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HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 2/6/2018adccW18328 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 6, 2018 This page intentionally left blank. KENT CITY COUNCIL AGENDAS February 6, 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 Transportation Sustainability Public Works Staff 30 min Intelligent Transportation System Overview Mike Sorensen 30 min Urban Separators Danielle Butsick 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. Arts Commission’s Recognition of 2018 Arts Funding Recipients C. Proclamation for Children’s Dental Health Month D. Proclamation for African American History Month E. Community Events 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 January 16, 2018, Workshop and Council Meetings – Approve B. Payment of Bills - Approve C. Third Lease Amendment City and Valley Communications Center - Cambridge Site – Authorize D. Indigo Springs Bill of Sale - Authorize E. Consultant Services Agreement with Mithun Inc., for the Mill Creek Canyon Earthworks Park Renovation Phase II Master Plan – Authorize F. Consultant Services Agreement with Berger Partnership for the Springwood Park Master Plan – Authorize G. 2017 Fourth Quarter Fee-in-Lieu Funds – Authorize H. Amendment to Chapter 2.60, Parks and Recreation Commission - Ordinance – Adopt I. 2017 Large Storm Pipe, Culvert and Channel Cleaning Project – West Meeker Street to South 240th Street – Accept as Complete J. 2017 Large Culvert and Channel Cleaning Project – 64th Avenue South – Accept as Complete K. Lake Meridian Estates Storm Drainage Repair Project – Accept as Complete L. 2017 Plastic Markings Project – Accept as Complete M. Lake Meridian Dock Replacement Project – Accept as Complete N. 2017 Crack Sealing – Accept as Complete O. Amendment to the 2018-2023 Six-Year Transportation Improvement Program – Set Public Hearing Date P. Paulson Plat/Morford Meadows Bill of Sale – Authorize Q. Budget Adjustment, Economic and Community Development Staffing – Authorize 9.OTHER BUSINESS A. Proposition A - Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax - Resolution B. Proposition A - Council Endorsement of a Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax – Resolution C. Proposition A – Appointment of Pro and Con Committees - Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax 10.BIDS 11.EXECUTIVE SESSION AND ACTION AFTER EXECUTIVE SESSION A. Potential Litigation, as per RCW 42.30.110(1)(i) 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) Transportation Sustainability/Public Works Staff B) Intelligent Transportation System Overview/Mike Sorensen C) Urban Separators/Danielle Butsick This page intentionally left blank. AGENDA APPROVAL Changes from Council, Administration, or Staff This page intentionally left blank. PUBLIC COMMUNICATIONS A) Public Recognition B) Arts Commission’s Recognition of 2018 Arts Funding Recipients C) Proclamation for Children’s Dental Health Month D) Proclamation for African American History Month E) Community Events This page intentionally left blank. PROCLAMATTON WHEREAS, our community's future depends, to a large measure, on the health of our children and families; and WHEREAS, wHEREAS, WHEREAS, sound oral health can be achieved in part through good dental habits learned early and reinforced throughout life; and great oral health contributes to better nutrition, greater ability to concentrate, and improved school attendance, and the city of Kent has demonstrated a strong commitment to all children in our community through many early childhood and school programs, and WHEREAS, National Children's Dental Health Month is celebrated each February, in order to raise awareness about the importance of good oral health. NOW, THEREFORE, I, Dana Ralph, Mayor of the City of Kent, do hereby proclaim the month of February 2018 to be Children's Dental Health Month in Kent and urge all citizens and community organizations join in this special observance about the importance of good oral health for our youth. Signed thís 6th day of February, 2018. Dana Ralph, Ma KENT WASHtNGToN PROCLAMATTON WHEREAS,Kent residents of all backgrounds and experiences contribute to our city's rich cultural diversity, storied history and promising future, and it is impoftant to recognize the positive contributions to our society made by people of all heritages and races; and wHEREAS,African Americans have had a presence in the history of the Pacific Northwest since the Lewis and Clark Expedition from 1805 and began settling in Washington State in the 1850s. The first major turning point in the migration of African American pioneers to the Northwest involved George W. Bush, from Philadelphia, who was one of the leaders of the first organized party of settlers migrating to Puget Sound and was a successfu,l farmer in