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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 2/20/2018adccW18328 CITY OF KENT Council MeetingAgenda Mayor Dana Ralph Council President Bill Boyce Councilmembers Tina Budell Brenda Fincher Satwinder Kaur Les Thomas Toni Troutner Dennis Higgins February 20, 2018 This page intentionally left blank. KENT CITY COUNCIL AGENDAS February 20, 2018 Council Chambers Mayor Dana Ralph Council President Bill Boyce Councilmember Tina Budell Councilmember Dennis Higgins Councilmember Brenda Fincher Councilmember Les Thomas Councilmember Satwinder Kaur Councilmember Toni Troutner ******************************************************************** WORKSHOP AGENDA 5 p.m. Subject Speaker Time Small Cells (5G) Christina Schuck 60 min Chad Bieren Vegetation Maintenance Management Bill Thomas 30 min 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 B. Community Events C. Public Safety Report 5. REPORTS FROM COUNCIL AND STAFF 6. PUBLIC HEARING 7. PUBLIC COMMENT - If you wish to speak to the Council, please sign up at the 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. Minutes of February 6, 2018, Workshop and Council Meetings – Approve B. Excused Absence for Councilmember Thomas - Approve C. Goods and Services Agreement with AMTest Inc., for Water System Bacteriological Sampling – Authorize D. Budget Certification for Annexation Sales Tax Credit – Resolution – Adopt E. Ramstead Short Plat Bill of Sale – Accept F. Council Rules and Procedures Resolution – Adopt G. Scenic Hill Neighborhood Council Repeal Resolution – Adopt H. Consultant Services Agreement with JayRay Ads & PR Inc – Website and Marketing for VisitKent.com - Authorize 9. OTHER BUSINESS 10. BIDS A. Cambridge Reservoir Recoating and Fall Protection Improvements Rebid #2 – Award 11. EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase or lease B. Litigation, as per RCW 42.30.110(1)(i) C. Property Negotiations, as per RCW 42.30.110(1)(c) – Sale or lease i. Action After Executive Session – Real Estate Brokerage Services – Naden Avenue Properties – Authorize 12. ADJOURNMENT 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 at 1-800-833-6388. COUNCIL WORKSHOP A)Small Cells (5G)/Christina Schuck, Chad Bieren B)Vegetation Maintenance Management/Bill Thomas This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A)Public Recognition B)Community Events C)Public Safety Report This page intentionally left blank. REPORTS FROM COUNCIL AND STAFF Mayor Ralph: Derek Matheson/Administration: Council President Boyce: Councilmember Budell: Councilmember Kaur: Councilmember Higgins: Councilmember Troutner: Councilmember Thomas: Councilmember Fincher: This page intentionally left blank. Page 1 of 9 OFFICE OF THE MAYOR Derek Matheson, Chief Administrative Officer Phone: 253-856-5700 Fax: 253-856-6700 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: 02/20/18 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, February 20, 2018 The Chief Administrative Officer’s report is intended to provide Council, staff and community an update on the activities of the City of Kent. ADMINISTRATION • Staff and HR Performance Analyst Todd Babcock hosted the final focus groups last week with “customers” (staff and council members) as part of the Lean CAO report project with the goal of improving the content, format and overall effectiveness of the report. Next steps are to start work on a boiler plate template with IT in April. • The Kent City Council has scheduled a follow-up retreat dedicated to budget issues on Friday, March 9, from 1:30-5:30 p.m. (with lunch at 12:30). The mayor, city council president, CAO, and finance director are working on a location, agenda and discussion questions. • The Mayor’s Leadership Team retreat is scheduled for Friday, March 2. The Falconer Group will be facilitating. • The mayor and staff have begun to plan for recruitment of a new municipal court judge to succeed Judge Karli Jorgenson, who will retire later this year. • We are down to five semifinalists (out of 55 applicants) for the communications manager position. • The Clerk’s Office is very appreciative for the City’s Public Works Operations Department agreeing to provide Andrew Dacuag the opportunity to participate in a job rotation as an acting Deputy City Clerk for the past three months. During Andrew’s rotation, he had the opportunity to receive and respond to public disclosure requests, increase his knowledge regarding contracting and bidding, and become familiar with the legislative processes of the city. Andrew single-handedly inventoried, sorted, and organized each and every contract held in the Clerk’s Office. We are extremely thankful to have had the opportunity to get to know Andrew and to have him as part of our team Page 2 of 9 ECONOMIC AND COMMUNITY DEVELOPMENT Long-Range Planning Services Division • ECD staff toured the King County Metro bus facilities at Kent Station with Metro staff; they identified opportunities to improve bus movements in the vicinity while integrating with plans for a new Sound Transit garage and non-motorized access improvements. • Staff briefed Mayor Ralph on the PSRC centers framework project and its long-term implications for Kent. • Staff worked with King County Farmland Preservation Program (FPP) staff to clarify the process for enrolling properties in Kent in the FPP program. • At council workshop, ECD staff presented and received feedback on a draft outreach strategy for the urban separators project. • Staff met with PSRC staff to discuss Kent’s Transportation Alternatives Program application from 2017. The clearest “lesson learned” was the need for more specificity; feedback will be incorporated into future grant applications with PSRC, including several funding opportunities in the next two months. • Staff convened with Public Works, Parks and King County Parks staff to discuss bicycle connectivity in downtown Kent, related to Meet Me on Meeker and King County’s Mobility Connections funding. Connecting regional trail users to Kent’s many attractive downtown destinations is a high priority at the county level, and the Transportation Master Plan update is the perfect vehicle (no pun intended) to explore what projects will make sense for the Kent community. ECD staff will be working with Public Works to ensure we capitalize on this partnership opportunity with King County Parks and extend the success and relevancy of the Meet Me on Meeker project. Building Services • Upcoming Projects o North Valley 64, 19005 64th Ave S - Tenant improvement to an existing building, including landscaping renovations, at grade ramp work, building entries and revised parking layouts for commercial building. o Lincoln Avenue Townhomes, Parcel # 5436200341, 0320, 0300 and 0280 - Proposal to construct a multi-family apartment and townhouse development which will consist of 4 buildings with a total of 34 residential units. o Shiad Development, Parcel #6623400242 - Proposal to construct a 3-story, 12-unit, 14,000 sf apartment complex (Bldg. B) and a 2-story, 2,250 sf commercial building (Bldg. A) with associated parking spaces for the entire site. o Kent Commercial, 13227 SE 272nd St - Proposal to construct a new 10,000 sf single story commercial building and parking lot • Issued Projects - New Residences - $1,243,955.73; Major Commercial Alterations - $815,500 • Total Permits Issued - 127 with valuation of $2,695,527.03 • Total Inspections - Passed: 302, Failed: 69, Continued: 10 Page 3 of 9 FINANCE Business License Compliance • Interacted with around 695 businesses, including phone calls, emails, written correspondence and field visits. • Followed up on numerous referrals from customer Services, our Tax Division, Building Services, Code Enforcement, ECD Planning, Public Works Environmental Compliance, Fire, Police and the Mayor’s Office. B&O Tax Compliance • Followed up on more than 260 business licenses issued where the business was not previously registered for B&O. • On-boarded 150 new taxpayers, resulting in $1.2 million in past due taxes paid to the city. • Collected another $800,000 in past due taxes on approximately 100 delinquent accounts. • Nearly 9,700 tax returns were filed for 2017 taxes, 700 more than what was filed for 2016. • Countless phone calls, email and snail mail communications and in-person visits over the past year. HUMAN RESOURCES Administration • The Cultural Community Conversation was held on Wednesday, February 14 in Council Chambers to commemorate Black History Month. • Staff from Finance and PW Operations participated in Lean process improvement simulations. • Lean process improvement, process metrics and strategy deployment training and workshops have now been scheduled for February through April, with Innovate One (process improvement basics) training to be held on February 27. Benefits • Currently working on critical, time-sensitive legal compliance items o 1.1095 and 1094 o 2. CMS Disclosure o 3. DRS Audit o 4. Annual Report to State Risk Manager o 5. Performance Evaluations Labor, Class & Compensation • Currently working on several labor management items with the City’s union groups • Currently working on several reclassification requests Recruitment • Interviews for the Administrative Assistant I in HR were held on February 12 with final interviews planned to take place on February 16. • The Communications Manager interviews were held on February 14. • The Long-Range Planning Manager interviews will be held on 13 and/or February 14. • Oral boards for the Research and Development Analyst position will be on February 16. Risk Management • The Gardi v. Kent trial began on February 5 and is expected to go to the jury on February 14. Page 4 of 9 INFORMATION TECHNOLOGY Finance • A/P Process and Workflow Automation - Define the end to end current workflow for AP. Information Technology • Crystal Report Server 2012 Upgrade - Upgrade Enterprise Crystal Report Server and migration reports of old server that is at end of live. • Enterprise Printing Program - MFD Replacement - Replace the existing, end-of-life RICOH MFD's with the appropriate hardware technology and secure print management solution. • PPM/PMO Buildout & Improvements - Having the complete picture of IT's environment in one Portfolio Management solution will help us better predict when projects will be completed and solutions/systems will be available. While ensuring that we are working on the highest value projects aligned with IT and our customers objectives. Ultimately provides a common view for Departments and Governance to set strategy and IT to align activities to execute toward the strategy. Information Technology operational support for January 29 to February 12, 2018 • Number of tickets opened – 392; number of tickets closed - 395 PARKS, RECREATION, AND COMMUNITY SERVICES Cultural Programs • Spotlight Series featured the Tapestry Dance Company on January 26 at Kentwood High School Performing Arts Center. The multi-media evening featured music, tap dance, hip- hop, and spoken word, as well as a local Sudanese Dance Group. In addition to their performance, Tapestry Dance Company led a tap dance workshop for twenty-five 12- 18-year-old students at Allegro Performing Arts Academy on January 25. Kent TV21 created a brief video production of the workshop, which is posted on the Kent Arts Commission’s Facebook page. • Seattle Rock Orchestra performed “The Music of Pink Floyd” to a nearly sold-out crowd of 429 on February 3 at Kentwood Performing Arts Center. • Up and coming Irish band, We Banjo 3 – was completely sold out a week in advance. The show took place on February 9 at Kent-Meridian Performing Arts Center. • 2018 Community Arts Support Program funding recipients were recognized at the February 6 City Council meeting. Six groups will receive funding from the Arts Commission to produce a variety of arts programs in the community this year, from a choral day camp for kids to a public steel drum concert and more. • Staff traveled to Olympia with two Kent Arts Commissioners on February 7 for the annual statewide arts and heritage advocacy day and met with elected officials from the 33rd and 47th Districts. • Art works by Juan Alonso-Rodríguez and Terrell Lozada are on display in the Centennial Center Gallery through February 26. • “Lighting up the Dark” a new Kent Creates exhibit is open now through March 31. People are encouraged to use the lengthening days, as well as the juxtaposition between lightness and dark, for inspiration and to submit photographs, recipes, videos of dances, short films, poems, paintings, drawings, or work in any creative medium. Human Services • Staff attended the first Community Action Workgroup as part of One Table, a regional effort to bring together leaders from the business, nonprofit, philanthropic faith, government and community sectors to address root causes of homelessness. Mayor Page 5 of 9 Ralph appointed Merina Hanson to participate on the Employment and Income workgroup, which will focus on the systemic factors contributing to homelessness • In 2015, King County Executive Dow Constantine appointed an Immigrant and Refugee Task Force, which included Dinah Wilson from the Human Services Division of the Parks Department. One of the recommendations of the Task Force was that the council establish a King County Immigrant and Refugee Commission. Dinah and two other Task Force members provided comments supporting a Commission ordinance at the King County Council meeting on January 29. Afterwards, the council unanimously approved the establishment of a Commission. Dinah is on the selection committee that will review Commission applications and make recommendations to Executive Constantine. • Staff met with representatives of the Latino Community Fund (LCF); the connection with the group was facilitated by the Kent Community Foundation. The LCF cultivates new leaders, supports cultural and community based non-profit organizations, and improves the quality of life for all Washingtonians. To achieve its mission, and address the needs of Latinos, LCF programs create a vibrant community through civic engagement, healthy families, arts, and culture. The discussion included an exploration of opportunities for collaboration between LCF and the City. Kent Cultural Diversity Initiative Group is interested in hosting a civic engagement workshop with LCF and will begin reaching out to nonprofits and the community about designing the workshop. • Kent’s application process for human services funding will open soon. Kent, as a member of the Human Service Funders Collaborative, is participating in a joint application process with 17 cities located in King County. The Human Service Funders Collaborative representing the participating King County municipalities will open the 2019/2020 funding process on March 5, 2018. Agencies interested in applying for funds are encouraged to attend one of the Human Services Funder’s Collaborative Workshops. The workshops will cover application content, technical details, and city-specific information. Recreation • Community Education programs are currently providing meaningful and diverse recreational and cultural learning opportunities for over 2,000 preschoolers, youth/teen, adult and senior participants. Through input gathered in participant and community surveys, staff creates classes and workshops focusing on arts, music, health, fitness, dance, language, writing, cooking, and self-improvement. Over 500 individualized and large group class sections are scheduled seven days a week at the Kent Commons Community Center and a variety of locations throughout the city. Participation and inclusion of all community members are key themes in programming. Financial assistance is available to ensure that every child within the city