.H.b Packet Pg. 102 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y requirements set forth in Chapfer 4.96 RCW, and the lact that..J.participating lulsdiction proudes notlce 0r coptes of a claim to anoiher junsdiction shatl not te deemed'comp¡ance wlth the requtrement that a party who files sult agatnst a .¡unsdicilon fìrst file a ctarm with thelurisdrction in accordance w¡th Chapter 4 96 nCW. Moreover, nothlng in this Agreernent shall be deemed acceptance of serulce of a lawsuit, and the fact that a paûcrpatlng.¡urrsdtction prcvides nottce or copíes of a lawsuri to another .¡unsdictton shall not be deerned adequate' ."*,"à of such lawsuit in accordance wrth the State or Federal Rules of Glvil Procedure or the Revtsed Code of Washington. For the purposes of implemen:rng Section XIV of thìs Agreement, the following persons' frçm each lunsdiction shall recelve any requrred notÍficahon or - documentation: Kent City AttomeY 220 4t¡' Avenue South Keñt, WA 98032 (253) 856-5781 Kent: Aubum Cdy AttomeY 25 West Main Street Aubum, WA 98001 (253) e31'3030 Auburn: Kent R¡sk Manager 220 4h Avenue South Kent, WA 98032 (253) 856-5285 Aubum Police Chief 340 East Matn Street,,$utte 201 Aubum, WA 98002 (253) 931-3080 -ãuburn Human Resources ' Dlrector/Risk Manager 25 West Maln Street Aubum, WA 98001 (253)s31-3040 Kent City Clerk 22o 41h Avenue Souül Kent, WA 98032 (253)85F,5728 Kent Police Chief 220 4ù Avenue South Kent, WA 98032 (253) 856-5888 Aubum Cfty Clerk 25 West Main Streel Aubum, "¡/A 98001 (253) s31-3039 Federal Way Ctty Clerk 33325 - th Avenue South FeCeralWay, WA 980Û3 Fed.p.¡:alXray: Po¡t of Seattie Claims Manager P.O. Box 68727 seåtue, wA s8168 Pqrt otQ,eattlq: Federal WaY CttY AttorneY 33325 - 8tr Avenue South FederalWay, WA g80o3 Cdv Clerk Tukwila: VALLË,Y SWAT TEAM OB'IS?O IO INTERLICA! AGREEIIiË¡TT P4e lll 8.H.b Packet Pg. 103 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y Crty of Tukwrla 6200 Southcanter Blvd. Tularuila, WA S8188 wGt4: Cblms Manager WCIA F,O Box 1165 Renton, WA 98057 ßenfon: Renton Risk Manager 1055 $o Grady Way Renton, WA 98057 CIAW: Ðirector of Claims Canfield & Associates. lnc. 451 Dtamond Dnve Ephrata, WA 98823 XVIII. GOMPLIANCE WITH THE LAW The VSWAT Tearn and âll its members shall comply with all federal, state, and local laws that apply to the VSWATTeam. ' hacn Junsor snal I nra rntatn lraining records related t0 ffie SWAT Team for a minrrnum of seven (7) years A copy of these records will be forwarded and ma¡ntained wth ihe designated VSWAT Team Training Coordlnator. All records shall be avallable for full tnspecton and copyrng by each participating jurisdíctron. XXI. FILING Upon execut¡on heresf, this Agreement shall be filed wlth the city clerks of ihe respect¡ve partiopating muntcipaltües, and such other governmen'tal agencies as may be requrred by law HII. SEVER,ABILITY XIX. ALTER.ATIONS This Agreement rnay be modified, amended, or altered by agreement of all partrcrpaüng Jurisdrchons and s.nrcþtq[èratlon, amenärgç"nt,'or modtflcation shall be effectrve.when reduced to wrltihgrand eùrecuted'irÍ-å'tnånrier conststent with paragraph XXltì of thisAgreement ^ ' )O(. RECORDS VAIITY .sWAT TEAM (l&I92ÛIO NTËRLOCAL ASREEMENT Psde I ¡ 8.H.b Packet Pg. 104 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y lf any par! paragraph, section, or þ'roùision of this Agreer;nenr l-s_held to bp lnwlid by any ðoirrt of compet'entlurisd¡cüon, sucfr adJudlcation shall not affect the wlldlty o'f any 'rerirainlng sèdion, pari, or provision of thls Agreemenl }OOil: MUNICIPAL AUTHORTZATIONS 'This Agreemeni shall be executed ot'behalf of eadr þrtldpating jun'sdictlo¡ by lts duly autlaoriËed'represent¿tr've and pursuáhtlo an approprl'ate,resolutuon or ordfnance sf ihe gove-m[ng Uo'Oy bf eafi pariicipating ]urisdictlon. ills Agfeenrent shall be deemed Ëæ"t¡vb'upon ihefast daie a o<ecuäon bythe last so aufrorized represenHÍve. Thfs AgredmÞhi rnay be aæcuied by cgìrn{erparts and be valrd as if each authoriåed repres€rrlÊtjve tnd signed the original document. By helow, the slgnor certifj.es that he or she of tfre jurisdictlon, and of çjry of DÉtE of Aubum Date CiiyAttorney, CltY Ren{on uthorÌty úo slgn thls agrÉes to the terms Ðale +J) 4 of Date Dale C¡tyAttofnery, {r Datè Glty Clerh QtY of fuhrvüa clry of Keqt Pate city Attomey, Glty of Kent Þate Ðate Cltyele{k, CltY of J. clry of Federal vAl-ËËY. 3I¡rÀTrTEAM,0el Þ2010 lñ¡ERLocÂt ÀGREB¡IENT Ðale Dale PBãð l.l. Gity.oi way 8.H.b Packet Pg. 105 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y By slgnlng below, the signor certlfies that he or she hes the authorÍty úo sîgn this Agreement on behalf of'tJre jurísdiction, and the jurisdiction agrees to the ferms of this Agreernent Mayor, Gity of Aubum Dab CityAttomey, City of Aubum Dab Clty Clerlt, Cfy of Aubum Date Mayor, Gity of Renton DaÞ CúyAttomey, City of Renton Date CiV Cterlç City of Renton Date Mayor, City Clerk, City of Gn d,,,J-.,| Qffi t'=/loi I t Date Ciï!' httorney, cüy ff Tukwila bate Date Mayor, Ciiy of Kent Date CTty Attorney, Ci$ of Kent Date City Clerk, Crty of Kent Date Glty Manager, Clty of Ëederal Way Date City Attôn'ey, Gity of FederalWay Date Clty Cler[ Cþ of Federal Way Date vAtLEY s{/VAÎ TEA¡¡ oç1 e¿fi o bITERLOCALAffiEEMEI.IT R¡søt2. 8.H.b Packet Pg. 106 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y lf any part, paragraph, sbctlon, or provisíon of thls. Agreemênt ís held to be invalld by any court of competentJurlsdiction, sLtch adJudlcation shall not affect lhe valldlty of any remarnlng sectlon, part, or pto,vision of this ,{greement. )OflII, MIUNICIFAL AUTHORIZATIONS Thls Agreement shall be executed on behalf of each particlpating jurisdlctlon by lts duty authorized representatlve and púrsuant to an appropriatd resolution or ordinance of the governing body of each parficlpating jurisdlction. Thls Agreement shall'be deemed effective upon the last date of execullon bythe last so authorized representatlve, Thls Agreement may b.e executed by'counterparts and be vafid as if each authorfzed representative had slgned the origlnal document. By slgnlng belorv, the signor certifies that he ol she [as the authority to slgn thls Agreement on behalf of the jurlsdlctlon, and ihe jurisdlction agrees to the terms of this Agreement Mayor, City of Auburn Date , CIty Atiorney, Clty of Aubum uâte Clty tlerk, Clty of Auburn Date of Renton Date Clfy Aftorney, Clty of Renton Ðate Clty Clerk, Clty of Renton Date Mayor, Clty of Tul$/vllâ Date Clty Attomey, Clty of Tultllla of Tukwrla Clerk, àn J' Clty Man of FederalWay Date City Daie Datg VATLEY SWAT TÊAM O&1 9.201 O INTERLOCÁL AGREEI,IENI Paga 12 City of way 8.H.b Packet Pg. 107 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y ¿lr ou CiVof Cñlef Executive Offlcer , Port of Seattle ' 'Date Port Counsgl, Port of Seatile Date 1 ) I I¡ I I ¡ I { J 1 J { ì J .J j Ii I ' Vâtl.EY swrliTE¡¡t¡oe&æd n¡rd.oc¡l rs-qha¡enr + ÞCr l.t 8.H.b Packet Pg. 108 At t a c h m e n t : V S W A T - O r i g i n a l I L A A g r e e m e n t ( 2 1 5 3 : R e s o l u t i o n A p p r o v i n g t h e A d m i t t a n c e o f t h e C i t y o f D e s M o i n e s a s a M e m b e r o f t h e V a l l e y DATE: January 21, 2020 TO: Kent City Council SUBJECT: King County Veterans, Seniors and Human Services Levy Agreement - Authorize MOTION: Approve the King County Veterans, Seniors and Human Services Levy Agreement, and ratify the Mayor’s signing of that Agreement, to accept $510,218 in levy funds for the term 10/1/2019 through 12/31/2020; amend the 2020 budget; and authorize the expenditure of funds. SUMMARY: The Parks, Recreation and Community Services Department’s Kent Senior Activity Center was recently awarded $1,403,689 from the King County Veterans, Seniors and Human Services Levy (VSHSL). The term of funding spans five years, 2019-2023, and is intended to assist the Kent Senior Activity Center in becoming a more inclusive senior hub, providing seniors and/or caregivers who live in the City of Kent and surrounding areas of unincorporated King County opportunities to experience social engagement and connection, engage in activities that promote healthy aging, and access to resources that support seniors to live in their communities of choice. In addition to programmatic and related services outreach, this funding will provide for several one-time Senior Center facility improvements or enhancements. Within the contract proposal and award, is funding identified to hire two new employees to join the existing staff team at the Senior Center; a new Senior Center Outreach Coordinator and Senior Center Program Assistant. These two full time employees are limited term employees, funded 100% by VSHSL funding. Levy funding is authorized on an annual basis over the five -year term of this agreement. Park staff will present to Council again in late 2020/early 2021, to accept and authorize the VSHSL 2021-2023 contract award. It is anticipated that King County will seek to renew the VSHSL upon completion in 2023 and we will apply for funding at that time. However, if not successful or there is a change in direction, these staff members, as well as related Kent Senior Center services and programs, will be directly impacted. The Parks Director and City Attorney have both reviewed and approved of the terms of the levy agreement. However, due to King County timelines, the agreement was signed before Council approval was obtained. No launch or 8.I Packet Pg. 109 encumbrance on the Levy occurred and will not occur until final Council approval and adoption. Because the agreement was signed prior to formal approval, Council ratification is also sought. BUDGET IMPACT: $510,218. A new account, within the Parks Department / Senior Center will be created for these funds. Future approval will be requested for levy years 2021, 2022, 2023. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Innovative Government, Sustainable Services ATTACHMENTS: 1. VSHSL Contract 2019-2020 (PDF) 01/14/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM 8.I Packet Pg. 110 This form is available in alternate formats upon request for persons with disabilities. Kent Senior Activity Center - City of Kent Kent Senior Activity Center Page 1 of 10 2019/2020 Contract - 6118918 Department of Community and Human Services 206-263-9100 TTY Relay: 711 KING COUNTY COMMUNITY AND HUMAN SERVICES CONTRACT – 2019/2020 Contractor Kent Senior Activity Center - City of Kent Kent Senior Activity Center Project Title Kent Senior Activity Center- City of Kent Contract Amount $ 510,218 Contract Period From: 10/01/2019 To 12/31/2020 DUNS No. (if applicable) 020253613 SAM No. (if applicable) THIS CONTRACT No. 6118918 is entered into by KING COUNTY (the “County”), and Kent Senior Activity Center - City of Kent (the “Contractor”) whose address is 600 East Smith St, Kent, WA 98030. FUNDING SOURCES FUNDING LEVELS EFFECTIVE DATES COUNTY $510,218 10/01/2019 - 12/31/2020 TOTAL $510,218 10/01/2019 - 12/31/2020 WHEREAS, the County has been advised that the foregoing are the current funding sources, funding levels and effective dates, and WHEREAS, the County desires to have certain services performed by the Contractor as described in this Contract, NOW THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually agree as follows: I. Incorporation of Exhibits The Contractor shall provide services and comply with the requirements set forth in the following attached exhibits, which are incorporated herein by reference: Certificates of Insurance/Endorsements Attached hereto as Exhibit I Kent Senior Activity Center- City of Kent Attached hereto as Exhibit II II. Term and Termination A. This Contract shall commence on 10/01/2019, and shall terminate on 12/31/2020, unless extended or terminated earlier, pursuant to the terms and conditions of the Contract. B. This Contract may be terminated by the County or the Contractor without cause, in whole or in part, at any time during the term specified in Subsection II.A. above, by providing the DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 111 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 2 of 10 2019/2020 Contract - 6118918 other party 30 days advance written notice of the termination. The Contract may be suspended by the County without cause, in whole or in part, at any time during the term specified in Subsection II.A. above, by providing the Contractor 30 days advance written notice of the suspension. C. The County may terminate or suspend this Contract, in whole or in part, upon seven days advance written notice in the event: (1) the Contractor materially breaches any duty, obligation, or service required pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible, illegal, or not feasible. If the Contract is terminated by the County pursuant to this Subsection II.C. (1), the Contractor shall be liable for damages, including any additional costs of procurement of similar services from another source. If the termination results from acts or omissions of the Contractor, including but not limited to misappropriation, nonperformance of required services, or fiscal mismanagement, the Contractor shall return to the County immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by the County. D. If County or other expected or actual funding is withdrawn, reduced, or limited in any way prior to the termination date set forth above in Subsection II.A., the County may, upon written notification to the Contractor, terminate or suspend this Contract in whole or in part. If the Contract is terminated or suspended as provided in this Section: (1) the County will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination or suspension; and (2) the Contractor shall be released from any obligation to provide such further services pursuant to the Contract as are affected by the termination or suspension. Funding or obligation under this Contract beyond the current appropriation year is conditional upon appropriation by the County Council and/or other identified funding source(s) of sufficient funds to support the activities described in the Contract. Should such appropriation not be approved, this Contract will terminate at the close of the current appropriation year. The current funding sources associated with this Contract are specified on page 1. If the Contract is suspended as provided in this Section the County may provide written authorization to resume activities. E. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either party may have in the event that the obligations, terms, and conditions set forth in this Contract are breached by the other party. III. Compensation and Method of Payment A. The County shall reimburse the Contractor for satisfactory completion of the services and requirements specified in this Contract and its attached exhibit(s). B. The Contractor shall submit an invoice and all accompanying reports as specified in the attached exhibit(s), including its final invoice and all outstanding reports. The County shall initiate authorization for payment to the Contractor not more than 30 days after a complete and accurate invoice is received. C. The Contractor shall submit its final invoice and all outstanding reports as specified in this contract and its attached exhibit(s). If the Contractor’s final invoice and reports are not submitted as specified in this contract and its attached exhibit(s), the County will be relieved of all liability for payment to the Contractor of the amounts set forth in said invoice or any subsequent invoice. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 112 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 3 of 10 2019/2020 Contract - 6118918 IV. Internal Control and Accounting System The Contractor shall establish and maintain a system of accounting and internal controls which complies with generally accepted accounting principles promulgated by the Financial Accounting Standards Board (FASB), the Governmental Accounting Standards Board (GASB), or both as is applicable to the Contractor’s form of incorporation. V. Debarment and Suspension Certification Entities that are debarred, suspended, or proposed for debarment by the U.S. Government are excluded from receiving federal funds and contracting with the County. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor also agrees that it will not enter into a subcontract with a contractor that is debarred, suspended, or proposed for debarment. The Contractor agrees to notify King County in the event it, or a subcontractor, is debarred, suspended, or proposed for debarment by any Federal department or agency. Debarment status may be verified at https://www.sam.gov/. VI. Maintenance of Records/Evaluations and Inspections A. The Contractor shall maintain accounts and records, including personnel, property, financial, and programmatic records and other such records as may be deemed necessary by the County to ensure proper accounting for all Contract funds and compliance with this Contract. B. In accordance with the nondiscrimination and equal employment opportunity requirements set forth in Section XIV. below, the Contractor shall maintain the following: 1. Records of employment, employment advertisements, application forms, and other pertinent data, records and information related to employment, applications for employment or the administration or delivery of services or any other benefits under this Contract; and 2. Records, including written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to participate on this Contract, and any other information necessary to document the actual use of and payments to subcontractors and suppliers in this Contract, including employment records. The County may visit the site of the work and the Contractor’s office to review the foregoing records. The Contractor shall provide every assistance requested by the County during such visits and make the foregoing records available to the County for inspection and copying upon request. The Contractor shall provide right of access to its facilities—including those of any subcontractor assigned any portion of this Contract pursuant to Section XIII—to the County, the state, and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Contract. The County will give advance notice to the Contractor in the case of fiscal audits to be conducted by the County. The Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations or statutes included or referenced in the contract documents. The Contractor shall inform the County in writing of the location, if different from the Contractor address listed on page one of this Contract, of the aforesaid books, records, documents, and other evidence and shall notify the County in writing of any changes in location within 10 working days of any such relocation. C. The records listed in A and B above shall be maintained for a period of six years after termination of this Contract. The records and documents with respect to all matters covered by this Contract shall be subject at all time to inspection, review, or audit by the County and/or federal/state officials so authorized by law during the performance of this DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 113 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 4 of 10 2019/2020 Contract - 6118918 Contract and six years after termination hereof, unless a longer retention period is required by law. D. If applicable, medical records shall be maintained and preserved by the Contractor in accordance with state and federal medical records statutes, including but not limited to RCW 70.41.190, 70.02.160, and standard medical records practice. If the Contractor ceases operations under this Contract, the Contractor shall be responsible for the disposition and maintenance of such medical records. E. The Contractor agrees to cooperate with the County or its agent in the evaluation of the Contractor’s performance under this Contract and to make available all information reasonably required by any such evaluation process. The results and records of said evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56. F. The Contractor agrees that all information, records, and data collected in connection with this Contract shall be protected from unauthorized disclosure in accordance with applicable state and federal law. VII. Compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) The Contractor shall not use protected health information created or shared under this Contract in any manner that would constitute a violation of HIPAA and any regulations enacted pursuant to its provisions. Contractor shall read and certify compliance with all HIPAA requirements at http://www.kingcounty.gov/DCHS/contracts VIII. Audits A. If the Contractor is a Non-Federal entity as defined in 2 CFR Part 200.69, and expends $750,000 or more during the Non-Federal entity’s fiscal year in Federal awards, then the Contractor shall meet the audit requirements as described in 2 CFR Part 200 Subpart F. B. A Contractor, for-profit or non-profit that is not subject to the requirements in SECTION VIII. A. and receives in excess of $100,000 in funds during its fiscal year from the County, shall provide fiscal year audited financial statements prepared by an independent Certified Public Accountant or Accounting Firm within nine months subsequent to the close of the Contractor’s fiscal year (if applicable, see SECTION VIII. E.). C. Non-profit contractors who receive less than $100,000 from the County during their fiscal year shall provide 1) form 990 within 30 days of its being filed; and 2) a full set of annual internal financial statements. D. For-profit contractors who receive less than $100,000 from the County during their fiscal year shall provide 1) income tax return within 30 days of its being filed; and 2) a full set of annual internal financial statements. E. A Contractor that is not subject to the requirements in SECTION VIII. A. may, in extraordinary circumstances, request a waiver of audit requirements and, with the review and upon approval of the County, substitute for the above requirements other forms of financial reporting or fiscal representation certified by the Contractor’s Board of Directors, provided the Contractor meets the following criteria: 1. That financial reporting and