the 1840s. Bush established Bush Prairie, now known as the city of Tumwater. In the 1850s, there was George Winslow, a successful African American businessman in Portland who was one of the wealthiest African Americans in Oregon, and perhaps the Pacific Northwest. wHEREAS,African Americans have also played an impoftant role here in Kent. From the contributions and achievements of the first African American settlers in Kent¡ William and Pauline Scott, who, after the destruction of their business by The Great Seattle Fire of 1889, moved to Kent and ran a successful business leading to the ownership of over 160 acres in Kent, to the most recent contributions of Gwen Allen-Carston, President of the Kent Black Action Commission, an organization formed to give our African American community a forum to come together on issúes; and, Kendrick Glover, Kent's Person of the Year for 2015 and President of Glover Empowerment Mentorship, an organization dedicated to serving and mentoring African American youth between the ages of 13 and 21; and wHEREAS,many other African Americans have made important contributions to our country, including Martin Luther King, Jr., our nation's greatest civil rights leader; Ida B. Wells, the renowned writer, teacher, women's suffragist and anti-lynching crusader; Jackie Robinson and Earl Lloyd, the first African Americans to play in Major League Baseball and the National Basketball Association, respectively; Thurgood Marshall, the first African American United States Supreme Court Justice; and Rosa Parks, whose famous decision to remain in her bus seat symbolized the spirit of the Civil Rights Movement; NOW. THEREFORE, I, Dana Ralph, Mayor of the city of Kent, Washington, do hereby declare the month of February, 2018, as "AFRICAN AMERTCAN HTSTORY MONTH" in the city of Kent, Washington, and urge all residents to become more aware of thei significance of African American history and the heritage of our nation and city. In witness whereof, I have hereunto set my hand and caused the seal of Kent to be affixed this 6th day of February, 2018 I Dana Ralph Mayor KENT WASHTNGToN 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: 02/06/18 TO: Mayor Ralph Councilmembers FROM: Derek Matheson, Chief Administrative Officer SUBJECT: CAO Report for Tuesday, February 06, 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 • The Kent City Council held its 2018 retreat last weekend at Lake Wilderness Lodge in Maple Valley. The mayor, councilmembers, and department directors discussed city’s strategic plan, economic development plan, financial sustainability, public safety, and other topics. • The council’s Public Safety Committee met January 30 to forward the proposed police & criminal justice ballot measure to the full council. On the agenda this evening are a resolution to call an election on April 24, a resolution in support of the ballot measure, and a motion to appointed committees to write statement in support of and opposition to the measure in the voters’ pamphlet. • The mayor, Councilmember Satwinder Kaur, and the CAO attended the Association of Washington Cities’ City Action Days in Olympia the week of January 22. The CAO also attended AWC’s board of directors meeting and led the Washington City/County Management Association’s board of directors meeting. • The mayor, CAO, and staff met with the Kent Downtown Partnership’s economic development committee January 17 to discuss vacant downtown properties. • The communications manager position garnered 55 applicants. Clerk’s Office • The Clerk’s Office continues working with the Information Technology Department on building the framework for the Laserfiche document imaging system that includes creating a conversion plan, building templates, and assigning disposition authority numbers for archival purposes. • The Records Administrator is assisting multiple departments with records organization and retention projects. • The Public Disclosure Administrator continues to work with City staff to timely respond to requests for public records. Since January 1, 2018, the City has received over 280 requests for public records. In 2017, the City responded to 3,558 requests for public records. Page 2 of 9 Communications • The Communications Department has been busy with a variety of projects, including developing and implementing a communications plan for the police and criminal justice ballot measure, updating City communication pieces for Mayor Ralph, continuing 2018 marketing planning and social media strategy and support, working with HR on the job description for the communications coordinator position, working with the City’s lobbyist and department heads on our 2018 legislative agenda, moving the eAlerts project forward, writing and distributing media releases, and collaborating with Public Works, Planning, Legal and