has full access to a wide variety of opportunities regardless of family income. Youth-Teen-Adaptive • Teens love music! Through the music studio at Kent Parks Community Center (KPCC) featuring staff guidance and the right equipment, teens are provided an outlet for their passion creating their own beats and raps. The studio is booked almost every evening! • Youth and Teen staff are working in partnership with Puget Sound Educational Service District and Mill Creek Middle School to ensure that students on early release Wednesday’s have access to engaging and educational programs and services. Every Wednesday, an average of 75 teens are transported to the Kent Parks Teen Center at Phoenix Academy, to enjoy basketball, soccer, music, game room, homework help and a nutritious meal. • Staff will be attending the Youth Work Methods training on “Ask-Listen-Encourage.” The “Ask” strategy is about asking effective questions, engaging youth in dialogue, and promoting critical thinking. “Listen” is about being attentive to youth when they speak Page 6 of 9 and showing support through empathy. “Encourage” is about making specific observations about the decisions and actions of young people as they work, encouraging them to succeed. • The adaptive recreation basketball teams placed 1st, 4th and 5th in the Special Olympic sub-regional tournament on January 28. The gold medal-winning Kent Parks Hoopsters headed to regionals in Edmonds on February 11 and won both matches. This will be the first time in 16 years that the Kent Parks Hoopsters will be attending the State Special Olympics in Wenatchee on March 3 and 4. This valuable program helps persons with special needs achieve success in the areas of fitness, sportsmanship, self-esteem, and commitment to hard work. POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Entry level Officer Chelsea Pribble starts February 16. • Lateral Officer Daniel Brom Starts March 1. Significant crime activities/arrests/investigations • January 30 officers served a warrant at the Golden Kent Motel. The suspect would not come out so SWAT deployed OC and CS spray in order to get inside and found him under a bed. After the suspect was checked at the hospital he was booked on new charges along with his warrant. • January 30 several officers were dispatched to a domestic dispute at Watson Manor DV housing. After interviewing both parties they took a male into custody for Assault 4 DV. Upon searching his person they located a stolen firearm. He began to struggle with officers; kicking them and kicking the patrol car to avoid being placed in the vehicle. Officers were able to get him into the vehicle. He was charged with Violation of the Uniform Firearms Act, Possession of a Stolen Firearm, and Assault 3 on top of the initial assault 4 DV. • The Special Operations Unit worked with a local transient for several weeks, in an attempt to get her services and shelter. With assistance from various outside resources, she was admitted in to the Catholic Community Services Women’s shelter. There, she received a case manager, food and place for her and her dog to sleep at night. An opening has come up in a supportive housing unit in West Seattle that has been slotted for them. • February 9 Officers responded to Valley Communications for a report of their system being “Hacked”. Valley Com has fixed the “Hack” and the FBI has been informed of this incident. Computers have been turned over as evidence. Events and awards • A community meeting was held on February 13 at Mosaic Hills in regards to a homicide at Bryson Square on January 31. Detectives responded to a shooting that followed a large dispute at 108th and 240th St. One Victim was shot in the chest and found deceased. Two others were shot and survived. A fourth victim was struck by a vehicle and seriously injured during the incident. It appears the shooting was gang related. • Letters of Commendation o On January 21, Officer Andrew Reed was conducting an accident investigation. During the investigation, the at-fault driver leaned into his vehicle, ostensibly to retrieve documents. Instead, Officer Reed recognized that the subject was attempting to pull out a firearm that was concealed between the driver’s seat and center console. Officer Reed quickly engaged the subject and was able to disarm the subject with the help of an assisting Kent firefighter. Page 7 of 9 During the encounter, Officer Reed maintained vigilance and was able to observe the actions of the subject while keeping the interior of the vehicle illuminated with his flashlight. Officer Reed’s awareness and tactics safely de-escalated this situation and resulted in the safe arrest of the suspect. PUBLIC WORKS Design • S 224th St Project 84th to 88th - Negotiations continue with Hytek. Condemnation documents served last week. • S 224th St Project 88th to 94th – Condemnation was filed on the remaining parcel and attempting to serve the owner. 90% design review pending. • S 228th St UPRR Grade Separation (and 228th Bikeway) - Working with Legal on Condemnation process and securing property rights. Outreach to Operations and Traffic team for design review of roadway elements. Coordinating with WSDOT, utilities and incorporating comments from design review. • East Valley Overlay - Coordinating with legal on Installation agreement for signal work. 90% plans & specs comments from WSDOT received and work to revise in progress. Temporary Construction Easements reduced to two parcels – one is required, the other is desired. • 2018 Residential Overlay- Prepared Complete Streets memo. Community meeting held February 7 to discuss work and preference for sidewalks on S 268th St. Coordinating with utilities and 30% plans distributed for review on February 9. • 132nd Ave SE (SE 240th to SE 248th) – Working toward 30% review scheduled for mid- February. • Naden Avenue Access Improvements – Received channelization comments from WSDOT, incorporated changes and resubmitted to WSDOT February 1 Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) o The closure of 88th Ave S between 93rd Pl S and 22401 88th Ave S will be in place until the end of July 2019. o 84th Ave storm pipe installation will take place week of February 12 in the intersection of 84th Ave S and S 224th St. Lanes will be impacted and uniformed police officers will be controlling traffic through the intersection. o SR 167 Median Pier 2 column crossbeam forming will begin week of February 12. o SR 167 to 88th – Pier 4 shaft excavation and concrete placement is complete and the shaft excavation crew has demobilized. Pier 3 column rebar placement and forming will begin February 16. Crews are mobilizing for stone column installation beginning week of February 19. Roadway excavation and grading began week of February 12 and is continuing all week. • 132nd Ave SE Pedestrian Improvements (SE 251st St to SE 268th St) - Weather cooperated and extruded curb installation was completed last week. Pavement markings will be installed as weather permits. • 2018 Traffic Sign Replacement - The preconstruction meeting is on February 22. • SE 222nd St Natural Gas Main Replacement – PSE has completed their replacement of the existing underground natural gas main on 222nd St between 108th Ave SE and 116th Ave SE. Concrete repairs and asphalt patching is ongoing. A full grind and overlay to take place as weather permits. • LARC Sr. Housing – Sipe St is now open to the public. Page 8 of 9 • Arco / AM/PM – Right of Way improvements on both 116th Ave SE and SE 240th St are ongoing. This work will continue through February. Intermittent lane closure will be in effect during this time. • 212th & 64th Communications – Crews are continuing installation of underground communication lines on 212th through the end of this week Land Survey and GIS • The Land Survey field staff have been mapping for the 2018 Miscellaneous Water projects, the ADA ramps at 104th Ave SE & 260th St and staking the boundary of water shed properties for fencing. Survey Office staff have been writing legal descriptions, preparing exhibits and drafting surveys for recording. GIS staff is still working with I.T. on implementing the outward facing GIS Server slated for second quarter deployment. Environmental • Lower Russell Levee Project – Meeting with King County staff focusing on issues included in Mayor Cooke’s letter from November. • Flood Control District – Public Works and Parks staff met with the Flood Control District Executive Director on February 14 to discuss levee Inter Local Agreement (ILA) and issues throughout the Lower Green River. • Upper Mill Creek Dam – Submitted final Dam Safety Permit application to the Department of Ecology last week. • Green River National Resource Area (GRNRA) South Pump Station – Project Kickoff meeting was on February 14. • National Pollutants Discharge Elimination System (NPDES) – Gathering information for 2017 annual report. • FEMA – A public meeting regarding new Flood Hazard Maps is scheduled for March 21 in the Council Chambers. We are working with other City departments on outreach. This meeting will include the neighboring cities of Renton and Auburn as well. Transportation • The Union Pacific Railroad has executed the agreement for the installation of the constant warning time on Meeker Street. Work is expected to be complete late summer. • The Union Pacific Railroad will be conducting maintenance activities at several crossings in Kent over the next month. S 212th St will be closed at the UPRR crossing on Saturday February 17th and 18th and will re-open prior to the Monday morning commute. The UPRR will have detour routes in place. DriveKent notices, a press release and social media notices have been posted. • Signal Tech crews replaced a traffic signal cabinet that was struck by a hit and run driver at S. 260th Street and 104th Ave SE. • Public Works staff is presenting two projects to the South King County Area Regional Transportation Board – Technical Advisory Committee for consideration in the Puget Sound Regional Council regional competition process. The projects consist of the construction phase of the S. 224th Street Corridor Phase II and the extension of Veterans Drive from Military Road under I-5 to the future SR509. Streets • The Street Maintenance crews will be repairing potholes throughout the city, doing hot patch repairs at 124th and 221st Pl, 212th west of 212th Street Bridge and in the West Hill area. Crews will be hauling millings at S Frager Road. Concrete crews will be prepping for and pouring a new sidewalk on Smith St between 4th and 6th Ave. Page 9 of 9 • Vegetation crews continue their work in West Creek Meadows, located at 216th St and 112th Ct, to remove trees. Vegetation crews will also be doing blackberry removal at the Lake Meridian Outlet Channel and at the Green River Natural Resource Area. Holding pond fence repairs will be carried out by vegetation crews on Kent Kangley Road at 135th St, as well as a fence repair at 112th Ave and 240th St. Crews will also be laying mulch or bark at the Cambridge Court People Path. • Sign crews will be replacing retro signs at 200th St and Willis, on Lakeside Boulevard E to NE of Lakeside Boulevard W and on 92nd Ave S at S 200th St. • Litter crews will be inspecting the areas of 240th at 252nd, 272nd St at 108th St, Frager Road, 260th and Pacific Highway, Railroad Ave, Reith Road and 42nd Ave S. Water • The water section continues with water main cleaning in the area of Willis St and Central Ave. Water main bridge crossing inspections are complete and we are now working on transmission main inspections from our eastern sources in the Maple Valley area into Kent. We continue to work with our consultant RH2 Engineering on renewing our Water System Plan for the next 10-year planning period. Staff has begun working on the annual drinking water report. Utilities • Sewer - The Sewer Crews will be cleaning lines that are 10 years or older and doing change outs city wide, performing regular station maintenance and the vactor trucks will be cleaning the existing city sewer lines. • Storm - Crews will be repairing a catch basin at 108th Ave and SE 233rd Pl and at Smith St and Clark Ave N and crews will be digging and cleaning ditches at 103rd Pl, and E Guiberson St and Maple St at Woodland Way. Crews will also be cleaning a culvert at SE Kent Kangley Road and 137th Ave SE. National Pollutant Discharge Elimination System (NPDES) crews will be performing cleaning and maintenance at 140th Ave and 238th Pl, Pacific Ave at 272nd St. and 121st Ave and SE 261st Ct. Fleet/Warehouse • The Radio shop is working on mower preseason set up. Fleet services continue to work on scheduled maintenance and repairs, drop-in repairs and air brake inspections. Warehouse is working on parking configurations, small equipment maintenance and repairs. # # # This page intentionally left blank. PUBLIC HEARING This page intentionally left blank. PUBLIC COMMENT This page intentionally left blank. Agenda Item: Consent Calendar 8A_ CONSENT CALENDAR 8.City Council Action: Councilmember ________ moves, Councilmember ________ seconds to approve Consent Calendar Items A through H. Discussion Action 8A. Approval of Minutes. Approve the minutes of February 6, 2018, Workshop and Council Meeting. This page intentionally left blank. Kent City Council Workshop February 6, 2018 Minutes Kent, Washington Pending Approval Page 1 of 2 Date: February 6, 2018 Time: 5 p.m. Place: Council Chambers East/West Attending: Mayor Dana Ralph Bill Boyce, Council President Tina Budell, Councilmember Brenda Fincher, Councilmember Satwinder Kaur, Councilmember Dennis Higgins, Councilmember Les Thomas, Councilmember Toni Troutner, Councilmember Council President Boyce opened the meeting at 5:04 p.m. Agenda: 2018 Transportation Sustainability Bill Thomas, Streets and Vegetation Manager, presented information regarding sidewalks in need of repair, missing sidewalks, and downtown core area sidewalk improvements. Kelly Peterson, Transportation Engineering Manager, provided information on American with Disabilities Act improvements including wheelchair ramps needed to be upgraded, missing ramps needed to be installed, lifecycle replacement costs and the total needed to bring the City up to standard. Kelly reviewed the City’s Transition Plan and implications. Further details were provided regarding crosswalk safety improvements. Bill Thomas reviewed the 5-year projection of crack sealing projects, line striping and raised pavement marker work plans, the 2018 thermoplastic work plan, the 2018 work plan for guardrail repairs, details regarding sign & markings replacement projects, and maintenance work on bridges and overpasses. Bill provided details regarding the vegetative maintenance work in the right-of-way in addition to the costs related to the recent response to the December snow and ice event. Kelly Peterson reviewed a report that was provided by the South Sound Alliance regarding commuters to and from Kent. Kelly indicated the existing Transportation Master Plan was adopted in 2008, and some changes since 2008 include increased Sounder ridership, light rail on the West Hill, and the WSDOT 509 Gateway project. Amendments to the plan include identifying projects, preparing a financial plan, working on the ADA transition plan, and the non-motorized plan. Kelly indicated that some Capital projects could include flashing yellow arrows, and rechannelization. Kent City Council Workshop February 6, 2018 Minutes Kent, Washington Pending Approval Page 2 of 2 Tim LaPorte, Public Works Director provided a review of transportation planning from 1984 to current, corridor projects, Environmental Mitigation Agreements and Transportation Impact Fees. Tim provided details regarding the Veteran’s/228th/224th corridor project that is not yet complete and advised on the plan to apply for and obtain grant funds to help fund the completion of the project. Hayley Bonsteel, Senior Long Range Planner/GIS Coordinator, provided information on the Meet me on Meeker Project, the Design Construction Standards, and reviewed the West Meeker Implementation Strategy. Kelly Peterson, Transportation Engineering Manager, reviewed transportation sustainability for traffic signals and street lights, including inventory, maintenance and repair, controllers age and interconnect inventory, traffic signal communication, traffic controller cabinet replacement, proposed camera locations, traffic loops, uninterrupted power supply cabinet installation, street light maintenance and repair, public arterial roads without streetlights, copper wire theft, signal replacement, and interurban signal replacement. Kelly provided information regarding the Residential Traffic Calming program, traffic data collection that is required by WSDOT, and information regarding the Quiet Zones for both BSNF and UPRR. Urban Separators Danielle Butsick, Senior Long Range Planner/GIS Coordinator, provided information regarding Urban Separator Project and the public engagement process. Danielle provided details regarding project goals, where we are now, preliminary alternatives, preserve the status quo, encourage enrollment in incentive-based programs to preserve urban separators, adopt a long-term policy to retain urban separators, modify development standards for SR-1 zoning district, adopt long-term policy for considering land use plan map amendments to urban separators, and draft outreach strategy phases. The meeting concluded at 6:27 p.m. Kimberley A. Komoto City Clerk February 6, 2018 Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 1 of 12 Date: February 6, 2018 Time: 7 p.m. Place: Council Chambers East/West Attending: Mayor Dana Ralph Bill Boyce, Council President Tina Budell, Councilmember Brenda Fincher, Councilmember Dennis Higgins, Councilmember Satwinder Kaur, Councilmember Les Thomas, Councilmember Toni Troutner, Councilmember Agenda: 1. Call to Order The meeting was called to order at 7:02 p.m. with Mayor Ralph presiding. 