any associated management letter show no reportable conditions or internal control issues; and 2. There has been no turnover in key staff since the beginning of the period for which the financial reporting was completed. IX. Corrective Action If the County determines that a breach of contract has occurred, that is, the Contractor has failed to comply with any terms or conditions of this Contract or the Contractor has failed to DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 114 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 5 of 10 2019/2020 Contract - 6118918 provide in any manner the work or services agreed to herein, and if the County deems said breach to warrant corrective action, the following sequential procedure will apply: A. The County will notify the Contractor in writing of the nature of the breach; The Contractor shall respond in writing within ten working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies. The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall not be more 30 days from the date of the Contractor’s response, unless the County, at its sole discretion, specifies in writing an extension in the number of days to complete the corrective actions; B. The County will notify the Contractor in writing of the County’s determination as to the sufficiency of the Contractor’s corrective action plan. The determination of sufficiency of the Contractor’s corrective action plan shall be at the sole discretion of the County; C. In the event that the Contractor does not respond within the appropriate time with a corrective action plan, or the Contractor’s corrective action plan is determined by the County to be insufficient, the County may commence termination or suspension of this Contract in whole or in part pursuant to Section II.C.; D. In addition, the County may withhold any payment owed the Contractor or prohibit the Contractor from incurring additional obligations of funds until the County is satisfied that corrective action has been taken or completed; and E. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section II., Subsections B, C, D, and E. X. Dispute Resolution The parties shall use their best, good-faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. XI. Hold Harmless and Indemnification A. In providing services under this Contract, the Contractor is an independent Contractor, and neither it nor its officers, agents, or employees are employees of the County for any purpose. The Contractor shall be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services and shall make no claim of career service or civil service rights which may accrue to a County employee under state or local law. The County assumes no responsibility for the payment of any compensation, wages, benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by reason of this Contract. The Contractor shall protect, indemnify, defend and save harmless the County, its officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor’s failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor employees or other suppliers in connection with or support of the performance of this Contract. B. The Contractor further agrees that it is financially responsible for and will repay the County all indicated amounts following an audit exception which occurs due to the negligence, intentional act, and/or failure, for any reason, to comply with the terms of this Contract by the Contractor, its officers, employees, agents, and/or representatives. This duty to repay the County shall not be diminished or extinguished by the prior termination of the Contract pursuant to the Term and Termination section. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 115 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 6 of 10 2019/2020 Contract - 6118918 C. To the maximum extent permitted by law, the Contractor shall protect, defend, indemnify, and save harmless the County, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the Contractor, its officers, employees, subcontractors and/or agents, in its performance and/or non-performance of its obligations under this Contract. The Contractor agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the County only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the County incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor. D. To the maximum extent permitted by law, the County shall protect, defend, indemnify, and save harmless the Contractor, its officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of, or in any way resulting from, the negligent acts or omissions of the County, its officers, employees, and/or agents, in its performance and/or non-performance of its obligations under this Contract. The County agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, the County, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom including reasonable attorneys’ fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the County. E. Claims shall include, but not be limited to, assertions that use or transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice. F. Nothing contained within this provision shall affect and/or alter the application of any other provision contained within this Contract. G. The indemnification, protection, defense and save harmless obligations contained herein shall survive the expiration, abandonment or termination of this Agreement. XII. Insurance Requirements By the date of execution of this Contract, the Contractor shall procure and maintain for the duration of this Contract, insurance as described in this section including the link below, against claims for injuries to persons or damages to property which may arise from, or in connection with, the performance of work hereunder by the Contractor, its agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Contractor or subcontractor. The Contractor may furnish separate certificates of insurance and policy endorsements for each subcontractor as evidence of compliance with the insurance requirements of this Contract. Any provision in any Contractor or subcontractor insurance policy that restricts available limits of liability in a written agreement or contract shall not apply. The Contractor is responsible for ensuring compliance with all of the insurance requirements stated herein. Failure by the Contractor, its agents, employees, officers, subcontractors, providers or provider subcontractors to comply with the insurance requirements stated herein shall constitute a material breach of this Contract. Specific coverage types and limit requirements can be found by visiting http://www.kingcounty.gov/DCHS/contracts. Contractors shall read and provide DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 116 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 7 of 10 2019/2020 Contract - 6118918 required insurance documentation prior to the signing of this Contract. Evidence of Insurance and endorsements shall be provided as described in EXHIBIT I. XIII. Assignment/Subcontracting A. The Contractor shall not assign or subcontract any portion of this Contract or transfer or assign any claim arising pursuant to this Contract without the written consent of the County. Said consent must be sought in writing by the Contractor not less than 15 days prior to the date of any proposed assignment. B. “Subcontract” shall mean any agreement between the Contractor and a subcontractor or between subcontractors that is based on this Contract, provided that the term “subcontract” does not include the purchase of (1) support services not related to the subject matter of this Contract, or (2) supplies. C. The Contractor shall include Sections IV, V, VI, VII, XI A, XI B, XI G, XIII, XIV, XV, XVI, XVII, XVIII, XXIV, XXV, and XXVI, in every subcontract or purchase agreement for services that relate to the subject matter of this Contract. D. The Contractor agrees to include the following language verbatim in every subcontract for services which relate to the subject matter of this Contract: “Subcontractor shall protect, defend, indemnify, and hold harmless King County, its officers, employees and agents from any and all costs, claims, judgments, and/or awards of damages arising out of, or in any way resulting from the negligent act or omissions of subcontractor, its officers, employees, and/or agents in connection with or in support of this Contract. Subcontractor expressly agrees and understands that King County is a third party beneficiary to this Contract and shall have the right to bring an action against subcontractor to enforce the provisions of this paragraph.” XIV. Nondiscrimination and Payment of a Living Wage A. The Contractor shall comply with all applicable federal, state and local laws regarding discrimination, including those set forth in this Section. B. During performance of the Contract, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of the employee or applicant's sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualification. The Contractor will make equal employment opportunity efforts to ensure that applicants and employees are treated equitably, without regard to their sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age. Additional requirements are at http://www.kingcounty.gov/DCHS/contracts. In accordance with King County Ordinance 17909, as a condition of award for contracts for services with an initial or amended value of $100,000 or more, the Contractor agrees that it shall pay and require all Subcontractors to pay a living wage as described in the ordinance, to employees for each hour the employee performs a Measurable Amount of Work on this Contract. The requirements of the ordinance, including payment schedules, are detailed at https://www.kingcounty.gov/depts/finance-business- operations/procurement/about-us/Living-Wage.aspx Violations of this requirement may result in disqualification of the Contractor from bidding on or being awarded a County contract for up to two years; contractual remedies including, but not limited to, liquidated damages and/or termination of the Contract; remedial action as set forth in public rule; and other civil remedies and sanctions allowed by law. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 117 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 8 of 10 2019/2020 Contract - 6118918 XV. Conflict of Interest A. The Contractor agrees to comply with applicable provisions of K.C.C. 3.04. Failure to comply with such requirements shall be a material breach of this contract, and may result in termination of this Contract pursuant to Section II and subject the Contractor to the remedies stated therein, or otherwise available to the County at law or in equity. B. The Contractor agrees, pursuant to KCC 3.04.060, that it will not willfully attempt to secure preferential treatment in its dealings with the County by offering any valuable consideration, thing of value or gift, whether in the form of services, loan, thing or promise, in any form to any county official or employee. The Contractor acknowledges that if it is found to have violated the prohibition found in this paragraph, its current contracts with the county will be cancelled and it shall not be able to bid on any county contract for a period of two years. C. The Contractor acknowledges that for one year after leaving County employment, a former County employee may not have a financial or beneficial interest in a contract or grant that was planned, authorized, or funded by a County action in which the former County employee participated during County employment. Contractor shall identify at the time of offer current or former County employees involved in the preparation of proposals or the anticipated performance of Work if awarded the Contract. Failure to identify current or former County employees involved in this transaction may result in the County’s denying or terminating this Contract. After Contract award, the Contractor is responsible for notifying the County’s Project Manager of current or former County employees who may become involved in the Contract any time during the term of the Contract. XVI. Equipment Purchase, Maintenance, and Ownership A. The Contractor agrees that any equipment purchased, in whole or in part, with Contract funds at a cost of $5,000 per item or more, when the purchase of such equipment is reimbursable as a Contract budget item, is upon its purchase or receipt the property of the County and/or federal/state government. The Contractor shall be responsible for all such property, including the proper care and maintenance of the equipment. B. The Contractor shall ensure that all such equipment will be returned to the County or federal/state government upon termination of this Contract unless otherwise agreed upon by the parties. XVII. Proprietary Rights The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article should result from the work described herein, all rights accruing from such material or article shall be the sole property of the County. The County agrees to and does hereby grant to the Contractor, irrevocable, nonexclusive, and royalty-free license to use, according to law, any material or article and use any method that may be developed as part of the work under this Contract. The foregoing products license shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor which are modified for use in the performance of this Contract. The foregoing provisions of this section shall not apply to existing training materials, consulting aids, checklists, and other materials and documents of the Contractor that are not modified for use in the performance of this Contract. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 118 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 9 of 10 2019/2020 Contract - 6118918 XVIII. Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Contract shall be used for any partisan political activity or to further the election or defeat of any candidate for public office. XIX. King County Recycled Product Procurement Policy In accordance with King County Code 18.20, the Contractor shall use recycled paper, and both sides of sheets of paper whenever practicable, when submitting proposals, reports, and invoices, if paper copies are required. XX. Future Support The County makes no commitment to support the services contracted for herein and assumes no obligation for future support of the activity contracted herein except as expressly set forth in this Contract. XXI. Entire Contract/Waiver of Default The parties agree that this Contract is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the Contract shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Contract unless stated to be such through written approval by the County, which shall be attached to the original Contract. XXII. Contract Amendments Either party may request changes to this Contract. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Contract. XXIII. Notices Whenever this Contract provides for notice to be provided by one party to another, such notice shall be in writing and directed to the chief executive office of the Contractor and the project representative of the County department specified on page one of this Contract. Any time within which a party must take some action shall be computed from the date that the notice is received by said party. XXIV. Services Provided in Accordance with Law and Rule and Regulation The Contractor and any subcontractor agree to abide by the laws of the state of Washington, rules and regulations promulgated thereunder, and regulations of the state and federal governments, as applicable, which control disposition of funds granted under this Contract, all of which are incorporated herein by reference. In the event that there is a conflict between any of the language contained in any exhibit or attachment to this Contract, the language in the Contract shall have control over the language contained in the exhibit or the attachment, unless the parties affirmatively agree in writing to the contrary. XXV. Applicable Law This Contract shall be construed and interpreted in accordance with the laws of the State of Washington. The venue for any action hereunder shall be in the Superior Court for King County, Washington. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 119 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center - City of Kent Page 10 of 10 2019/2020 Contract - 6118918 XXVI. No Third Party Beneficiaries Except for the parties to whom this Contract is assigned in compliance with the terms of this Contract, there are no third party beneficiaries to this Contract, and this Contract shall not impart any rights enforceable by any person or entity that is not a party hereto. XXVII. Contractor Certification By signing this Contract, the Contractor certifies that in addition to agreeing to the terms and conditions provided herein, the Contractor certifies that it has read and understands the contracting requirements on the DCHS website at http://www.kingcounty.gov/DCHS/contracts and agrees to comply with all of the contract terms and conditions detailed on that site, including EEO/Nondiscrimination, HIPAA, Insurance, and Credentialing, as applicable. XXVIII. Emergency Response Requirements Within three months of the execution of the contract, the Contractor shall prepare and submit to the County the necessary plans, procedures and protocols to: A. Respond to and recover from a natural disaster or major disruption to contractor operations such as a work stoppage. B. Continue operations during a prolonged even such as a pandemic. By signing this contract, the contractor certifies they have read and agree to the additional emergency response requirements at the DCHS website at http://www.kingcounty.gov/DCHS/contracts IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this Contract: KING COUNTY KENT SENIOR ACTIVITY CENTER - CITY OF KENT FOR King County Executive Signature Date Name (Please type or print) Date DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C Dana Ralph 12/31/2019 12/31/2019 8.I.a Packet Pg. 120 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/12/2019 Seattle-Alliant Insurance Services,Inc. 1420 Fifth Avenue,Suite 1500 Seattle WA 98101 Safety National Casualty 15105 KE583802 City of Kent 220 Fourth Avenue South Kent WA 98032-5895 350096668 A X 2,000,000 X 500,000 2,000,000 4,000,000 Y GL4058201 1/1/2019 1/1/2020 4,000,000 SIR 500,000 A 2,000,000 X Deductible Y CAS4058202 1/1/2019 1/1/2020 SIR 500,000 A SP4059829 1/1/2019 1/1/2020 1,000,000* 1,000,000 1,000,000 A Stop Gap Professional Liability GL4058201 1/1/2019 1/1/2020 Each Occurrence Aggregate Deductible $2,000,000 $4,000,000 $500,000 *Work Comp has a $500,000 SIR RE:Levy money from King County King County,its officers,officials,employees and agents are added as Additional Insured per form SNGL 022 1111 attached. King County Community Services Division 401 5th Ave Suite 500 Seattle WA 98104 DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 121 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SNGL 022 1111 Safety National Casualty Corporation Page 1 of 2 DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Person(s) or Organization(s): Person(s) or Organization(s) as required by written contract. Any individually scheduled Designated Additional Insured shall not be construed to override nor negate this blanket Designated Additional Insured. Designated Project, Location, or Work of Covered Operations: As per written contract or agreement with the above described person(s) or organization(s). CHANGE SECTION II - WHO IS AN INSURED is amended to include: 4. The person(s) or organization(s) shown in the Schedule above with whom you have agreed in a written contract to provide insurance such as is afforded under this Coverage Form, is included as an Additional Insured subject to the below: a. Insurance for such Additional Insured(s) scheduled above shall be afforded only to the extent that such Additional Insured is liable for “bodily injury”, “property damage” or “personal and advertising injury” caused by your acts or omissions while actively engaged in the performance of your ongoing operations involving the project(s), locations(s), or work designated in the Schedule and as specified in the contract between you and the above scheduled Additional Insured(s). b. The insurance afforded under this Coverage Fo rm to such Additional Insured(s) applies only: (1) If the “occurrence” or offense takes place subsequent to the execution and effective date of such written contract: and, (2) While such written contract is in force, or until the end of the policy period, which ever occurs first . c. How Limits Apply to Additional Insured(s) The most we will pay on behalf of the Additional Insured(s) scheduled above is the lesser of: (1) The limits of insurance specified in the written contract or written agreement; or, (2) The Limits of Insurance provided by the Coverage Form. The amount we will pay on behalf of such Additional Insured(s) shall be a part of, and not in addition to, the Limits of Insurance shown in the Coverage Form Declarations and described in this section. Such amount will thus not increase the Limits of Insurance shown for the Coverage Form. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 122 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SNGL 022 1111 Safety National Casualty Corporation Page 2 of 2 d. Obligations at the Additional Insured’s Own Cost No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. The Additional Insured(s) scheduled above shall be subject to all other conditio ns set forth in the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2019 Policy No. GL 4058201 Endorsement No. Insured WASHINGTON PUBLIC ENTITY GROUP (WAPEG) Premium $ Included Insurance Company Safety National Casualty Corporation Countersigned By ________________________________ DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 123 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 1 of 16 2019/2020 Contract 6118918 Number Exh II EXHIBIT II KENT SENIOR ACTIVITY CENTER VSHSL SOCIAL ENGAGEMENT STRATEGY 3: KENT PLACE SENIOR HUB EXHIBIT PERIOD: OCTOBER 1, 2019 – DECEMBER 31, 2020 I. WORK STATEMENT Contractor shall provide oversight, implementation and coordination of the Kent Place Senior Hub. The total amount of reimbursement pursuant to this Exhibit shall not exceed $510,218 for the Exhibit Period noted above as shown in the funding table below. Funding for investment in this program is provided by the King County Veterans, Seniors and Human Services Levy (VSHSL) and is managed by the Adult Services Division (ASD) of the King County Department of Community and Human Services (DCHS), which has the responsibility for achieving and monitoring the overall outcomes. Ongoing funding for the full period of the Exhibit and the award period as outlined in the award letter shall be contingent on the Contractor’s implementation of the program as described, timely achievement of the contract milestones outlined below, continued funding availability and other contractual requirements contained in the Exhibit. Any act consistent with the authority of this Contract and taken prior to the date the Contract is fully signed is ratified and affirmed and the terms of this Contract will be agreed to have applied. Funding Period Fund Source ASD Result Area Alignment Program Reimbursement 10/01/2019 – 12/31/2020 2019-2020 VSHSL Fund - Seniors Social Engagement $510,218.00 A portion of these funds shall be used to fund equipment and capital improvements not to exceed $135,900.00 Total Not To Exceed $510,218.00 II. PROGRAM DESCRIPTION King County DCHS ASD, in its partnership with the Kent Senior Activity Center, shares a commitment to contributing to change in the Adult Services Division five result areas: • Financial Stability • Healthy Living • Housing Stability • Service System Access and Improvement DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 124 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 2 of 16 2019/2020 Contract 6118918 Number Exh II • Social Engagement. As community gathering places that provide older adults with opportunities for social engagement, provide resources and assistance to seniors and their caregivers, and offer participants a sense of belonging, senior centers offer an antidote to social isolation for seniors and their caregivers in our communities. However, lack of flexible funding and long-term cuts to available senior center funding streams have prevented senior centers from fully realizing a vision of becoming strategic places of social engagement from which to holistically deploy financial stability strategies, housing stability strategies, human service system access strategies, and healthy living strategies. Based on the growing scientific understanding of the risks of isolation, King County seeks to support senior centers in becoming vibrant and inclusive senior hubs that expand outreach to isolated seniors and support opportunities of engagement for the diversity of seniors in King County. This strategy further promotes belonging where systems, biases, miscommunications or cultural differences too often serve to isolate. By developing the Kent Senior Activity Center to become a senior hub that serves as the recognized resource center on aging services and provides support, outreach, connection, and social engagement for the diverse population of seniors who live in the city of Kent and surrounding areas of unincorporated King County, the Contractor will reach isolated seniors and support opportunities of engagement for the diversity of seniors in King County. A. Program Activities The Contractor shall serve as the Kent Place Senior Hub (“Senior Hub”), providing opportunities for seniors and/or their caregivers who live in the city of Kent and surrounding areas of unincorporated King County (“Focus Population”) to experience social engagement and connection, engage in activities that promote healthy aging, and access resources that support seniors to live in their communities of choice. As part of this work, the Contractor shall: 1. Operate as a senior center with as follows: a. Services must include at least three of the following: • Food and nutrition programs, and/or congregate (shared) meals • Social activities • Information and assistance that connects individuals to aging networks and services • Educational opportunities for enrichment and life-planning • Celebratory events for holidays, birthdays, cultural experiences, etc. • Health promotion, wellness and fitness. b. Senior center services must be ongoing and offered on a regular basis, but do not need to be at the same location every day. The Contractor’s senior center may meet or provide services at different locations on different days, as long as there is a consistent schedule easily accessed by intended, eligible participants and community organizations who can depend upon the Contractor to host a senior center at a specified location on any specific day. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 125 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 3 of 16 2019/2020 Contract 6118918 Number Exh II 2. Operate as a senior hub by providing the following services: a. Providing senior center services named in Section A.1.a. above at least five (5) days a week as a senior hub. b. Conducting outreach to increase participation and provide opportunities for social engagement for seniors within the Focus Population who might otherwise remain isolated or disengaged. c. Engaging with isolated seniors who may otherwise choose not to visit the physical space(s) where the Senior Hub is located. d. Providing guided connections and active navigation of referrals between the Senior Hub and other specified VSHSL-funded service providers, as appropriate and as agreed upon on a case-by-case basis in partnership with King County. e. Coordinating with other community organizations to expand the services available through the Senior Hub. f. Increasing knowledge of and/or participation in Community Living Connections. g. Representing the voice of the seniors served by the Senior Hub in other human service collaboratives, on issues such as transportation, food access and housing, as appropriate and as agreed upon on a case-by- case basis in partnership with King County. h. Using culturally informed approaches to support engagement and inclusion for the Focus Population the Senior Hub intends to serve. 3. Make equipment purchases and/or capital improvements that support the development of the Senior Hub, as follows: a. If the development of the Senior Hub includes plans to purchase equipment and/or complete capital improvement projects at the Contractor’s facilities or facilities related to the Senior Hub, the Contractor shall be compensated through reimbursement of actual amounts spent on the equipment or capital improvements, if any, after completion. b. The total amount of reimbursement for equipment purchases and/or capital improvements, if any, shall not exceed the amount set forth in the funding table in Section I., WORK STATEMENT. c. King County encourages the Contractor to utilize small businesses, including Small Contractors and Suppliers (SCS), as defined below, and minority-owned and women-owned business enterprises certified by the Washington State Office of Minority and Women's Business Enterprises (OMWBE) in County contracts. The County encourages the Contractor to use the following voluntary practices to promote open competitive opportunities for small businesses, including SCS firms and minority- owned and women-owned business enterprises. i. Inquire about King County’s Contracting Opportunities Program. King County has established a Contracting Opportunities Program DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 126 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 4 of 16 2019/2020 Contract 6118918 Number Exh II to maximize the participation of SCS in the award of King County contracts. The Program is open to all SCS firms certified by King County Business Development and Contract Compliance (BDCC). As determined by BDCC and identified in the solicitation documents issued by the County, the Program will apply to specific contracts. However, for those contracts not subject to the Program or for which the Contractor elected not to participate in the Program during the solicitation stage, the Contractor is still encouraged to inquire voluntarily about available firms. Program materials, including application forms and a directory of certified SCS firms, are available at the following Web-site address: http://www.kingcounty.gov/bdcc The term “Small Contractors and Suppliers” (SCS) means that a business and the person or persons who own and control it are in a financial condition which puts the business at a substantial disadvantage in attempting to compete for public contracts. The relevant financial condition for eligibility under the Program is set at fifty percent of the Federal Small Business Administration (SBA) small business size standards using the North American Industry Classification System and Owners’ Personal Net Worth less than $750,000 dollars. ii. Contact OMWBE to obtain a list of certified minority-owned and women-owned business enterprises by visiting their website at http://www.omwbe.wa.gov/ or by Toll Free telephone (866) 208- 1064. iii. Use the services of available community organizations, consultant groups, local assistance offices, the County, and other organizations that provide assistance in the recruitment and placement of small businesses, including SCS firms and minority- owned and women-owned business enterprises. d. The equipment purchases and/or capital improvement projects approved through this contract are as follows: i. Purchase of furniture and equipment for new staff positions. ii. Purchase of a vehicle for home visits and possible client transportation. a. The total amount of reimbursement for the vehicle shall not exceed $35,000. In the event that the vehicle cost is less than $35,000, the Contractor may invoice for costs associated with the vehicle up to a maximum total of $35,000 through the Exhibit Period. b. In order to maintain the vehicle and support the transportation function of the program, the Contractor shall: i. Provide the County with the Vehicle Identification Number (VIN), license plate number, make and model at the point that these become available to the Contractor. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 127 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 5 of 16 2019/2020 Contract 6118918 Number Exh II ii. Be listed as the legal and registered owner of the vehicle and maintain the original vehicle title. iii. Maintain property records that include a description of the property, a serial number or other identification numbers, the source of funding for the property, who holds the title, the acquisition date, and costs of the property, percentage of County participation in the cost, the location, use and condition of the property, and ultimate disposition data including date of disposal and sale price of the vehicle. iv. Maintain insurance coverage on the vehicle and drivers that will indemnify the County from any and all claims arising from the operation and/or use of the vehicle. The Contractor’s insurance shall also provide for the replacement or repair of the vehicle in the event that the vehicle is rendered inoperable or stolen during the course of possession by the Contractor. v. Ensure that the vehicle is regularly maintained in a manner consistent with the manufacturer’s recommendations and that complete maintenance records are kept. All vehicle operation costs, including but not limited to fuel, maintenance and repair, are the responsibility of the Contractor. Vehicle maintenance records and County access to the vehicle for inspection shall be provided within three business days following notification of the County. vi. Ensure that the vehicle is operated by individuals who are trained in its operation, have a valid and current Washington State Driver’s License with appropriate endorsements for its use and that the vehicle is operated in a safe manner at all times in compliance with the laws of the State of Washington. vii. Ensure the security of the vehicle at all times, even when not in use or in the possession of a Contractor employee. In the event the vehicle is stolen, the Contractor will file a police report and notify the County within 24 hours. viii. Be responsible for any fines resulting from violations of state or local laws pertaining to the operation of the vehicle. ix. At the discretion of the County, the Contractor shall return the vehicle to the County at the end of any contract period in which contract renewal is not intended by the County. In such cases, the vehicle shall be returned in a condition reasonable to its age and mileage. iii. Addition of automatic doors openers to the restrooms. iv. Replacement of the movable room partition between the social hall and the dining room. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 128 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 6 of 16 2019/2020 Contract 6118918 Number Exh II v. Computer lab remodel, including moving the location of the front doors and replacing the top half of the lab walls with windows. vi. Coffee bar remodel, to move plumbing and coffee machine and to lower the service counter. vii. Purchase of participation tracking software program. 4. Expand the services and supports available to seniors within the geographic or population area of focus, including: a. The following outreach, engagement, and coordination activities will be implemented: i. Homebound Senior Check-in Program: Senior Center staff will coordinate with area organizations such as Kent Police, Kent CARES, Puget Sound Regional Fire Authority, Meals on Wheels volunteers, and care providers to identify and engage homebound seniors. Participants in this service will be offered daily to weekly connections to staff or volunteers and referred to other resources and programs as necessary. ii. Outreach and Collaboration with Diverse Senior Groups: Senior Center staff will develop partnerships with community groups and service providers serving seniors of different cultures, abilities, and other socio-economic demographics than have traditionally used the Senior Center to: a. Create new programs at the Senior Center designed to serve these seniors. b. Establish designated times and spaces for these organizations’ senior participants to use the Senior Center. c. Provide programs that promote interaction between these seniors and existing Senior Center participants. iii. Information Center: Senior Center staff will compile information about community resources for seniors and provide it in a central, easily accessible location at the Senior Center. Frequently requested materials will be available in multiple languages. b. The following programs encompassing food and nutrition, social activities, information assistance, educational opportunities, celebratory events, and health promotion will be implemented: i. Expanding Your Mind: This program will offer two classes per quarter on unique topics, such as various religions and cultures, rising rates of STD in seniors, marijuana use in seniors, etc. ii. Enhanced Valley Cities Behavioral Health Care Programming: a. The “LGBTQIA and Allies in South King County Program” will be provided in collaboration with Valley Cities and will provide support and social and educational opportunities for LGBTQIA seniors and their family and friends. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 129 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 7 of 16 2019/2020 Contract 6118918 Number Exh II b. Valley Cities will provide additional hours for resource referral and individual counseling at the Senior Center. c. Valley Cities will provide at least two additional activities at the Senior Center, focused on specific topics or populations. iii. Staffed Computer Lab: The computer lab will be accessible multiple days per week with specific hours for limited English speaking participants. iv. Access to Senior Services Scholarship Program: This program will provide scholarships to cover meals and specified program fees for low-income seniors. 5. Participate in the Senior Hubs Learning Collaborative, with representation by at least one staff member at each of the scheduled meetings. 6. Work with King County staff to create a referral protocol (the “Referral Protocol”) for the purpose of providing referrals for affordable housing for seniors and/or senior veterans, service members and/or their families. 7. Work with King County staff to develop a method to collect client satisfaction data (“Client Satisfaction Collection Method”). B. Participant Eligibility Eligible participants for services are seniors and/or their caregivers meeting the VSHSL’s definition of seniors, especially those seniors residing the city of Kent and surrounding areas of unincorporated King County. C. Definitions 1. DCHS web-referenced definitions for the following terms used within this Exhibit can be found at https://kingcounty.gov/VSHSL-definitions. a. Caregiver b. Implementation Plan c. Military Servicemember d. Senior e. Veteran 2. Definitions for the following terms used within this Exhibit can be found in the VSHSL Implementation Plan at https://kingcounty.gov/VSHSL-Implementation- Plan. a. Financial Stability b. Healthy Living c. Housing Stability d. Service System Access and Improvement DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 130 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 8 of 16 2019/2020 Contract 6118918 Number Exh II e. Social Engagement 3. Definitions for other terms used within this Exhibit: a. Senior Center For the purposes of this Exhibit, a “senior center” is an entity that hosts a physical space for seniors (persons 55 and older) to gather in order to access services that promote healthy aging and to experience life enrichment, empowerment, belonging, and enjoyment. The space defined as the senior center may be a stand-alone, dedicated building or be part of a larger or shared center that has multiple purposes. That space may also include a series of spaces or locations. b. Senior Hub For the purposes of this Exhibit, a “senior hub” is a senior center, or set of partnering senior centers, with the staffing, programmatic, and systems capacity to serve as the recognized resource center on aging services and supports for a focused geographic area and/or specific cultural group(s), including but not limited to the Focus Population. If the Senior Hub consists of partnering senior centers, the times and locations of services may be spread between the partnering centers in order to achieve the level of access required to be considered a senior hub. Services need not be equal at each partner and may be structured so as to capitalize on the strengths that each partner brings to the partnership as well as on the needs of the portion of the Focus Population each partner seeks to serve. c. Senior Hubs Learning Collaborative For the purposes of this Exhibit, the “Senior Hubs Learning Collaborative” means a structured forum for supporting best practices and shared learning among the awarded senior hubs. All senior hub partners will participate. Frequency and format of meetings will be determined in collaboration with all senior hubs and King County staff. D. Contract Milestones The Contractor shall meet the following milestones during program years 2019-2020: 1. Year One (2019) Milestones As a Senior Hub, complete the following milestones specific to the Contractor: a. By December 31, 2019: i. Complete job description for Senior Center Outreach Coordinator. ii. Complete job description for Senior Center Program Specialist/Administrative Coordinator. iii. Begin identifying partnership opportunities with other programs, cultural collaborators, and service providers serving diverse senior groups. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 131 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 9 of 16 2019/2020 Contract 6118918 Number Exh II iv. Complete Access to Senior Services scholarship program guidelines. 2. Year Two (2020) Milestones a. By January 31, 2020: The Performance Measurement and Evaluation (PME) Plan shall be fully developed and formally accepted for the Kent Place Senior Hub. See Section III., PERFORMANCE MEASUREMENT AND EVALUATION. b. By July 1, 2020: The Referral Protocol should be agreed to and be in place, through mutual email agreement between King County staff and Contractor staff. c. By a timeline to be determined by King County within the PME Plan, the Contractor shall administer the Client Satisfaction Collection Method. As a Senior Hub, complete the following milestones specific to the Contractor: d. By March 31, 2020: i. Post job description and Hire Outreach Coordinator. ii. Post job description and Hire Program Specialist/Administrative Coordinator. iii. Purchase a vehicle for outreach efforts with homebound seniors. iv. Complete scope, specifications, bidding, and contract awards for infrastructure improvements. v. Begin identified infrastructure improvements: 1. Automatic door openers to the restrooms. 2. Replacement of the movable room partition between the social hall and the dining room. 3. Computer lab remodel. 4. Coffee bar remodel. e. By June 30, 2020: i. Implement expanded Valley Cities programs at the Senior Center. ii. Launch Access to Senior Services scholarship program. iii. Launch Expanding Your Mind program. f. By September 30, 2020: i. Complete design of and launch Homebound Senior Check-In program. ii. Complete Senior Program Needs Assessment begun in 2019. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 132 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 10 of 16 2019/2020 Contract 6118918 Number Exh II iii. Identify new program and service goals based on Kent Parks Department 2020-2027 Comprehensive Recreation Program Plan and 2019 Senior Program Needs Assessment. g. By December 31, 2020: i. Complete Information Center development, including translation of frequently requested materials into multiple languages. ii. Formalize 6-8 partnerships with other programs, cultural collaborators and service providers. iii. Launch new programs and services with program, cultural collaborator, and service provider partners. iv. Implement new participant tracking system in coordination with City of Kent recreation registration software. v. Complete plan for implementing the new programs and services per the goals established in Third Quarter 2020, including the development of a performance framework to evaluate program effectiveness and protocols for program modification. vi. Complete identified infrastructure improvements: 1. Automatic door openers to the restrooms. 