Multimedia on projects. • The Kent Neighborhood Program 10th Annual Workshop was Saturday, January 27. This year’s topic was I Culture/We Culture Communication. The workshop covered challenges of cross-cultural communication. The highly interactive workshop lead exercises to help understand and experience the different communication and thinking styles of “l” and “We cultures. What we basically tend to describe as “Eastern” and “Western.” • Kent’s neighborhood program coordinator received two new neighborhood registration applications. One is from the Laurel Springs Lower Community off of 132nd between SE 209th Ct. and SE 210th Pl. consisting of 37 households. The second is from Connection Condominiums located south of SE 260th Ave. just east of Home Depot consisting of 37 households. Both will be introduced at the March 12 Economic and Community Development Committee and then at City Council on March 20. FINANCE • 2017 W-2’s have been printed and mailed. Additionally, they are also available on ESS. • The 2017 Year-End process is moving along according to schedule. We are anticipating to close year-end in April and are expecting the State Auditor’s Office (SAO) to begin their 2017 audit work around the same time. HUMAN RESOURCES Administration • Held separate meetings with supervisors/managers and employees on the changes to the performance review process. LEAN • Identifying best method to move forward with performance measures. • Building Inspection Code Enforcement team is brainstorming countermeasures to improve the building code inspection process. • Developing strategic plan deployment training for managers. Community Outreach • Partnering with Seattle Goodwill to discuss Internship Opportunities. Benefits • Preparing for ACA Reporting Labor, Classification Compensation • Continuing to process reclassifications and work on establishing positions approved in 2018 budget. • Working on several items for each of our union groups. Page 3 of 9 Recruitment • Held phone interviews for the Communications Manager position on January 29 and 30. • Holding phone interviews for AA1 in HR on Thursday, February 1 and 2. • Held panel interviews for the Deputy Director position in the Parks Dept. on January 30. • Holding entry PD testing on Friday, January 2. • New hires starting February 1: Ify Moanu in Legal, and Susie Chavez and Sam Maloney in ECD. • We have the following in-house postings open right now: Mechanic I, Maintenance Worker III (Water), and Customer Service Rep. • Phone Interviews for Long-Range Planning Manager are scheduled for February 7 and 9. Risk Management • Gardi v. Kent trial scheduled to begin on February 5 at the RJC. INFORMATION TECHNOLOGY City Administration • CMS Training & Governance Rollout & Sustainment - This Project will address training and knowledge gaps within the Web Authors group currently adding, changing, and amending CoK webpage pages and content. • Advance Kent – We are creating a new internal web application in order to provide a place to visually display how staff activities tie into the City’s Strategic Goals. This is a companion to the Innovate Academy. In the future, this system will also provide a platform for tracking and displaying associated projects and their metrics. Information Technology • Hyper-Converged Infrastructure - Install and configure a hyper-converged platform enabling increasing the City's storage and compute power and enable more efficient technical administration. • Mobile Device Management Solution - Enable Technical Services to deploy and manage mobile devices drastically reducing time by individually deploying and managing mobile devices. Provide inventory of mobile devices to prevent or significantly reduce time spent maintaining licenses and physical inventory. Reduce the CoK exposure to risk as a result of rouge applications, access to unsecured networks and nefarious sharing of assets. • Conference Room AV Upgrade - Upgrade and install the audio/visual technology in selected conference rooms across Kent City Hall campus enabling better team collaboration. Police • Mugshot Booking Enrollment Into RBPC - Extract 10 yrs of bookings and mugshots and ongoing enrollment into the facial recognition system. This will allow local candidates to be available when searching images of individuals involved in criminal activity. • Body Worn / In-Car Video Research - Identify BW and ICV program for the CoK Police to include qualified vendor(s), operational concerns and deployment strategy. Information Technology operational support for December 26, 2017 - January 09, 2018 • Number of tickets opened – 299; number of tickets closed – 295 Page 4 of 9 LAW • City Attorney staff testified before the House and Senate on a bill to clarify that the public hearing requirement before removing a restrictive covenant applies to those covenants