2. Roll Call Mayor Ralph – Present Council President Boyce - Present Tina Budell, Councilmember – Present Brenda Fincher, Councilmember – Present Dennis Higgins, Councilmember - Present Satwinder Kaur, Councilmember - Present Les Thomas, Councilmember – Present Toni Troutner, Councilmember – Present 3. Changes to the Agenda There we no changes to the agenda. Council President Boyce moved to accept the agenda as submitted, seconded by Councilmember Thomas. The motion passed unanimously with a vote of 7-0. 4. Public Communications A. Public Recognition Councilmember Higgins recognized former Kentridge High School Football coach Marty Osborn for being inducted into the Washington State Coaches Association Hall of Fame. Mayor Ralph recognized Etuate Lolohea, Public Works Maintenance Worker III, as the City’s Employee of the Month for February. Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 2 of 12 Etuate expressed his appreciation of the staff that he works with and for the support of his wife and five children. Council President Boyce recognized former Kent School District school board member Carolyn Tolas. B. Arts Commission’s Recognition of 2018 Arts Funding Recipients Ronda Billerbeck, Cultural Programs Manager and staff liaison to the Kent Arts Commission, provided a review of Kent’s Arts Commission’s Community Art Support Program and recognized the members of the Kent Arts Commission. Ronda conveyed the projects that will receive funding in 2018, include: • KidsQuest Children’s Museum for their Sculpting on the Road program. • Steel Magic Northwest will hold a free concert that will feature youth steel drum bands from the Kent School District. • Rainier Chorale for their Masterworks Concert. • Rainier Youth Choirs for their summer choir camp designed to introduce choral music and related activities to youth entering grades 3-9 • The Kent School District Art Docents for their Love Begins with Me program. • The Interurban Center for the Arts Art Docent Program that brings art enrichment into local elementary schools with the assistance of parent volunteers. Ronda indicated that Kent Kids Arts Day is held the second Saturday in March at the Kent Commons, and there will be a student art exhibit that will take place in March. Art will be displayed downtown at Kent businesses in addition to an evening viewing in Kent’s Centennial building. Mayor Ralph expressed her appreciation of the arts programs. C. Proclamation for Children’s Dental Health Month Mayor Ralph presented Wendy Dore, Outreach and Marketing Manager with the University of Washington Center for Pediatric Dentistry, with the Proclamation for Children’s Dental Health Month. Wendy expressed her appreciation of the proclamation and provided details regarding the free preventative care events at area Bartell Drugs. D. Proclamation for African American History Month Mayor Ralph presented Gwen Allen-Carston with the Proclamation for African American History Month. Gwen Allen-Carston expressed her appreciation of the proclamation and provided comments regarding Black History Month. Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 3 of 12 E. Community Events Council President Boyce advised of upcoming events at the accesso ShoWare Center. Visit accessoShoWare.com for ticket information. Councilmember Fincher advised of the We Banjo Three concert. Councilmember Fincher also advised of the Jazzercize Girl’s Force Initiative at Kent Commons. Visit jazzercise.com for additional information. Councilmember Fincher indicated the Glover Empowerment Initiative is always looking for volunteers and are hosting a breakfast at Applebee’s from 9-11 a.m. located on 104th Avenue S.E. Councilmember Kaur advised of a meeting to be held on Thursday, February 8th at the Kent Memorial Park building at 5:30 p.m., to provide a review of the draft policy for rental housing inspections. 5. Reports from Council and Staff Mayor Ralph Mayor Ralph serves on the South King County Coordinated Council on Gangs steering committee. Mayor Ralph advised that this committee works to keep kids out of gangs. Mayor Ralph attended the Association of Washington Cities Action Days and met with legislators to carry Kent’s legislative agenda message to Olympia. Mayor Ralph and Councilmember Troutner recently participated in the One Night Count of homeless throughout Kent. Mayor Ralph attended the Regional Transportation System Initiative Committee meeting that included elected officials and staff members that was convened by King County Council Executive Dow Constantine. The committee looks at regional issues regarding transportation and works to plan regionally and look into funding options. Derek Matheson, Chief Administrative Officer Derek welcomed City Attorney Pat Fitzpatrick as the City’s new City Attorney. Derek Matheson expressed his appreciation of the City’s Geographic Information Systems Analyst III, Heath Brackett, for his analysis of the City’s sewer transmission mains vs. laterals to individual customers that resulted in the City’s reduced tax payment to the State in the amount of $500,000. Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 4 of 12 The Chief Administrative Officer’s written report is included in today’s agenda packet and there is an executive session to discuss pending litigation that is anticipated to last 15 minutes with no action after executive session. Council President Boyce Council President Boyce provided a brief recap regarding the City Council workshop that was held on Friday, February 2nd and 3rd that included 2017 accomplishments, upcoming challenges, revisit vision, mission and goals, top 2018 priorities, Mayor and councilmember expectations, financial sustainability, the city campus space study, a report from the Economic and Community Development Deputy Director, and regional committee assignments. Council President Boyce indicated the Council will participate in a half-day retreat on March 9, 2018. President Boyce provided a brief recap of tonight’s City Council workshop topics including traffic sustainability and urban separators. President Boyce advised of the Sound Cities Association mandatory orientation at the Sea Tac city hall on Wednesday, February 7, 2018, from 6-8 p.m. Councilmember Budell Councilmember Budell serves on the Sound Cities Association Domestic Violence Initiative. No Report. Councilmember Kaur Councilmember Kaur attended the Association of Washington Cities Action Days. Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council. No Report. Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air Agency Advisory Council. No Report. Councilmember Higgins Councilmember Higgins does not currently serve on a regional committee. Councilmember Higgins is the Chair of the Public Works Committee. Yesterday’s meeting included discussion on the State Department of Ecology’s downgrading the Poverty Bay shellfish beds. A shellfish protection district must be created and managed by King County Water and Land Resources. There are basins on Kent’s West hill that flow into Poverty Bay and are affected by the downgrading. Councilmember Troutner Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee. The first meeting was held on January 25th. The Committee heard a presentation on the body worn video program that included advantages and challenges. Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 5 of 12 Councilmember Troutner is the chair of the Public Safety Committee. There was a special meeting on January 30th. The committee was informed regarding the police, and criminal justice ballot measure and made recommendations for the City Council to take action during tonight’s meeting. Councilmember Fincher Councilmember Fincher serves on the Sound Cities Association Mental Health and Drug Dependency Oversight Committee - King County. The recent meeting discussed the integration of the behavior health into the physical health plan. Councilmember Fincher serves on the Sound Cities Association King Conservation District Advisory Committee. The committee has begun the project mapping the entire tree canopy and evaluating the data. Councilmember Fincher is the chair of the Parks and Human Services Committee. Councilmember Fincher reviewed the items that are on the February 15, 2018, agenda. Councilmember Thomas Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governing Board. The next meeting is scheduled for February 21st at 5:30 p.m. at station 78 in Covington. Councilmember Thomas is the chair of the Operations Committee and provided a review of the committee’s discussion today regarding item 8Q on tonight’s consent calendar. 6. Public Hearing None 7. Public Comment Jeremy Millard, a resident of Maple Valley and a representative from Park Preservations, LLC, a company that works to preserve and enhance mobile home parks. Mr. Millard requested modification of Ordinance 4191 regarding Chapter 7.02.315 Water Billing Adjustments. Kirk Nelson, a Kent resident, spoke regarding traffic ticketing on residential streets and expressed his concerns over parking at the dog park at Morrill Meadows. 8. Consent Calendar Council President Boyce moved to approve the Consent Calendar Items A through Q, seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 6 of 12 A. Minutes of January 16, 2018, Workshop and Council Meetings – Approve The minutes of the January 16, 2018, Workshop and Council Meetings were approved. B. Payment of Bills – Approve Bills received through November 30, 2017, and paid on November 30, 2017, audited by the Operations Committee on December 29, 2017 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 11/30/17 Wire Transfers 7319 - 7336 $2,375,983.92 11/30/17 Regular Checks 719434 - 720009 $5,346,454.71 11/30/17 Payment Plus $92,940.73 Void Checks $0.00 11/30/17 Use Tax Payable $2,184.80 $7,817,564.16 The bills received through December 15, 2017, and paid on December 15, 2017, audited by the Operations Committee on December 29, 2017 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 12/15/17 Wire Transfers 7337 - 7355 $2,630,806.14 12/15/17 Regular Checks 720010 - 720334 $3,293,702.99 12/15/17 Payment + $80,573.50 Void Checks $0.00 12/15/17 Use Tax Payable $2,659.66 $6,007,742.29 The checks issued for payroll for November 16, 2017 through November 30, 2017, and paid on December 5, 2017, were approved Approval of checks issued for payroll for November 16, 2017 through November 30, 2017 and paid on December 5, 2017: Date Check Numbers Amount 12/5/2017 Checks $0.00 Voids and Reissues 12/5/2017 Advices 398887 - 399726 $2,033,529.58 $2,033,529.58 The checks issued for payroll for December 1, 2017 through December 15, 2017, and paid on December 20, 2017, were approved. Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 7 of 12 Approval of checks issued for payroll for December 1, 2017 through December 15, 2017 and paid on December 20, 2017: Date Check Numbers Amount 12/20/2017 Checks $0.00 Voids and Reissues 12/20/2017 Advices 399727 – 400572 $1,646,985.40 $1,646,985.40 The bills received through December 31, 2017, and paid on December 31, 2017, audited by the Operations Committee on January 16, 2018 were approved. Approval of checks issued for vouchers: Date Check Numbers Amount 12/31/17 Wire Transfers 7356 - 7370 $1,917,194.41 12/31/17 Regular Checks 720335 - 720835 $4,376,849.86 12/31/17 Payment Plus 100698 - 100716 $54,079.49 Void Checks ($22,159.00) 12/31/17 Use Tax Payable $9,438.27 $6,335,403.03 The checks issued for payroll for December 16, 2017 through December 31, 2017, and paid on January 5, 2018, were approved. Approval of checks issued for payroll for December 16, 2017 through December 31, 2017 and paid on January 5, 2018: Date Check Numbers Amount 1/5/2018 Checks $0.00 Voids and Reissues 1/5/2018 Advices 400573 - 401422 $1,638,117.25 $1,638,117.25 C. Third Lease Amendment City and Valley Communications Center - Cambridge Site – Authorize The Mayor was authorized to sign the Third Lease Amendment between the city of Kent and Valley Communications Center for the Cambridge tank site, subject to final contract terms and conditions acceptable to the City Attorney and Public Works Director. D. Indigo Springs Bill of Sale – Authorize The Mayor was authorized to accept the Bill of Sale from Indigo Springs Apartments for frontage improvements on the south side of SE 208th Street from the West Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 8 of 12 property line to +/- 45’ east of the east property line, including 180 linear feet at $35 per linear foot of grind and overlay, new curb, gutter and sidewalk. E. Consultant Services Agreement with Mithun Inc., for the Mill Creek Canyon Earthworks Park Renovation Phase II Master Plan – Authorize The Mayor was authorized to sign a Consultant Services Agreement with Mithun, in the amount of $149,426, for master planning services for Mill Creek Canyon Earthworks Park, subject to final terms and conditions acceptable to the Parks Director and City Attorney. F. Consultant Services Agreement with Berger Partnership for the Springwood Park Master Plan – Authorize The Mayor was authorized to sign a consultant services agreement with Berger Partnership, in the amount of $89,090.00, to provide a master plan for the renovation of Springwood Park, subject to final terms and conditions acceptable to the Parks Director and City Attorney. G. 2017 Fourth Quarter Fee-in-Lieu Funds – Authorize The Mayor was authorized to accept $39,450, of fee-in-lieu funds, amend the Community Parks Reinvestment Program budget, and authorize the future expenditure of these funds for capital improvements at