2. Replacement of the movable room partition between the social hall and the dining room. 3. Computer lab remodel. 4. Coffee bar remodel. III. PERFORMANCE MEASUREMENT AND EVALUATION A. Performance Measurement and Evaluation Planning Process The Contractor shall name a person who will lead performance measurement, evaluation, and continuous quality improvement activities for this Exhibit. A Performance Measurement and Evaluation (PME) Plan shall be co-developed and is intended to provide the Contractor and King County with useful information for decision-making, planning and program management. The Contractor and King County staff shall work collaboratively to identify relevant measures of service delivery, quality and program results and determine the mechanisms by which required information will be collected, managed and reported. King County is responsible for providing a first draft of the PME plan. The PME Plan shall be considered final after written acceptance is received by both parties. Email communication is sufficient. B. Performance Measures Performance measures shall be measured using individual-level client data and aggregate data submitted pursuant to this Exhibit. Specific data elements and reporting mechanisms shall be defined in the PME Plan. If deemed necessary, additional evaluation activities, such as focus groups, surveys or more rigorous evaluation projects, may also be included in the PME Plan. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 133 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 11 of 16 2019/2020 Contract 6118918 Number Exh II At least one of each type of performance measure (below) shall be included in the final PME Plan. Where there are multiple contractors working on a related program or strategy, the PME Plan may also include at least one strategy-level performance measure. 1. Quantity of service provided: How much did we do? For example, number of seniors and/or their caregivers served by the Senior Hub each quarter. 2. Quality of service provided: How well did we do it? For example, percent of Senior Hub participants who identify with the target population for the senior center. 3. How seniors have been impacted: Is anyone better off? For example, percent of Senior Hub participants who indicate that they feel more connected to their community (from survey or focus group). Once developed and accepted by each party, the Contractor shall be required to adhere to and perform the reporting and other services described in the PME Plan; provided, however, that the Contractor’s failure to meet any specific performance targets or other metrics outlined in the PME Plan shall not constitute a breach of this Contract or this Exhibit. C. Modification of the PME Plan Either party may suggest revisions to the PME Plan. The party requesting revisions to the PME Plan (the “Requesting Party”) shall submit the suggested changes in writing to the other party (the “Receiving Party”). Within five business days of receipt, the Receiving Party shall review the revised PME Plan. Prior to the expiration of such period, the Receiving Party shall provide a written response to the Requesting Party that the Receiving Party either (i) accepts the revised PME Plan as provided by the Requesting Party, or (ii) makes additional changes to the PME Plan. If modifications have been requested by the Receiving Party, then the parties shall discuss in good faith the original and subsequent modifications until an acceptable PME Plan has been developed and each party has provided the other with written acceptance of such plan. IV. PARTNERSHIP AND REPORTING REQUIREMENTS A. Partnership Activities 1. The Contractor shall work with King County staff to coordinate and align services with other VSHSL-funded organizations and system partners in order to effectively and efficiently administer a set of services that clients may be seeking to access. 2. The Contractor shall participate in regular meetings of levy-funded organizations, if and when these are convened, to improve system connection and coordination of existing services and support best practices and shared learning. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 134 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 12 of 16 2019/2020 Contract 6118918 Number Exh II 3. The Contractor shall engage in any levy competency trainings offered by King County. These training opportunities shall be offered at no cost to VSHSL- funded providers to help providers attain and maintain key skills and concepts that will support the VSHSL’s goals of effectiveness, efficiency and equity. 4. The Contractor shall include an attribution to the VSHSL with the use of the VSHSL logo and/or a statement such as “This program receives funding from the King County Veterans, Seniors and Human Services Levy” in all program marketing materials, digital or hardcopy, developed during this contract period. B. Reporting Activities 1. The Contractor shall participate in monthly check-ins with King County staff either in person or by phone. Check-ins may be reduced or increased in frequency based on program needs and King County needs to ensure program accountability and the provision of adequate support for the program. 2. The Contractor shall include a short summary of services that occurred during the invoicing period and progress toward milestones as applicable. This summary shall be included with the submission of each invoice provided to King County. 3. The Contractor shall provide before and after photographs of any equipment or capital improvements after purchases or improvements have been completed, as part of the invoicing period or as requested by King County, to illustrate the development of the senior hub model. 4. Starting on January 1, 2020, the Contractor shall submit individual-level client data and aggregate data about services and client outcomes to King County on a quarterly basis. Reports are due within ten business days following the end of each quarter of the calendar year. The format and reporting mechanisms for this report shall be provided by King County and be outlined in the PME Plan. 5. The Contractor shall submit an annual narrative progress report to King County on January 15 following each program year. The report shall cover the activities of the previous year (January – December). The format and questions for the annual narrative progress report shall be provided by King County. 6. By the date outlined in the PME Plan, the Contractor shall submit client satisfaction data gathered through the Client Satisfaction Collection Method to King County. 7. The Contractor shall complete a VSHSL-funded wage study, once developed, every two years to help inform understanding of prevailing wages among nonprofit providers, and how compensation may be contributing to staff satisfaction, turnover and client outcomes. Results of the survey shall be made available to all VSHSL-funded providers. 8. King County reserves the right to request additional supporting documentation or information, as needed, and between reporting periods. A minimum of three business days’ notice shall be provided to the Contractor. If the Contractor believes such notice is inadequate to prepare the report, it shall work with King County to adjust the due date for additional requested information. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 135 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 13 of 16 2019/2020 Contract 6118918 Number Exh II V. COMPENSATION AND METHOD OF PAYMENT Regular payment for activities covered by this Exhibit shall be based on meeting the deliverables outlined in the table below. However, by entering into the contract, the Contractor is agreeing to make concerted efforts to meet the program activities and contract milestones as outlined in Section II., PROGRAM DESCRIPTION and program and reporting requirements as outlined in Section IV., PARTNERSHIP AND REPORTING REQUIREMENTS. The Contractor is further required to engage in continuous quality improvement as outlined in the PME Plan in partnership with King County staff. If, through analysis of the required reports and data or through conversations with the Contractor, it is determined that the program model, as described in this Exhibit, is not successfully or sufficiently serving the King County seniors community, the Contractor agrees to work with King County to re-envision the program model, make changes to the PME Plan and pivot, using learnings to improve service delivery. Such adjustments will be documented in an amendment to this Exhibit signed by both parties. If the Contractor does not meet the agreed upon program activities, deliverables and/or contract milestones during two quarters of the Contract and/or if the Contractor fails to engage with the King County staff to re-envision the program model or make necessary adjustments in order to better serve King County seniors, King County reserves the right to request specified corrective action in writing or, either before such a request is issued or if such a request is unheeded or does not produce improved engagement toward quality improvement, to reduce the contract amount, withhold payment, or terminate the contract in line with notice requirements in this contract’s boilerplate. A. Billing Invoice Package The Contractor shall submit a Billing Invoice Package (BIP) quarterly that consists of an invoice statement and other reporting requirements as stated in Section IV., PARTNERSHIP AND REPORTING REQUIREMENTS of this Exhibit in a format approved by King County. The BIP is due within ten business days following the end of each payment period. 1. Payments for Services The billing table below details the quarterly payment schedule for services. 2. Payments for Equipment Purchases and/or Capital Improvements If the Contractor is requesting reimbursement for equipment purchases and/or capital improvements as part of any payment period, the Contractor shall submit a general ledger/expenditure detail report listing costs claimed as part of the BIP, along with supporting photographs as described in Section IV., PARTNERSHIP AND REPORTING REQUIREMENTS. The County may provide an advance payment prior to the Contractor incurring any equipment or capital improvement costs. If the Contractor is requesting advance payment, the Contractor shall submit a formal written quote or Purchase Order as part of the BIP. If approved for advance payment, the Contractor shall remit an expenditure detail report listing costs on equipment and/or capital improvements in a subsequent BIP. King County shall provide reimbursement on the remaining equipment/capital improvement funds only once the Contractor has fully expended the advance payment and has provided the supporting expenditure detail. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 136 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 14 of 16 2019/2020 Contract 6118918 Number Exh II The Contractor must retain on file backup documentation for any equipment and/or capital improvement costs (including receipts, invoices, timesheets, and copies of checks) for the duration of Contractor’s VSHSL award plus an additional six years. This documentation must be made available upon request. The County may conduct a site visit to the Contractor’s office to review and verify the foregoing records. Advance notice will be given to the Contractor in the case of fiscal audits to be conducted by the County. Date Due Payment Period Payment / Fund Source Deliverable January 15, 2020 October - December On-time completion / submission of: 1. Accurate invoice 2. Aggregate-level client data and/or individual-level client data 3. Annual narrative progress report 4. General ledger/expenditure detail and report and photographs, for equipment/capital reimbursement requests, if applicable 5. Documentation toward progress on milestones indicated in body of contract $74,864.00 VSHSL Fund - Seniors $74,864.00 Total (excluding equipment/capital reimbursement requests) April 14, 2020 January - March On-time completion / submission of: 1. Accurate invoice 2. Aggregate-level client data and/or individual-level client data 3. General ledger/expenditure detail and report and photographs, for equipment/capital reimbursement requests, if applicable 4. Finalized PME Plan 5. Documentation toward progress on milestones indicated in body of contract $74,864.00 VSHSL Fund - Seniors $74,864.00 Total (excluding equipment/capital reimbursement requests) July 15, 2020 April - June $74,864.00 VSHSL Fund - Seniors On-time completion / submission of: 1. Accurate invoice DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 137 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 15 of 16 2019/2020 Contract 6118918 Number Exh II Date Due Payment Period Payment / Fund Source Deliverable $74,864.00 Total (excluding equipment/capital reimbursement requests) 2. Aggregate-level client data and/or individual-level client data 3. General ledger/expenditure detail and report and photographs, for equipment/capital reimbursement requests, if applicable 4. Documentation toward progress on milestones indicated in body of contract $74,864.00 VSHSL Fund - Seniors October 14, 2020 July - September On-time completion / submission of: 1. Accurate invoice 2. Aggregate-level client data and/or individual-level client data 3. General ledger/expenditure detail and report and photographs, for equipment/capital reimbursement requests, if applicable 4. Documentation toward progress on milestones indicated in body of contract $74,864.00 VSHSL Fund - Seniors $74,864.00 Total (excluding equipment/capital reimbursement requests) January 15, 2021 October - December On-time completion or submission of: 1. Accurate invoice 2. Aggregate-level client data and/or individual-level client data 3. Annual narrative progress report 4. General ledger/expenditure detail and report and photographs, for equipment/capital reimbursement requests, if applicable 5. Documentation toward progress on milestones $74,862.00 VSHSL Fund - Seniors $74,862.00 Total (excluding equipment/capital reimbursement requests) DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 138 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) Kent Senior Activity Center Page 16 of 16 2019/2020 Contract 6118918 Number Exh II Date Due Payment Period Payment / Fund Source Deliverable indicated in body of contract The Contractor shall advise King County quarterly of any material changes in revenues from sources other than the County that are used to provide the services funded under this Exhibit. The Contractor agrees to re-negotiate, as needed, if the County determines that such changes are substantial. DocuSign Envelope ID: 769D6E3B-863B-4436-B7E0-3DF5938A2E6C 8.I.a Packet Pg. 139 At t a c h m e n t : V S H S L C o n t r a c t 2 0 1 9 - 2 0 2 0 ( 2 1 5 9 : K i n g C o u n t y V e t e r a n s , S e n i o r s a n d H u m a n S e r v i c e s L e v y A g r e e m e n t - A u t h o r i z e ) DATE: January 21, 2020 TO: Kent City Council SUBJECT: Budget Adjustment Authorizing Four Full-Time Employees - Approve MOTION: Approve the increase in authorized budgeted FTE’s by four positions to include one supervisor position in the Finance Department, two King County levy-funded term-limited positions in the Parks Department and one term-limited position for Economic and Community Development. SUMMARY: Although we have recently completed the 2019-2020 mid-biennium budget adjustment process, staff believe new circumstances have surfaced that justify bringing these position changes before City Council at this time. The Finance Department is requesting to add one position to the Tax Division. B&O Tax has required a significant amount of support from the IT Department for the creation of technology necessary to sustain the program. B&O Tax revenues have been used to cover the staffing costs related to this support. As you may recall with the 4th Quarter Budget Adjustment, the City began setting aside funding to cover IT project manager’s costs out of project funds. This has been a long-time vision of the Finance Department which allows us to fully capture the costs of technology projects. With the project manager funding moved to project accounts, this frees up already budgeted B&O Tax dollars. Finance is requesting to use those funds to add a supervisor position to the Tax Division. The Parks, Recreation and Community Services Department’s Kent Senior Center was recently awarded $1,403,689 spanning five years (2019-2023) from the King County Veterans, Seniors and Human Services Levy (VSHSL). These funds will assist the Kent Senior Center in becoming a more inclusive senior hub by expanding outreach to isolated seniors and to support opportunities of engagement for the diversity of seniors throughout its service area. Within the contract proposal and award, funding is identified to hire two new employees to join the existing staff team at the Senior Center - a new Senior Center Outreach Coordinator and Senior Center Program Assistant. These two full-time employees are term-limited and funded 100% by VSHSL funding. The positions are authorized through 2023 contingent on the next contract being awarded and the availability of levy funds. At the January 14, 2020 Committee of the Whole, Park staff will also present the VSHSL 2019-2020 contract award to the City Council for approval in addition to the 8.J Packet Pg. 140 authorization to increase their 2020 budget by $510,218, which includes funding for these new positions. Park staff will present to Council again in late 2020/early 2021 to accept and authorize the VSHSL 2021-2023 contract award. It is expected that King County will seek to renew the VSHSL upon completion in 2023. However, if not successful or there is a change in direction, these staff members, as well as Kent Senior Center services and programs, will be directly impacted. Economic and Community Development proposes to add a three-year, term-limited Permit Technician position. Permit Technicians work directly with our customers in the Permit Center to ensure that permits are received with all necessary information and issued in a timely manner. As we continue to see record-setting workloads combined with the demands of implementing new major technology upgrades that require substantial attention from our veteran staff, this additional position is necessary to avoid unwanted delays that are currently occurring. We anticipate this to be a medium-term need that will diminish as we realize efficiencies from the new software once it is fully operational. BUDGET IMPACT: The Tax Supervisor position will be budget neutral. The two term-limited positions for the Senior Center are funded by the King County Veterans, Seniors and Human Services Levy award. The term-limited Permit Technician position is estimated to increase the General Fund expenditure budget by $100,280 and will be covered by continued increases in anticipated permit revenues. SUPPORTS STRATEGIC PLAN GOAL: Sustainable Services 01/14/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM 8.J Packet Pg. 141 DATE: January 21, 2020 TO: Kent City Council SUBJECT: Traffic Signal Emergency Vehicle Detection System Hardware Purchase - Authorize MOTION: Authorize the purchase of traffic signal emergency vehicle detection hardware from the Washington State Department of Enterprise Services’ Master Contract for Illumination, Traffic Signal and Intelligent Transportation Systems Equipment in an amount not to exceed $125,153.62, subject to final terms and conditions acceptable to the Public Works Director and City Attorney. SUMMARY: The traffic signals in the City are equipped with a system that detects approaching emergency vehicles and gives them priority passage through the intersection while stopping conflicting traffic. Our existing detection system is a mixture of several generations of detection equipment. While our system is functionally adequate, the older generations of equipment are obsolete. This purchase would make our detection system current generation. Improvements would include faster detection time which would lead to faster traffic signal response, the ability to remotely access the hardware at locations where we have communications to the traffic signal, and one common system that would simplify operations and maintenance. The Washington State Department of Enterprise Services (DES) establishes Master Contracts for purchases by state and local agencies. These contracts provide agencies with the best purchase prices during the contract term due to the collective buying power of the state. DES contracts also meet the requirements for competitive bidding. The DES Master Services Contract #04016 for Illumination, Traffic Signal and Intelligent Transportation Systems is for hardware related to traffic signals. BUDGET IMPACT: Funds for this purchase will come from the existing B&O budget line item for lifecycle replacement of traffic signals. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure, Sustainable Services 8.K Packet Pg. 142 01/14/20 Committee of the Whole RECOMMENDED TO COUNCIL BY CONSENSUS RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS Next: 1/21/2020 7:00 PM 8.K Packet Pg. 143 DATE: January 21, 2020 TO: Kent City Council SUBJECT: Action Following Executive Session: Collective Bargaining Agreement with AFSCME, Local 2617 - Authorize MOTION: Authorize the Mayor to sign the 2020-2022 Collective Bargaining Agreement approved and accepted by AFSCME, Local 2617 and ratify all acts consistent with the authority of the Agreement and prior to its execution. SUMMARY: Will be provided after executive session. BUDGET IMPACT: Will be provided after executive session. SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Sustainable Services 11.A.1 Packet Pg. 144