that are recorded. The bill has since passed out of the senate and is expected to pass out of the house this week. • Staff also testified before the Senate on a bill promoting the deployment of small cell technology and preserving cities’ authority to manage this deployment within the public rights-of-way. • Staff testified in Olympia in support of an amendment to state statute that would allow the City to transfer to the survivors of a deceased employee the employee’s last paycheck as well as the value of accumulated vacation and other funds owed the employee. • The City Attorney’s office handled one code enforcement hearing where the violator admitted he was in violation and agreed to enter a voluntary correction agreement to achieve compliance. • Staff completed the legal review of eight correction notices, two stop use orders, and seven notices of violation for various code enforcement matters. PARKS, RECREATION, AND COMMUNITY SERVICES Cultural Programs • Tapestry Dance Company Spotlight Series performance was on January 26 at Kentwood High School Performing Arts Center. The Austin, Texas-based company presented a multi-media evening of music, tap dance, hip-hop, and spoken word. Two local immigrant performance groups participated as guest artists – African Sisters choir and Sudanese Dance Group. In addition to their performance, Tapestry Dance Company lead a tap dance workshop for students 12-18 years old at Allegro Performing Arts Academy on Thursday, January 25. • Art works by Juan Alonso-Rodríguez and Terrell Lozada are on display in the Centennial Center Gallery through February 26. The artists hosted a reception open to the public on Tuesday, January 9. • Kent Creates “Holiday Traditions” exhibit was open October through December and received 33 submissions. The top five entries (based on Arts Commission votes) are: Rob Kneisler “Homeless for the Holidays” (song), Michael Eggers “Snow Berries” (photograph), Joan Stuart Ross “Oysters for New Year’s” (encaustic on wood and panel), Erica Peto “Angels” (photograph), and Sheldon Ickes “Winter Night” (acrylic painting). The entire exhibit, as well as the five winning pieces, can be viewed at KentCreates.com. • “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. Recreation • More than 1,200 youth, 122 teams and over 3,000 parents and family members are currently involved and active in Parks Department basketball league play. 244 volunteer coaches dedicate at least five hours of practice and game time each week over the course of the ten week season. Their goal is to mentor, teach, and inspire these young athletes through participation in the game of basketball. A strong partnership with the Kent School District provides access to 28 school sites used for practices and games. Another important component of this program is the employment opportunity it provides teens and adults. Program staff recruit, train, schedule, and mentor over 50 sports officials and gym supervisors each week. Page 5 of 9 Senior Activity Center • 37 seniors attended the Senior Activity Center’s first ever hip hop dance class. This workshop was presented by Shakiah Danielson, hip hop instructor/choreographer and Artistic Director of “The Groovement.” Shakiah is currently a teaching artist with the Seattle Theatre Group. The free workshop sponsored by the Paramount Theater delivered on its promise to get participants up and moving!! Multi-media filmed the event and attendees are asking for more. Youth-Teen-Adaptive • The Eighth Annual You Me We event was held Friday, January 26 at accesso ShoWare Center. Under the leadership of the Kent Parks Department, this event was organized and hosted by a collaboration of community agencies, including youth groups, sports organizations, churches, local businesses, and service clubs. It provided a showcase for resources and services offered by 45 -50 youth and family service providers all doing great work for kids and families in Kent. Also back by popular demand was Journey to Wellness, a health component featuring health, wellness, and fitness services. Interactive, hands-on activities available at each booth provided tons of fun for kids of all ages while being helpful, supportive and informative for their parents. This festival of free family fun also featured and celebrated the exceptional talents of young, local performers. Kids from across school districts serving Kent took to the stage to showcase their skills. POLICE Staff Changes - Hiring/Retirement/Recruitment/ Leaves/Promotions • Lateral Officer Michael Saponara starts February 16. Significant crime activities/arrests/investigations • On January 14, KPD conducted the first John Sting of the year and arrested twelve men over the course of about 7 hours which resulted in six impounds. • On January 15, officers responded to a shooting call on the