Wilson Playfields and Service Club Ballfields. H. Amendment to Chapter 2.60, Parks and Recreation Commission - Ordinance – Adopt Ordinance No. 4271 was adopted, amending Chapter 2.60 of the Kent City Code to provide additional opportunities for the Parks and Recreation Commission to assist the City in its provision of parks and recreation services, and to make other housekeeping revisions. I. 2017 Large Storm Pipe, Culvert and Channel Cleaning Project – West Meeker Street to South 240th Street – Accept as Complete The Mayor was authorized to accept the 2017 Large Storm Pipe, Culvert and Channel Cleaning Project; West Meeker Street to South 240th Street as complete and release retainage to Ventilation Power Cleaning, Inc., upon receipt of standard releases from the State and the release of any liens. J. 2017 Large Culvert and Channel Cleaning Project – 64th Avenue South – Accept as Complete The Mayor was authorized to accept the 2017 Large Storm Pipe, Culvert and Channel Cleaning Project; 64th Avenue South as complete, and release retainage to TITAN Earthworks, LLC., upon receipt of standard releases from the State and the release of any liens. K. Lake Meridian Estates Storm Drainage Repair Project – Accept as Complete Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 9 of 12 The Mayor was authorized to accept the Lake Meridian Estates Storm Drainage Repair Project as complete and release retainage to Road Construction Northwest, upon receipt of standard releases from the State and the release of any liens. L. 2017 Plastic Markings Project – Accept as Complete The Mayor was authorized to accept the 2017 Plastic Markings Project as complete and release retainage to Stanley Patrick Striping Company, upon receipt of standard releases from the State and the release of any liens. M. Lake Meridian Dock Replacement Project – Accept as Complete The Mayor was authorized to accept the Lake Meridian Dock Replacement Project as complete, and release retainage to Neptune Marine, Inc., upon receipt of standard releases by the State and the release of any liens. N. 2017 Crack Sealing – Accept as Complete The Mayor was authorized to accept the 2017 Crack Sealing Project as complete and release retainage to Evergreen Asphalt and Concrete, Inc., upon receipt of standard releases from the State and the release of any liens. O. Amendment to the 2018-2023 Six-Year Transportation Improvement Program – Set Public Hearing Date Council set March 6, 2018, as the date for a public hearing for the Amendment to the 2018-2023 Six-Year Transportation Improvement Program. P. Paulson Plat/Morford Meadows Bill of Sale – Authorize Council accepted the Bill of Sale from Morford Meadows for: • Watermains:  Including 3 gate valves at $1,050 each and 1 hydrant at $950.  On SE 253rd Place from 2+36 to 3+07.00, including 407 linear feet at $22.00 per linear foot of 8” ductile iron waterline. • Sanitary Sewers:  Including 3 manholes at $1,300 each.  On SE 253rd Place from 0+00.00 to 1+92.00, including 530 linear feet at $25 per linear foot of 8” PVC sewer line. • Frontage Improvements:  On 116th Avenue SE from 3+75.00 to 6+07.00, including 190 linear feet at $22.50 per linear foot of curb/sidewalk (7’ Sidewalk width). • Storm Sewers:  Including 3 manholes at $1,300 each or total of 8 catch basins at $850.00 each and 46,000 cubic feet of detention pond storage with a total cost of $69,000.00. On SE 253rd Place from 0+00.00 to 2+70.00, including 914 linear feet at $15.00 per linear foot of 12” PVC sewer line. Q. Budget Adjustment, Economic and Community Development Staffing – Authorize Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 10 of 12 The Mayor was authorized to fill two new limited-term Plans Examiner positions and one new limited-term building inspector position, fund overtime and contract permit review, and increase a Planning Technician position from .75 FTE to 1.0 FTE. 9. Other Business A. Proposition A - Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax – Resolution Derek Matheson, Chief Administrative Officer, provided a review of the proposed resolution, calling for a special election on April 24, 2018, on Proposition A – a ballot measure that will authorize the City to raise existing utility tax on electricity, gas, telephone and cable television by 2% for a total utility tax of 8%. The purpose of the increase is to add staffing and to provide equipment for police and criminal justice services in Kent and will be exclusively used to pay for the addition of 23 commissioned officers and fund the impact of additional officers on support services, the court, jail, prosecution, and the public defender’s office. The funds will be segregated from other funds of the City and accounted for separately. This resolution was recommended unanimously by the Public Safety Committee. Councilmember Troutner moved to adopt Resolution No. 1956, to submit a ballot measure to the City’s voters for the April 24, 2018, special election, asking them to approve a 2% utility tax increase on electric, manufactured and natural gas, telephone, and cable television services, the funds from which will be used exclusively to add police officers and fund associated areas of the City’s criminal justice system impacted by the addition of police officers. Seconded by Councilmember Boyce. The motion passed unanimously with a vote of 7-0. B. Proposition A - Council Endorsement of a Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax – Resolution Derek Matheson advised that this resolution will indicate the City Council’s support of Proposition A and encourage the voters to vote for the Proposition on April 24, 2018. Arthur “Pat” Fitzpatrick, City Attorney, advised that, in accordance with State law, the Council may pass a resolution supporting a ballot measure as long as three procedural requirements be met: (1) that the resolution be passed during an open meeting – today’s open meeting satisfies this requirement, (2) the notice contain the title and number of the proposition – the notice for this meeting did contain this information, and (3) that members of the Council and members of the public who hold a view opposite of that expressed in the resolution being considered must be provided an approximate equal amount of time to express their opinion at the meeting which the resolution is passed. Pat advised that the Clerk keep the Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 11 of 12 approximate amount of time spent by councilmembers and the public expressing their support of the resolution and the Mayor shall provide an equal amount of time for Councilmembers and the public to express their opposition of the resolution. Councilmember Troutner moved to adopt Resolution No. 1957, endorsing Proposition A, a ballot measure that will increase the City’s utility tax on private electric, natural and manufactured gas, telephone, and cable television services by 2% in order to provide funds which will be used exclusively to add police officers and fund associated areas of the City’s criminal justice system impacted by the addition of police officers. Seconded by Councilmember Boyce. Mayor Ralph provided an opportunity for those that wish to speak in support of Resolution No. 1957. Council President Boyce expressed his strong support of Resolution No. 1957. Councilmember Troutner spoke in support of Resolution No. 1957. Hira Bhullar, a Kent resident, spoke in support of Resolution No. 1957. Harry Williams, a Kent resident, spoke in support of Resolution No. 1957. Wayne Graff, a representative of the Kent Police Officer’s Association, spoke in support of Resolution No. 1957. David Malik, a Kent resident, spoke in support of Resolution No. 1957. Mayor Ralph provided for councilmembers and the public to speak in opposition to the Resolution No. 1957, and there were no speakers. The motion passed unanimously with a vote of 7-0. C. Proposition A – Appointment of Pro and Con Committees - Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax Councilmember Troutner moved to appoint Rita Ann Schwarting, Linda L. Sagare, and Bailey Stober, as the members of the pro committee to prepare arguments advocating voters’ approval of Proposition A and appoint Eric Bernard, Karen Bernard, and Edward Worcester, as the members of the con committee to prepare arguments advocating voters’ rejection of Proposition A. Seconded by Councilmember Boyce. There was no discussion. Kent City Council Regular Meeting February 6, 2018 Minutes Kent, Washington Pending Approval Page 12 of 12 The motion passed unanimously with a vote of 7-0. 10. Bids None. 11. Executive Session and Action after Executive Session A. Potential Litigation, as per RCW 42.30.110(1)(i) At 8:35 p.m., the Council went into Executive Session At 8:49 p.m., the Council reconvened. 12. Adjournment With no action following Executive Session, Mayor Ralph adjourned the meeting at 8:49 p.m. Kimberley A. Komoto City Clerk February 6, 2018 Agenda Item: Consent Calendar – 8B_ TO: City Council DATE: February 20, 2018 SUBJECT: Excused Absence for Councilmember Thomas - Approve SUMMARY: Councilmember Thomas is unable to attend the City Council meeting of February 20, 2018. RECOMMENDED BY: Council President Boyce MOTION: Approve the excused absence for Councilmember Les Thomas, as he is unable to attend the City Council meeting of February 20, 2018. This page intentionally left blank. Agenda Item: Consent Calendar – 8C_ TO: City Council DATE: February 20, 2018 SUBJECT: Goods and Services Agreement with AMTest Inc., for Water System Bacteriological Sampling – Authorize SUMMARY: Pursuant to WAC 246-290-300, the City routinely collects and analyzes seventy-two bacteriological water samples per month at predetermined monitoring locations in the distribution system. These tests ensure that drinking water is free of coliform bacteria, which is monitored to protect public health. EXHIBITS: Goods and Services Agreement RECOMMENDED BY: Public Works Committee YEA: Fincher, Higgins, Troutner NAY: BUDGET IMPACTS: Water Utility Operating funds are budgeted and used for this annual expenditure. MOTION: Authorize the Mayor to sign a Goods and Services Agreement with AmTest, Inc., for routine bacteriological water sample collection in an amount not to exceed $53,011.00, subject to final terms and conditions acceptable to the City Attorney and Public Works Director This page intentionally left blank. l I KENT GOODS & SERVICES AGREEMENT between the City of Kent and AmTest, fnc THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and AmTest Inc. organized under the laws of the State of Washington, located and doing business at 13600 NE 126th Pl., Suite C, Kirkland, wA 98034, phone: (425) ggs-tOo+/rax: (425) 820-0245, Contact: Aaron Young (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall collect and analyze the City's state mandated routine coliform bacteria samples. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by March t,2OZO. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fifty Three Thousand and Eleven Dollars ($53,011), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Sampling shall occur on the first four (4) Tuesdays of every month for two years. Vendor shall be paid after submittal of invoice. GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B.Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington, The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar daysof the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) A C D E F agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all. claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum/ a Vendor's written claim shall include the information set forth in subsections A, itemslthrough5below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A Notice of Claim. Provide a signed written notice of claim that provides the following information; The date of the Vendor's claim; The nature and circumstances that caused the claim; The provisions in this Agreement that support the claim; The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B,Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. Vendor's Duty to Complete Protested Work, In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) 1 2 3 4 5 C Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination), Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from theCity any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS, VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILIW TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERiOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to anyother warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 624, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they wele obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used-rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the city in order to accomplish the correction. X' DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI' INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court havingjurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) D E attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recvclable Materials. Pursuant to Chapter 3,80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D, Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures bv Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective onthe last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VEN By w Print Name DATE: I t t (title)Itt ltB CITY OF KENT: By Print Name: (signature) Dana Ralnh DATE: NOTICES TO BE SENT TO: VENDOR: Aaron W. Young AmTest Inc 13600 NE 126th Pt STE C Kirkland, WA 98034 (425) BB5- 1664 (telephone) (425) B2O-0245 (facsi m ile) NOTICES TO BE SENT TO: CITY OF KENT: Timothy J. LaPorte, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-s500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department [In this field, you may enter the electronic filepath where the contract has been saved] GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2' During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability, 3' During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractbr, will actively consider hiring and promotion of women and minorities, Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I a gree to fulfill the five requirements referenced above, (,/v For: A k t Title:v t L(, {lesrdr'nf 5 By Date:ln II EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: L.2 EFFECTIVE DATE: January 1, 1998 SUBJECT:MINORIW AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 1 POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws, All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on th 6 By (date), between the firm I represent and the City of Kent I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Scope of work: AmTest, Inc. will collect and analyze the City of Kent's state mandated routine coliform bacteria samples, Sampling consists of eighteen (18) coliform and free chlorine residual samples per week, at City designated sampling locations, the first four (4) Tuesdays of every month, fortwenty four (24) months. AmTest, Inc. will also submit all necessary sample result paperwork to the Washington State Department of Health Office of Drinking Water as required by the City in chapter 246.290.300 wAc, as well as copies to the city of Kent water Department. 4ilffi-msru- LABOFATORIES December 13,2011 To Tom Cunningham City of Kent Public Works/ Water Section 220 Fourth Ave S Kent, WA 98032 Re: Price Quote for Laboratory Analysis and Sarnpling 'l'om 1. AmTest will perform allof the routine bacterialsampling and analysis atarateof $14 per sample and a flat fee of $250 per week for the sample collection process. Considering l8 samples per week four times per month, the total cost for the collection, analysis and reporting would be $24.096 per year. There would not be any price change for the second year ofthe contract. Additional drinki water ices are as follows Parameter Price/ Each FulllOC $ 200 VOC $ 150 Nitrates $ r 7.s0 TTHM's $7s HAA5'S $ r00 Fluoride $tz soc (s25)$ 2s0 soc (5 ts)$ rso NWTPH-Dx $7s ,lfiql1ty Pol lutant Metals $ 100 1,4-Dioxane $ 2s0 TOC's $2s Mendo Piates $ 1.50 E. Coli(raw water-Ground Water Rule)$2s Nitrate/Nitrite total $ 17.s0 HPC $ls Lead & Copper $ 17.50 Radium 228 $ l r0 Radium 226 $n0 Gross alpha/ Gloss Beta $ilO If you have any questions or comments please feelfi'ee to contact me at 425-885-1664 or by e m a i I a t ilt"!. o !_U:_:1.{,Ul-t_Lq:!_l-rtb-cr o n r S ince rely, Aaron W. Young Lab Manager EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS fnsurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage, 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability lnsurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general aggregate and a $2,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F, Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Agenda Item: Consent Calendar – 8D_ TO: City Council DATE: February 20, 2018 SUBJECT: Budget Certification for Annexation Sales Tax Credit – Resolution – Adopt SUMMARY: The City is required to certify to the State of Washington, before March 1st of each year, the amount needed from the annexation sales tax credit to provide services in the annexed area. The Finance Department has calculated estimated costs and revenues within the Panther Lake annexation area and has determined a gap between revenues generated and expenditures used to provide services of $4,977,770 for July 1, 2018 through June 30, 2019. This certification period is the ninth year the City will receive the annexation sales tax credit, which will expire June 30, 2020. EXHIBITS: Resolution RECOMMENDED BY: Operations YEA: Boyce, Higgins, Thomas NAY: BUDGET IMPACTS: Estimated costs for the Panther Lake annexation area for the State’s fiscal year 2018 is anticipated to be $14,243,180 in expenditures to provide City services to those residents, while we anticipate revenues of $9,265,410 from property taxes, sales taxes and other sources. The net of the revenues and costs produces a deficit of $4,977,770, which is the amount being certified as the amount of annexation sales tax credit we are requesting from the State. MOTION: ADOPT Resolution No. ______, certifying the Panther Lake annexation sales tax credit of $4,977,770 for the period of July 1, 2018 through June 30, 2019. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, determining a new threshold amount for the sales and use tax authorized by RCW 82.14.415 and codified in Chapter 3.27 of the Kent City Code, relating to the cost of providing municipal services to the Panther Lake Annexation Area for the 2018 fiscal year, and authorizing the Finance Director to certify the threshold amount to the Washington State Department of Revenue. RECITALS A. RCW 82.14.415 authorizes the City to impose a sales and use tax as a credit against state retail sales and use taxes collected under Chapters 82.08 and 82.12 RCW to assist the City in providing municipal services to newly annexed areas. B. After providing all appropriate notice and following appropriate procedure, and following a favorable vote on the annexation proposition, the Kent City Council adopted Ordinance No. 3936 on December 8, 2009, approving the Panther Lake Annexation Area effective July 1, 2010. The population within the annexation area determined at the time of annexation was 25,458 people. 1 Tax Credit Threshold Panther Lake Annexation C. On February 16, 2010, the City Council passed Ordinance No. 3947, creating Chapter 3.27 of the Kent City Code and imposing the sales and use tax at the rate of 0.2 percent. D. On February 15, 2011, the City Council adopted Resolution No. 1839 confirming the tax rate at 0.2 percent and authorizing the finance director to certify the threshold amount for the 2011 fiscal year. E. On February 7, 2012, through Resolution No. 1853, the City Council adopted a new threshold amount for the 2012 fiscal year and authorized the finance director to certify the same. F. On February 19, 2013, through Resolution No. 1871, the City Council adopted a new threshold amount for the 2013 fiscal year and authorized the finance director to certify the same. G. On February 4, 2014, through Resolution No. 1881, the City Council adopted a new threshold amount for the 2014 fiscal year and authorized the finance director to certify the same. H. On February 17, 2015, through Resolution No. 1904, the City Council adopted a new threshold amount for the 2015 fiscal year and authorized the finance director to certify the same. I. On February 16, 2016, through Resolution No. 1920, the City Council adopted a new threshold amount for the 2016 fiscal year and authorized the finance director to certify the same. J. On February 21, 2017, through Resolution No. 1940, the City Council adopted a new threshold amount for the 2017 fiscal year and authorized the finance director to certify the same. 2 Tax Credit Threshold Panther Lake Annexation K. With this Resolution, the City authorizes the imposition of similar annexation sales and use taxes for the 2018 fiscal year. L. The City Council of the city of Kent, Washington, finds and determines that the projected cost to provide municipal services to the Panther Lake Annexation Area for the 2018 fiscal year will be at least $14,243,180, and that this cost exceeds the projected general revenue that the City would otherwise receive from the annexation during the 2018 fiscal year, which is estimated to be $9,265,410. M. Pursuant to RCW 82.14.415, the city of Kent is authorized, under the circumstances of this annexation, to impose a sales and use tax for the 2018 fiscal year, which shall be collected by the State department of revenue from those persons who are taxable by the state under Chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the City. N. The rate of tax imposed shall be 0.2 percent, and shall be in addition to other taxes authorized by law, and the threshold amount for the 2018 fiscal year is $4,977,770. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Rate and Threshold Amount. The Kent City Council determines that the threshold amount for the City’s projected net cost in providing municipal services to the Panther Lake Annexation Area for the 2018 fiscal year is $4,977,770. The City Council previously imposed a sales 3 Tax Credit Threshold Panther Lake Annexation and use tax at the rate of 0.2 percent, with the passage of Ordinance No. 3947 on February 16, 2010. SECTION 2. – Implementation and certification. The Mayor of the city of Kent is authorized to implement administrative procedures as may be necessary to carry out the provisions of this resolution. The City’s Finance Director is authorized to certify the amount for the 2018 fiscal year to the appropriate agencies within the State of Washington. SECTION 3. – 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 4. – Savings. Resolution No. 1940 shall remain in full force and effect until the effective date of this resolution. SECTION 5. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 6. – Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 7. – Effective Date. This resolution shall take effect and be in force immediately upon its passage, however the imposition of the 4 Tax Credit Threshold Panther Lake Annexation sales and use taxes for the 2018 state fiscal year authorized by this resolution shall not take effect until the commencement of that fiscal year. PASSED at a regular open public meeting by the City Council of the city of Kent, Washington, this _______ day of _________________, 2018. CONCURRED in by the Mayor of the city of Kent this ______ day of __________________, 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY P:\Civil\Resolution\Annexation Sales Tax Threshold 2018 - Resolution.docx 5 Tax Credit Threshold Panther Lake Annexation This page intentionally left blank. Estimated Description Revenues Property Taxes 4,244,290 Sales and Use Tax 197,160 Sales and Use Tax - Criminal Justice 730,780 Utility Taxes 2,741,000 Cable Franchise Fee 326,160 Liquor - Excise Tax & Board Profits 376,860 Fuel Tax 611,880 Other State Shared Revenues 37,280 9,265,410 Maximum Sales Tax Credit 4,977,770 14,243,180 Estimated Department Expenditures City Council 86,980 Mayor's Office & City Clerk 570,680 Municipal Court 683,290 Employee Services 230,710 Law 589,780 Finance 633,500 Information Technology 376,750 Police 6,398,230 Fire Services 280,220 Economic & Community Development 854,920 Public Works 1,334,960 Parks, Recreation & Community Services 2,203,160 14,243,180 Revenues Over / (Under) Expenditures - CITY OF KENT PANTHER LAKE ANNEXATION CERTIFICATE JULY 1, 2018 THROUGH JUNE 30, 2019 This page intentionally left blank. Agenda Item: Consent Calendar – 8E_ TO: City Council DATE: February 20, 2018 SUBJECT: Ramstead Short Plat Bill of Sale – Accept SUMMARY: Ramstead Short Plat is located at 104th Avenue SE & SE 280th Street A. Watermains, including 4 gate valves at $1125.00 each and 3 hydrants at $3,500 each. On 104th Avenue SE from SE 280th Street to SE 284th Street, 205 linear feet at $28.50 per LF of 8” SDR35 sewer line. B. New Street on 104th Avenue SE from SE 280th Street to SE 284th Street, 1,440 linear feet at $103 per linear foot of 20’ pavement with 2’ minimum shoulder on both sides. C. Frontage Improvements on 104th Avenue SE from SE 280th Street to SE 284th Street, 1 street light at the entrance only – job completed by Intolight for $4,867.00. D. Storm Sewers - 1,300 linear feet of biofiltration swale or drainage ditch with a total cost of $14,660. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MOTION: Accept the Bill of Sale from Curtis Lang Custom Homes as detailed in items A, B, C, and D in the summary of this item. This page intentionally left blank. MAIL TO: CITY OF KENT ENGIN EERING DEPARTMENT ATTN: KENT 22O - 4TH AVENUE SOUTH KENT, WASHTNGTON 98032WasHtNlrToN Project:Ramstead Short Plat Permit #il3/trf3 Location: 104th Ave SE & SE 2S0th St Parcet *:32205-9163, -9124, -9132, -9164, -9165, -9166 BILL OF SALE CITY OF KENT KrNG COUNTY, WASHTNGTON THIS INSTRUMENT made this 2nd day of Curtis Lang Custom Homes December 20 15 , by and between , hereinafter called "Grantors", and City of Kent, a munlcipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements : A. MIERMAI.NS: Together with a total of 4 gate valves ut $ 1125 each, 3 hydrants at $?qnn each and/or any other appurtenances thereto. Including r440 linear feet at $40 (size & type)ductal/DI waterline, B. SANITARY SEWERS: Together with a total of 3 manholes at $ thereto. TO sE 284th St per LF of g" 2750 each and/or any other appurtenances 9N (street, easement, etc.) 104th Ave SE FROM sE 280th st ON street, easement, etc.) 104th Ave SE FROIt4 sE 280th st linear feet at $28.50 per LF of g" TO sE 284th St Including 20s Bill of Sale 1of5 (size & type)SD 5 sewerline. C. NEW STREETS: Together with curbs, gutters, sidewalks, and/or any other appurtenances oN. (street, easement, etc.) 104th Ave SE FROM sE 280th st TO sF.2R4fh Sr Including L440 linear feet at $10?per LF of 20'pavement (size & type)(improvement),2'minimum shoulder on both sides D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances ON (street, easement, etc,) 104th Ave SE FROM sE 280th St TO sE 284th St Including linear feet at $per LF of (size & type)improvement). 1 - street light at the entrance only - job completed by Intolight for $4867.00 E. STORM SEWERS: Together with a total of 0 manholes at $0 each or total of 0 basins at $0 each,1300 LF of biofiltration swale or drai nage ditch with a total cost of $74.660 o cubic feet of detention pond storage with a total cost of $ 0 , and/or any other appurtenances thereto. catch eN (street, easement, etc.) 104th Ave SE FROM sE 280th St TO sE 284th St Including 0 linear feet at $o per LF of 0 (size & type)0 sewerline, To have and to hold the same to the said Grantee, lts successors and assigns forever, The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WH 2 IN EREOF, the undersigned has caused this instrument to be executed on this day or fuceml*'f , zo 19 day the undersigned has caused this instrument to be executed on this N ,20 16 STATE OF WASHINGTON COUNTY OF KING ss ) ) ) GIVEN under my hand and official seal thls day of WrvYbT l5 , before me, the 'ALd'leffrYbgr ,o 16 ?t\A-On this 20 undersigned A rc tn the State of Washington, duly commissioned and sworn, personally appeared to me known to be the individual described in and who executed the nstrument, and acknowledged to me that he/she signed and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned' day of i ," t9l{r iir == 'z g'. ouaud j S2 7^'Qo 2.c^')?t,2ol.l ."o\ ''+rIl' rves1tNe ],r.' "/////tIIIIrt\\\\\t' Washi My Commission Expires: and for the State of ing at P Bill of Sale 3of5 STATE OF WASHINGTON COUNTY OF KING On this day of , 20 -, before me, the undersigned A Notary Public in and for the State of Washington, duly commissioned and sworn/ personally appeared and to me to be the respectively ofand the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the sald instrument. Witness my hand and official seal hereto affix the day and year first above written. Notary Public in and for the State of Washington, residing at My Commission Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City Council of the City of Kent, King County, Washington, on the day of Bill of Sale 4of5 ss ) ) ) KENT WAsHtHErr('H ENGIN EE R'S CERTIFICATXON CITY OF KENT KING COUNTY, WASHINGTON The figures used on the Bill of Sale for project dated , for the same said project the undersigned P.E, or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of , the firm responsible for the preparation of the record drawings, Signature ( E ng i neer sta m p req ui red ) Bill of Sale 5of5 KENT WaSHTHGToN ENGIN EER'S CERTIFICATION CITY OF KENT KrNG COUNTY/ WASHTNGTON The figures used on the Bill of Sale for dated iZ-Z- ZD:S; Rrr* srEAD Purrs project , for the same said ftrms5 "( wurY project Tenatq.l 7.8 the undersigned P,E. or land surveyor is the person responsible for the preparation of the Bill of Sale and is an employee of B*sattuz furx'v ffi (ruq I n c , the firm responsible for the preparation of the record drawings. (nV*> ^LNED tt/2a/a6) ( E n g i neer sta m p req u i red ) Bill of Sale 5of5 re Agenda Item: Consent Calendar – 8F_ TO: City Council DATE: February 20, 2018 SUBJECT: Council Rules and Procedures Resolution – Adopt SUMMARY: By Resolution No. 1562, the Kent city council established its original rules and procedures for the city council, city council meetings, and meetings of council committees. From time to time, the council rules and procedures are reviewed and amended. The council rules and procedures were last amended on July 15, 2014, by Resolution No. 1895. This resolution updates and revises the Kent city council rules and procedures by repealing the existing rules and procedures and enacting new revised rules and procedures. These amendments were reviewed by the full council at its retreat on February 3, 2018. EXHIBITS: Resolution showing changes to existing rules and procedures RECOMMENDED BY: City Council BUDGET IMPACTS: None MOTION: Adopt Resolution _______, repealing Resolution No. 1895 and the current Kent city council rules and procedures, and adopting new amended rules and procedures for the council. This page intentionally left blank. 