west hill. A suspect approached a victim at a bus stop and asked to use his phone and attempted to walk away with it. The victim followed and said he wanted his phone back but the suspect pulled out a gun and told him he would shoot him. There was a struggle over the gun between the victim and suspect and the gun went off, shooting the suspect through his hand into his leg. The victim got the gun away from the suspect and told him he wanted his phone back. The suspect gave him his phone back and ran away limping. Both the suspect and the victim called 911. • The defendant in a Kent Homicide from September of 2016 was sentenced to 30 years in prison after pleading guilty as charged to Murder in the 1st degree and Assault in the 1st degree. He will have to complete at least 26 years before he is eligible for parole. The fiancé of the victim, as well as his family, wanted to thank the entire Kent Police Department, with special thanks to all of the officers who responded to the initial incident. Specifically, the fiancé remembered the care a female officer showed her on scene and wished to thank her for her kindness and compassion. • On January 18, KPD was conducting an Accident/DUI investigation. While watching the intoxicated driver retrieve documents, the driver attempted to pull a concealed firearm from beside his seat. Being vigilant, the officer noticed immediately, and with the help of a Puget Sound Regional Fire Fighter, was able to disarm and detain the suspect. • On January 28 officers were dispatched to a robbery report that occurred in the area of the AMC Theaters at 426 Ramsay Way. The 17-year-old victim told police that he and his three friends left the movie theater and walked to the 700 block of 2nd Ave N where they had parked his car. He claimed as they were walking north on the east side of the Page 6 of 9 road a black SUV stopped in the roadway next to them. The suspects told the victims, "Give us everything." The victim put his wallet in the suspect’s backpack, while his two friends put cash in the backpack. One of the suspects grabbed the victim’s keys from his hand and threw the keys to the side of the road so they wouldn't follow them. The case has been referred to Detectives for follow up. • On January 28, officers responded to a report of an Order Violation that occurred in the parking lot of the Popeye’s restaurant, located at 23920 102nd Ave SE. The suspect is the respondent in three, No contact Orders with the victim. Events and awards • Letters of Commendation o Ms. Hart wanted to show her third grade class at Panther Lake Elementary how they would use reading, writing, and math the rest of their lives so she asked Officer Michael Morfoot to speak about how he uses those skills in his job. The third graders were enraptured and impressed by Officer Morfoot’s presentation. Ms. Hart said it was perfect-precise, yet eloquent, and highly descriptive and entertaining. o VIPS Sandy Williams, Patty Van Wagner, Vickie Haas, Yvonne Lyons routinely assisted the Kent Police Department in a variety of ways in 2017. The VIPS team was able to issue a total of 365 Notice of Infractions: 246 No Placards, 98 Expired Placards, 17 Aisle Blockages and 4 Unauthorized Users. • DUI Enforcement o Officers Corey Chapman and Randy Brennan were given an award by the Traffic Safety Commission for their hard work in getting DUI drivers off the road. • Life Saving o On October 2, 2017, Officer Richie Plunkett responded to a CPR in Progress and arrived on scene prior to the Fire Department. Officer Plunkett immediately started chest compressions and continued until Fire and Medics arrived. The medical professionals were able to get a pulse and transported the patient to the hospital. Early CPR is critical to not only the survival, but also the quality of life of the patient after recovery. The patient was able to walk out of the hospital. • Human Trafficking Task Force o Detective Lovisa Dvorak was given awarded of appreciation from the FBI for her contributions to the joint task force on Child Exploitation regarding Human Trafficking. PUBLIC WORKS Design • S 224th St Project 88th to 94th – Possession and Use secured last week for one parcel. Only one parcels remains for securing Right-of-Way. Condemnation anticipated to be filed this week for last parcel. Anticipate impact to design schedule due to developer project at The Ridge. • East Valley Overlay – Coordinating with Renton for Traffic Control and signal work/agreement. 