1 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing resolution No. 1895 and enacting a new resolution relating to rules and procedures for the city council, city council meetings, and council committee meetings. RECITALS A. By Resolution No. 1562, the Kent city council established its original rules and procedures for the city council, city council meetings, and meetings of council committees. B. From time to time, the council rules and procedures are reviewed and amended. The council rules and procedures were last amended on July 15, 2015 by Resolution No. 1895. C. This resolution updates and revises the Kent city council rules and procedures by repealing the existing rules and procedures and enacting new revised rules and procedures. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 RESOLUTION SECTION 1. – Resolution No. 1895 Repealed. Resolution No. 1895, relating to the rules and procedures for the city council, city council meetings, and council committee meetings is hereby repealed in its entirety. SECTION 2. – New Rules and Procedures Adopted. The following rules and procedures are hereby adopted and shall govern the city council and all meetings of the city council and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid nor shall these rules and procedures be deemed to provide any citizen rights that he or she does not already have by operation of law. I. COUNCIL PRESIDENT – MAYOR PRO TEMPORE SECTION 3. – Term. The city council shall elect from its members a president of the council during the month of January in the even numbered years or as soon thereafter as possible. The council president shall serve a two-year term. SECTION 4. – Mayor Pro Tempore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tempore, the council president shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore shall act as mayor and assume the authority and perform the mayor’s duties whenever there is a vacancy in the Office of the Mayor or the mayor is unable for any reason to 3 discharge his or her duties. The assumed duties shall include, but not be limited to, acting as signatory to documents requiring execution by the mayor, issuing proclamations and declarations, and extending official recognition of groups and events. SECTION 5. - President Pro Tempore. The council president may appoint a president pro tempore when the president is absent. The president pro tempore shall have the same authority and duties as the council president. If the president pro tempore has not been appointed or is otherwise absent or unavailable, the longest serving councilmember, either by consecutive or non-consecutive terms, shall be deemed the acting president pro tempore. If two or more councilmembers qualify to be president pro tempore, then the City Clerk or her or his designee shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible councilmembers, and the councilmember whose name is selected shall fill the vacant president pro tempore position. SECTION 6. - Duties and Responsibilities. The council president shall perform the following duties and responsibilities: 1. Administer the council budget, including oversight and approval of expenditures; 2. Set the council’s agenda, in coordination with the mayor and city clerk’s office; 3. Refer proposed ordinances and resolutions to the appropriate council committee; 4. Call for a workshop, a special meeting, an emergency meeting, or a meeting of the council committee of the whole, as needed; 5. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consent; 4 6. Direct correspondence on behalf of the council as appropriate, with consent of council; 7. Act as council liaison to the mayor’s office on policy issue consideration, including elements of timing; 8. Nominate or appoint the membership of each established committee or board and the committee or board chairpersons in accordance with this resolution and applicable ordinances; 9. Substitute for an absent councilmember or designate another councilmember to substitute on any of the council’s committees or boards; 10. Coordinate and schedule annual retreats or other meetings for review and update of council visions and goals for the cityor to address other council matters; 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council’s views, or in the alternative, designate other councilmembers to represent the city and the council on specific regional issues or meetings; 12. Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers’ areas of interest and/or expertise. II. COUNCIL MEETINGS SECTION 7. - Regular Meetings. The council’s regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Code. SECTION 8. - Special and Emergency Meetings. Special meetings shall be held as provided by law at the times designated by council. If, by reason of fire, flood, earthquake or other emergency there is a need for expedited action of the council to meet the needs imposed by the emergency, the mayor or council president may provide for a meeting site 5 other than the regular meeting site and the meeting notice requirements established by law or in this resolution may be suspended. SECTION 9. - Presiding Officer at Meetings. The mayor shall be the presiding officer for all meetings of the council. If the mayor is not present, the council president shall be the presiding officer. In the absence of the mayor and council president, the president pro tempore shall be the presiding officer. SECTION 10. - Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember’s position shall become vacant if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. SECTION 11. - Quorum. At all meetings of the council, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. In the event a council member will not be physically present at an emergency meeting of the council, the council president may permit the attendance of the councilmember by way of telephone or video, and the councilmember shall be considered in attendance for the purpose of determining a quorum; provided, the councilmember shall not be permitted to attend a public hearing by telephone or video. The councilmember attending by telephone or video must be able to hear the deliberations and discussions of council as well as any public comments, must have available at the time of the telephone or video attendance the materials which are part of and constitute the meeting agenda packet, and must be permitted to provide input and vote on matters as if he or she was in attendance. 6 SECTION 12. - Majority Vote. Action by the city council requires the affirmative vote of a majority of members attending a meeting, except where otherwise required by law. SECTION 13. - Executive Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to applicable law. No official action shall be taken during any executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the executive session, unless a majority of the council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and other persons that the city council invites. SECTION 14. - Agendas. Only items that have been previously discussed by council committee shall be put on the agenda for a council meeting, unless approved by the council president or president pro tempore. Unless altered by the council president or by a majority of the councilmembers present, the order of business of all meetings of the council shall be as follows: 1. Call to Order/Flag Salute 2. Roll Call 3. Agenda Approval 4. Public Communications 5. Reports from Council and Staff 6. Public Hearings 7. Public Comments 7 8. Consent Calendar 9. Other Business 10. Bids 11. Executive Session and Action After Executive Session 12. Adjournment SECTION 15. - Public Comment. No person shall address the council without the permission of the presiding officer except during the sixth and seventh orders of business set forth in Section 14 above. When addressing the council, each person shall proceed to the speaker’s podium unless otherwise directed by the presiding officer, and state his or her name and address for the record; provided, the presiding officer may waive the requirement that an address be provided in individual cases. If comment is offered under the seventh order of business, the speaker will also state the subject of his or her comment. Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter and shall be addressed to the presiding officer and the council as a whole and not to any member individually. The seventh order of business is intended to allow persons to speak on issues of concern to that person that relate to the business of the city, but it is not an open public forum, and is subject to restrictions imposed in this resolution, by law, or by the city council. No questions shall be asked of a councilmember or member of the city staff without the permission of the presiding officer. SECTION 16. – Public Demeanor. No one shall use any impertinent, degrading or slanderous language directed to the presiding officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, 8 repeated shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After receiving verbal notice from the presiding officer, the presiding officer may direct that a speaker return to his or her seat or may remove any person for disruptive behavior at council or council committee meetings. Pursuant to RCW 42.30.050, in the event a meeting is interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the individuals who are interrupting the meeting, the council may, by majority vote, order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the council. If the meeting room is cleared, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. SECTION 17. - Added Agenda Items. At a regular meeting, a member of the council or the mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue during changes to the agenda. That item shall then be considered with the approval of the council. No items may be added to the agenda of a special meeting after notice of the special meeting is issued. SECTION 18. - Mayor Participation. The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president or any other councilmember designated by the council president to take the chair during the mayor’s participation. 9 SECTION 19. - Councilmember Conduct. While the council is in session, whether at a council or council committee meeting, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the city council may reprimand another councilmember for disorderly conduct and, upon written charges entered upon by motion, may expel a member from the council meeting by a vote of a majority plus one of the membership of the council in attendance at that meeting. SECTION 20. – Voting. Discussion by council members shall relate to the subject matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting shall be deemed to have not voted on that item. At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results shall be recorded by the city clerk in the minutes. SECTION 21. – Summoned to Meetings. Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. SECTION 22. - Ordinances, Resolutions and Contracts – Presentation. Unless otherwise approved by the council president, no ordinance, resolution, contract document or other matter shall be presented to the council unless ordered by a majority of the council, referred by a council committee, requested by the mayor, or submitted by 10 the city attorney. Whenever practical, ordinances, resolutions, contract documents and other matters shall be approved as to form by the city attorney and shall be examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject matter of the ordinance, resolution, contract document, or other matter. SECTION 23. - Parliamentary Rules. The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robert’s Rules of Order shall govern the deliberations of the council except when in conflict with any section herein. A council vote or other action taken which is not in compliance with Robert’s Rules of Order or other procedures and to which no objection is taken shall be deemed action taken following a suspension of the parliamentary rules even if no formal suspension of the rules occurs first. SECTION 24. – Suspending the Rules. When the suspension of a rule is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended and the council may proceed accordingly. When there is an objection to suspending the rules, a vote of majority plus one of the members present shall be required to suspend the rules. III. COUNCIL COMMITTEES SECTION 25. – Committees Established. The council establishes the following five standing committees, each of which shall consist of three councilmembers, one of whom shall act as committee chair. The council president, by the conclusion of the second regular meeting after the 11 meeting where he or she is elected president, shall appoint committee members and committee chairs for approximately two-year terms, reserving the right to remove committee members and committee chairs and to reappoint new councilmembers to fill those positions. Subject to appropriate notice, each committee chair, by written or verbal order, may establish or amend the time for regular meetings of that committee. 1. Operations Committee. The operations committee generally shall consider all matters related to the general fiscal and financial conditions and operations of the city. This committee shall also consider all policy matters related to personnel, including, but not limited to, salary ranges and step schedules, position classification, merit system development and other items in coordination with the human resources department and other departments as appropriate. This is not to be construed as a limitation or infringement upon the executive powers of the mayor. 2. Parks and Human Services Committee. The parks and human services committee generally shall consider all matters related to planning and implementation of city facilities, parks and recreation programs and activities in the city, and human services programs and activities in the city, including coordination of programs and activities with affected school districts. 3. Economic and Community Development Committee. The economic and community development committee generally shall consider all matters related to community growth and development including, but not limited to economic development, permit issuance for land use and construction development, and planning of the physical, economic, aesthetic, and social development of the city. 12 4. Public Works Committee. The public works committee generally shall consider all matters related to planning, design, construction, improvement, extension, maintenance and operation of transportation and street systems, transit, water, sewer, storm, solid waste and other utilities, franchises, and other related matters. 5. Public Safety Committee. The public safety committee generally shall consider all matters related to police and fire safety, including, but not limited to, law enforcement, emergency response services, fire inspection, fire investigation and general dispatch services. SECTION 26. – Duties and Responsibilities. The council committees shall consider all matters referred to them whether within or outside of a specific committee’s general focus area. All proposed ordinances or resolutions and other matters for council consideration shall first be discussed by, or referred to, the appropriate council committee, unless otherwise designated by the council president; provided, however, the council shall not be denied the right to refer the subject to a committee or workshop for further consideration. Matters not otherwise designated shall be assigned for consideration to a council meeting, workshop or to the appropriate council committee by the council president, in consultation with the mayor. Each committee chair shall report to the council the findings and/or recommendations of the committee. SECTION 27. – Quorum. No committee shall act in the absence of a quorum. At the request of the committee chair or the council president, any other councilmember may sit on any committee when necessary to constitute a quorum or to fill a vacancy. 13 SECTION 28. – Council consideration after committee. Items considered by a committee and unanimously approved for council consideration by the committee members in attendance at the meeting shall be placed on the council meeting consent calendar unless otherwise directed by a majority of the members of the committee in attendance at the meeting. SECTION 29. – Committee of the Whole. Council workshop meetings constitute regular meetings of the full council. Typically, workshop topics do not require council action; however because they are regular meetings, the council may take action, including final action, at a workshop. Public input is permitted at council workshops at the discretion of the city council. SECTION 30. – Committee Reorganization. The city council, upon a vote of the majority of its membership, may reorganize and rearrange the membership of standing committees, including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees, together with the establishment of special, temporary and ad hoc committees. SECTION 31. – Savings. 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 32. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 14 SECTION 33. – 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 resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 34. – Effective Date. This resolution shall take effect and be in force immediately upon its passage PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2018. CONCURRED in by the Mayor of the City of Kent this , 2018. day of DANA RALPH, MAYOR ATTEST: KIMBERLEY KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 1 RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, repealing resolution No. 1895 and enacting a new resolution relating to rules and procedures for the city council, city council meetings, and council committee meetings. RECITALS A. By Resolution No. 1562, the Kent city council established its original rules and procedures for the city council, city council meetings, and meetings of council committees. B. From time to time, the council rules and procedures are reviewed and amended. The council rules and procedures were last amended on July 15, 2015 by Resolution No. 1895. C. This resolution updates and revises the Kent city council rules and procedures by repealing the existing rules and procedures and enacting new revised rules and procedures. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION 2 SECTION 1. – Resolution No. 1895 Repealed. Resolution No. 1895, relating to the rules and procedures for the city council, city council meetings, and council committee meetings is hereby repealed in its entirety. SECTION 2. – New Rules and Procedures Adopted. The following rules and procedures are hereby adopted and shall govern the city council and all meetings of the city council and its committees unless suspended by the city council. Failure to fully conform to these rules and procedures will not render any action by the city council or any of its committees invalid nor shall these rules and procedures be deemed to provide any citizen rights that he or she does not already have by operation of law. I. COUNCIL PRESIDENT – MAYOR PRO TEMPORE SECTION 3. – Term. The city council shall elect from its members a president of the council during the month of January in the even numbered years on or before the second regular meeting of that monthor as soon thereafter as possible. The council president shall serve a two-year term. SECTION 4. – Mayor Pro Tempore. The council president shall serve as mayor pro tempore and shall preside at all meetings of the council when the mayor is not present. Although presiding as mayor pro tempore, the council president shall retain all powers and rights inherent to a councilmember and to the council president, including, without limitation, voting powers. The mayor pro tempore shall act as mayor and assume the authority and perform the mayor’s duties whenever there is a vacancy in the Office of the Mayor or the mayor is absent from the city or is unable for any reason to discharge the mayor’shis or her duties. The assumed 3 duties shall include, but not be limited to, acting as signatory to documents requiring execution by the mayor, issuing proclamations and declarations, and extending official recognition of groups and events. SECTION 5. - President Pro Tempore. The council president may appoint a president pro tempore when the president is absent. The president pro tempore shall have the same authority and duties as the council president. If the president pro tempore has not been appointed or is otherwise absent or unavailable, the longest serving councilmember, either by consecutive or non-consecutive terms, shall be deemed the acting president pro tempore. If two or more councilmembers qualify to be president pro tempore, then the City Clerk or her or his designee shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible councilmembers, and the councilmember whose name is selected shall fill the vacant president pro tempore position. SECTION 6. - Duties and Responsibilities. The council president shall perform the following duties and responsibilities: 1. Administer the council budget, including oversight and approval of expenditures; 2. Set the council’s agenda, in coordination with the mayor and city clerk’s office; 3. Refer proposed ordinances and resolutions to the appropriate council committee; 4. Call for a workshop, a special meeting, an emergency meeting, or a meeting of the council committee of the whole, as needed; 5. In cooperation with the mayor, ensure adequate council facilities, equipment and support, with council consensusconsent; 4 6. Direct correspondence on behalf of the council as appropriate, with consent of council; 7. Act as council liaison to the mayor’s office on policy issue consideration, including elements of timing; 8. Nominate or appoint the membership of each established committee or board and the committee or board chairpersons in accordance with this resolution and applicable ordinances; 9. Substitute for an absent councilmember or designate another councilmember to substitute on any of the council’s committees or boards; 10. Coordinate and schedule annual retreats or other meetings for annual review and update of council visions and goals for the city, and on other occasionsor to address other council matters; 11. Gather information on regional issues and attend regional meetings, as appropriate and applicable, to represent the council’s views, or in the alternative, designate other councilmembers to represent the city and the council on specific regional issues or meetings; 12. Serve as a council focal point for council, mayor, and staff; and 13. Discern councilmembers’ areas of interest and/or expertise. II. COUNCIL MEETINGS SECTION 7. - Regular Meetings. The council’s regular meetings will occur at the time, date and place established in Chapter 2.01 of the Kent City Code. SECTION 8. - Special and Emergency Meetings. Special meetings shall be held as provided by law at the times designated by council. If, by reason of fire, flood, earthquake or other emergency there is a need for expedited action of the council to meet the needs imposed by the 5 emergency, the mayor or council president may provide for a meeting site other than the regular meeting site and the meeting notice requirements established by law or in this resolution may be suspended. SECTION 9. - Presiding Officer at Meetings. The mayor shall be the presiding officer for all meetings of the council. If the mayor is not present, the council president shall be the presiding officer. In the absence of the mayor and council president, the president pro tempore shall be the presiding officer. SECTION 10. - Forfeiture of Office. Pursuant to RCW 35A.12.060, a councilmember’s position shall forfeit officebecome vacant if he or she fails to attend three consecutive regular meetings of the council without being excused by the council. SECTION 11. - Quorum. At all meetings of the council, a majority of the full council membership, or not less than four councilmembers, shall constitute a quorum for the transaction of business. In the event a council member will not be physically present at an emergency meeting of the council, the council president may permit the attendance of the councilmember by way of telephone or video, and the councilmember shall be considered in attendance for the purpose of determining a quorum; provided, the councilmember shall not be permitted to attend a public hearing by telephone or video. The councilmember attending by telephone or video must be able to hear the deliberations and discussions of council as well as any public comments, must have available at the time of the telephone or video attendance the materials which are part of and constitute the meeting agenda packet, and must be permitted to provide input and vote on matters as if he or she was in attendance. 6 SECTION 12. - Majority Vote. Action by the city council requires the affirmative vote of a majority of members attending a meeting, except where otherwise required by law. SECTION 13. - Executive Sessions. The city council may hold executive sessions during a regular or special meeting to consider matters as permitted pursuant to applicable law. No official action shall be taken during any executive session. No member of the city council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion which took place during the executive session, unless a majority of the council authorizes that disclosure. Executive sessions, to the extent permitted by law, shall be limited to members of the city council, the mayor and staff, and other persons that the city council invites. SECTION 14. - Agendas. Only items that have been previously discussed by council committee shall be put on the agenda for a council meeting, unless approved by the council president or president pro tempore. Unless altered by the council president or by a majority of the councilmembers present, the order of business of all meetings of the council shall be as follows: 1. Call to Oorder/Flag Salute 2. Roll Call 3. Changes to the Agenda Approval 4. Public Communications 5. Reports from Council and Staff 6. Public Hearings 7. Public Comments 7 8. Consent Calendar 9. Other Business 10. Bids 11. Reports from Standing Committees, Staff and Special Committees 12.11. Executive Session and aAction aAfter Executive Session 13.12. Adjournment SECTION 15. - Public Comment. No person shall address the council without the permission of the presiding officer except during the sixthfifth and seventhsixth orders of business set forth in Section 14 above. When addressing the council, each person shall proceed to the speaker’s podium, unless otherwise directed by the presiding officer, and state his or her name and address for the record; provided, the presiding officer may waive the requirement that an address be provided in individual cases. If comment is offered under the seventhsixth order of business, the speaker will also state the subject of his or her comment. Remarks will be limited to the time allocated by the presiding officer for each speaker. All remarks shall be pertinent to the stated subject matter and shall be addressed to the presiding officer and the council as a whole and not to any member individually. The seventhsixth order of business is intended to allow persons to speak on issues of concern to that person that relate to the business of the city, but it is not an open public forum, and is subject to restrictions imposed in this resolution, by law, or, if imposed before the speaker has begun, by the city council. No questions shall be asked of a councilmember or member of the city staff without the permission of the presiding officer. SECTION 16. – Public Demeanor. No one shall use any impertinent, degrading or slanderous language directed to the presiding 8 officer, councilmembers, mayor, staff or other member of the public, and no one shall otherwise engage in disruptive behavior. Disruptive behavior includes, for example, addressing matters restricted from public comment, repeated shouting and angry outbursts, cursing, direct or implied threats of violence, etc. After receiving verbal notice from the presiding officer, the presiding officer may direct that a speaker return to his or her seat or may remove any person for disruptive behavior at council or council committee meetings. Pursuant to RCW 42.30.050, in the event a meeting is interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of the individuals who are interrupting the meeting, the council may, by majority vote, order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the council. If the meeting room is cleared, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. SECTION 17. - Added Agenda Items. At a regular meeting, Aa member of the council or the mayor may ask that an item be considered by the city council, even if it is not identified on the formal agenda, by raising the issue during changes to the agenda. That item shall then be considered with the approval of the council. No items may be added to the agenda of a special meeting after notice of the special meeting is issued. SECTION 18. - Mayor Participation. The mayor may address the council on any matter or participate in the debate of any question, provided the mayor shall first call upon the council president or any other 9 councilmember designated by the council president to take the chair during the mayor’s participation. SECTION 19. - Councilmember Conduct. While the council is in session, whether at a council or council committee meeting, all its members must preserve order, decency and decorum at all times and no member shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any member while speaking, or refuse to obey the order of the presiding officer. The members of the city council may reprimand another councilmember for disorderly conduct and, upon written charges entered upon by motion, may expel a member from the council meeting by a vote of a majority plus one of the membership of the council in attendance at that meeting. SECTION 20. – Voting. Discussion by council members shall relate to the subject matter at hand and shall be relevant and pertinent. Every councilmember, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excused by the council, shall cast his or her vote upon any matter put to vote by the legislative body. Any councilmember who abstains from voting shall be deemed to have not voted on that item. At the request of the presiding officer or of any member, any question shall be noted upon by a roll call and the individual voting results shall be recorded by the city clerk in the minutes. SECTION 21. – Summoned to Meetings. Every city official or employee who shall fail to report to the council at times and in a manner requested by the council, shall be summoned in accordance with the direction of the council. SECTION 22. - Ordinances, Resolutions and Contracts – Presentation. Unless otherwise approved by the council president, no 10 ordinance, resolution, contract document or other matter shall be presented to the council unless ordered by a majority of the council, referred by a council committee, requested by the mayor, or submitted by the city attorney. Whenever practical, ordinances, resolutions, contract documents and other matters shall be approved as to form by the city attorney and shall be examined and approved by the department head or his or her duly authorized representative having jurisdiction over the subject matter of the ordinance, resolution, contract document, or other matter. SECTION 23. - Parliamentary Rules. The city attorney shall act as parliamentarian and advise the presiding officer on inquiries concerning parliamentary procedure. The presiding officer shall rule on issues of parliamentary procedure, unless overruled by a majority of the councilmembers present. Robert’s Rules of Order shall govern the deliberations of the council except when in conflict with any section herein. A council vote or other action taken which is not in compliance with Robert’s Rules of Order or other procedures and to which no objection is taken shall be deemed action taken following a suspension of the parliamentary rules even if no formal suspension of the rules occurs first. SECTION 24. – Suspending the Rules. When the suspension of a rule is requested, and no objection is offered, the presiding officer shall announce that the rules are suspended and the council may proceed accordingly. When there is an objection to suspending the rules, it shall require a vote of majority plus one of the members present shall be required to suspend the rules. III. COUNCIL COMMITTEES SECTION 25. – Committees Established. The council establishes 11 the following five standing committees, each of which shall consist of three councilmembers, one of whom shall act as committee chair. The council president, by the conclusion of the second regular meeting after the meeting where he or she is elected president, shall appoint committee members and committee chairs for approximately two-year terms, reserving the right to remove committee members and committee chairs and to reappoint new councilmembers to fill those positions. Subject to appropriate notice, each committee chair, by written or verbal order, may establish or amend the time for regular meetings of that committee. 1. Operations Committee. The operations committee generally shall consider all matters related to the general fiscal and financial conditions and operations of the city. This committee shall also consider all policy matters related to personnel, including, but not limited to, salary ranges and step schedules, position classification, merit system development and other items in coordination with the operationshuman resources department and other departments as appropriate. This is not to be construed as a limitation or infringement upon the executive powers of the mayor. 2. Parks and Human Services Committee. The parks and human services committee generally shall consider all matters related to planning and implementation of city facilities, parks and recreation programs and activities in the city, and human services programs and activities in the city, including coordination of programs and activities with affected school districts. 3. Economic and Community Development Committee. The economic and community development committee generally shall consider all matters related to community growth and development including, but 12 not limited to economic development, permit issuance for land use and construction development, and planning of the physical, economic, aesthetic, and social development of the city. 4. Public Works Committee. The public works committee generally shall consider all matters related to planning, design, construction, improvement, extension, maintenance and operation of transportation and street systems, transit, water, sewer, storm, solid waste and other utilities, franchises, and other related matters. 5. Public Safety Committee. The public safety committee generally shall consider all matters related to police and fire safety, including, but not limited to, law enforcement, emergency response services, fire inspection, fire investigation and general dispatch services. SECTION 26. – Duties and Responsibilities. The council committees shall consider all matters referred to them whether within or outside of a specific committee’s general focus area. All proposed ordinances or resolutions and other matters for council consideration shall first be discussed by, or referred to, the appropriate council committee, unless otherwise designated by the council president; provided, however, the council shall not be denied the right to refer the subject to a committee or workshop for further consideration. Matters not otherwise designated shall be assigned for consideration to a council meeting, workshop or to the appropriate council committee by the council president, in consultation with the mayor. Each committee chair shall report to the council the findings and/or recommendations of the committee. SECTION 27. – Quorum. No committee shall act in the absence of 13 a quorum. At the request of the committee chair or the council president, any other councilmember may sit on any committee when necessary to constitute a quorum or to fill a vacancy. SECTION 28. – Council consideration after committee. Items considered by a committee and unanimously approved for council consideration by the committee members in attendance at the meeting shall be placed on the council meeting consent calendar unless otherwise directed by a majority of the members of the committee in attendance at the meeting. SECTION 29. – Committee of the Whole. Council workshop meetings constitute regular meetings of the full council. Typically, workshop topics do not require council action; however because they are regular meetings, the council may take action, including final action, at a workshop. Public input is permitted at council workshops at the discretion of the city council. SECTION 30. – Committee Reorganization. The city council, upon a vote of the majority of its membership, may reorganize and rearrange the membership of standing committees, including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees, together with the establishment of special, temporary and ad hoc committees. SECTION 31. – Savings. 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. 14 SECTION 32. – Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 33. – 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 resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 34. – Effective Date. This resolution shall take effect and be in force immediately upon its passage PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this day of , 2018. CONCURRED in by the Mayor of the City of Kent this , 2018. day of DANA RALPH, MAYOR ATTEST: KIMBERLEY KOMOTO, CITY CLERK APPROVED AS TO FORM: 15 ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY This page intentionally left blank. Agenda Item: Consent Calendar – 8G_ TO: City Council DATE: February 20, 2018 SUBJECT: Scenic Hill Neighborhood Council Repeal Resolution – Adopt SUMMARY: Resolution No. 1776 was adopted January 15, 2008, recognizing the Scenic Hill Neighborhood Council. In 2016, due to disagreements and a lack of participation, the Scenic Hill Neighborhood Council board disbanded and has not been re-established. Staff have attempted over the course of many months to encourage neighborhood residents to re-establish a board to continue the work of the neighborhood council. These efforts have proved unsuccessful, and staff has recovered all unused grant funds previously provided to the neighborhood council. EXHIBITS: Resolution RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Budell, Kaur NAY: BUDGET IMPACTS: None MOTION. Adopt Resolution No. ______, repealing Resolution No. 1776, regarding the recognition of the Scenic Hill Neighborhood Council. This page intentionally left blank. 1 Scenic Hill Neighborhood Council Repeal Resolution RESOLUTION NO. ___________ A RESOLUTION of the city council of the city of Kent, Washington, repealing Resolution 1776 that recognizes Scenic Hill as a 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. Resolution No. 1776 was adopted January 15, 2008, recognizing the Scenic Hill Neighborhood Council. In 2016, the Council board disband and has not been re-established and therefore is dissolved. 2 Scenic Hill Neighborhood Council Repeal Resolution NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. – Repealer. – Resolution No. 1776 is hereby repealed in its entirety. 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. The repeal of the resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the city council of the city of Kent, Washington, this day of February 2018. CONCURRED in by the mayor of the city of Kent this ______ day of February 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK 3 Scenic Hill Neighborhood Council Repeal Resolution APPROVED AS TO FORM: Arthur “Pat” Fitzpatrick, City Attorney P:\Civil\RepealResolution\Neighborhoodcouncilscenichill 2-12 -18.Docx Exhibit A 4 Scenic Hill Neighborhood Council Repeal Resolution Agenda Item: Consent Calendar – 8H_ TO: City Council DATE: February 20, 2018 SUBJECT: Consultant Services Agreement with JayRay Ads & PR Inc – Marketing for VisitKent.com - Authorize SUMMARY: JayRay will be the City’s marketing company for the 2018 marketing and communications plan. This plan will be implemented at the approved budget of $185,803. It will engage consumers through the four stages: travel, dreaming, planning, booking and experiencing Kent. Visit Kent is the tourism promotion and marketing arm for the City of Kent. Programs are designed to increase overnight hotel stays, boost local and regional destination awareness, and enhance the image and economic strength of residents and the business community. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Economic and Community Development Committee YEA: Boyce, Budell, Kaur NAY: BUDGET IMPACTS: Contract will be paid out of the Lodging Tax fund. MOTION: Authorize the Mayor to sign a Consultant Services Agreement with JayRay Ads & PR, Inc., to provide marketing for VisitKent.com, in an amount not to exceed $185,803, subject to final terms and conditions acceptable to the Economic and Community Development Director and City A This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and JayRay Ads & PR Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and JayRay Ads & PR Inc. organized under the laws of the State of Washington, located and doing business at 535 E. Dock St #205, Tacoma, WA 98042 (253) 627-9128 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Provide Website and Marketing for VisitKent.com as described and attached in exhibit A, scope of work. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by December 31, 2018. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $185,803 plus applicable Washington State sales tax,], for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agr eement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in di spute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execut ion of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, dis criminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2 , and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, i njuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consult ant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a cour t having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data , and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be cons trued to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the ad dressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. A ll of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by th is Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) CONSULTANT: By: (signature) Print Name: Bridget Baeth Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Bridget Baeth JayRay Ads & PR Inc. 535 Dock Street #205 Tacoma, WA 98042 253-722-2690 (telephone) NOTICES TO BE SENT TO: CITY OF KENT: Michelle Wilmot City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5709 (telephone) APPROVED AS TO FORM: Kent Law Department EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ OTHER BUSINESS This page intentionally left blank. Agenda Item: Bids – 10A TO: City Council DATE: February 20, 2018 SUBJECT: Cambridge Reservoir Recoating and Fall Protection Improvements Rebid #2 – Award SUMMARY: This project consists of removal of mill scale, reservoir interior and exterior preparation and recoating, welding, platform and catwalk extension, antenna relocation, electrical, instrumentation and other work all in accordance with the contract plans, Kent Special Provisions and the WSDOT Standard Specifications. EXHIBITS: Memo dated February 13, 2018 RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Water Utility Funds will be used for this project. MOTION: Award the Cambridge Reservoir Recoating and Fall Protection Improvements Rebid #2 Project to HCI Industrial and Marine Coatings, Inc., in the amount of $1,334,850.00, including sales tax, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. This page intentionally left blank. PUBLIC WORKS DEPARTMENT Timothy J. LaPorte, P.E., Public Works Director Address: 400 West Gowe Street Kent, WA. 98032-5895 Phone: 253-856-5500 Fax: 253-856-6500 DATE: February 13, 2018 TO: Mayor Ralph and Kent City Council FROM: Timothy J. LaPorte, P.E. Public Works Director RE: Cambridge Reservoir Recoating and Fall Protection Improvements Rebid Project - Award Bid opening for the Cambridge Reservoir Recoating and Fall Protection Improvements Rebid Project was held on January 9, 2018 with three (3) bids received. The lowest responsible and responsive bid was submitted by HCI Industrial & Marine Coatings, Inc. in the amount of $1,334,850.00 (including 10% sales tax). The Engineer's estimate was $1,700,050.00 (including 10% sales tax). The Public Works Director recommends awarding this contract to HCI Industrial & Marine Coatings, Inc. Bid Summary 01. HCI Industrial & Marine Coatings, Inc. $1,334,850.00 02. T. Bailey Inc. $1,345,738.90 03. Long Painting Company $1574,650.00 Engineer's Estimate $1,700,005.00 All totals include 10% Sales Tax This page intentionally left blank. EXECUTIVE SESSION A)Property Negotiations, as per RCW 42.30.110(1)(b) – Purchase or lease ____________________________________________________________ ____________________________________________________________ B)Litigation, as per RCW 42.30.110(1)(i) ____________________________________________________________ ____________________________________________________________ C)Property Negotiations, as per RCW 42.30.110(1)(c) – Sale or lease ____________________________________________________________ ____________________________________________________________ This page intentionally left blank. Agenda Item: Executive Session-11C TO: City Council DATE: February 20, 2018 SUBJECT: Real Estate Brokerage Services – Naden Avenue Properties - Authorize SUMMARY: The city originally purchased the properties that form the Naden Avenue properties for an aquatics recreation center. Multiple acquisitions took place over many years beginning in 2006. Subsequently, due to many contributing factors, the city moved away from the plan of locating an aquatics center at the site, and officially deemed the property surplus to city needs in October of 2016. Recently, the city issued a Request for Interest seeking informal proposals from commercial developers for potential projects on the site. After reviewing the submissions received, staff is now interested in pursuing direct negotiations with a potential developer through a real estate broker. EXHIBITS: None RECOMMENDED BY: Naden Property RFI Review Committee BUDGET IMPACTS: Subject to negotiation MOTION: Authorize the Mayor to take all action necessary and sign all documents required to retain real estate brokerage services to assist the City in negotiating the sale of the Naden Avenue properties, subject to approval of the final terms and conditions by the City Attorney and the Economic and Community Development Director. This page intentionally left blank. ACTION AFTER EXECUTIVE SESSION ADJOURNMENT