90% plans and specs submitted to WSDOT for review. • 2018 Residential Overlay – Community meeting scheduled in early February to discuss work and preference for sidewalks needed to complete the Complete Streets process. Targeting early February for 30% review. • SE 248th St. at YMCA – Received consultant plans on January 16 and submitted to utility companies to start design of undergrounding process. Page 7 of 9 • 132nd Ave SE (SE 240th to SE 248th) – Working toward 30% review scheduled for mid- February. Construction • LID 363: S 224th St Improvements – 84th Ave S to 88th Ave S (Ph 1) - 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. Column concrete placement is scheduled for Monday, February 5. Piers 3 shafts will be completed this week followed by Pier 4. Stone column installation will follow the completion of Pier 4 • 132nd Ave SE Pedestrian Improvements (SE 251st St to SE 268th St) - Work is currently suspended until we have weather to accommodate extruded curb and pavement marking installation. • 640 Pressure Zoe PRV North - Council has authorized the award of this project to Northwest Cascade, Inc. of Puyallup. • Development/Permit Projects o Manchester Ave Natural Gas Main Replacement – PSE has completed replacing existing underground natural gas main between Glenn Nelson Park and 40th Ave S on Hampton Way, Princeton Ave, Manchester Ave, Strattford Ct, Canterbury Ln, Highland Ave, and Yale Ct. Asphalt restoration will proceed as weather permits. o LARC Sr. Housing – Offsite work and work on the Recreation Building in the project are near completion. With approval of this work the Builder is requesting Temporary Certificate of Occupancy (TCO) for the Recreation Building in order to set up their sales office. It is anticipated the TCO will be issued within the following week. o Arco / AM/PM (116th Ave SE & SE 240th) – Intermittent lane closure will be in effect during this time. Night work by PSE (Potelco) is ongoing and will continue through Thursday. o 212th & 64th Communications – Crews will be working on installation of underground communication lines on 64th at night through the end of this week. Land Survey and GIS • The Land Survey field staff has been mapping portions of the 228th/UPRR Grade Separation, Upper Mill Creek Dam Utilities and the second phase of 132nd Ave. Pedestrian Improvements. Survey Office staff have been writing legal descriptions, preparing exhibits and drafting surveys for recording. GIS staff have been working on implementing the outward facing GIS Server slated for March deployment. GIS analyst staff continue working on the 2020 Census, fulfilling daily service requests, and continually updating the backlog of utility As-builts. Environmental • Education – Taj Schade, Evan Swanson and Heather Martin participated in the You Me We event at ShoWare on January 26 with the enviroscape and FOG exhibits. They said it was a great turnout. • Upper Mill Creek Dam Improvement – Working with the Muckleshoot to get approval of mitigation planting along the river. • Lower Russell Levee Project - $17 - $19 million included in the state capital budget for this project. • Horseshoe Bend Levee – Met with King County Parks on January 25 to discuss plans for trail at downstream end of Horseshoe Bend Levee as well as extension of trail south of the city along Green River Road. • Clark Springs Water Supply – Procuring contracts with Aspect Consulting to install three upstream water quality monitoring wells and responding to the Cleanup Action Plan for Landsburg Mine. Page 8 of 9 • Lake Meridian Estates Phase II – Working on getting water locates for private water services that cross the proposed storm drainage pipe. • Cross Connection Control – We are reviewing a code revision for the Cross Connection Control Program. Transportation • Meeker Street Underpass Lighting – Crews began installing conduit this week. Wiring, concrete base for the controller cabinet, installation of the fixtures and programming are next steps. Crews will continue to respond to the traffic signal issues as the top priority. • Traffic Signal S. 260th and Pacific Highway – Crews will be temporarily relocating a traffic signal cabinet in preparation to repair a traffic signal cabinet base damaged by a driver. Work will be completed Sunday morning, February 4. • Traffic Counts – Citywide traffic counts will begin the week of February 12. • Kent Bicycle Advisory Board – Staff, along with Mayor Ralph, met with the Kent Bicycle Advisory Board to provide a brief introduction to the Transportation Master Plan update. • Regional Transportation Sustainability Initiative - Staff will attend this meeting with Mayor Ralph on February 2. Streets • The Street Maintenance crews will be cleaning the shoulder and doing shoulder sweeping on Military Rd from 272nd St to 516 and on Military Rd from 516 to Veteran’s Dr. Street maintenance will also be doing hot patch repairs at the NE corner of 248th St and 120th St and on 148th St just north of 256th St. Street maintenance will be adding a gravel shoulder at 25575 68th Ave S. Vegetation crews will be removing trees at 216th St and 112th Ct in West Creek Meadows. Vegetation crews will also be doing blackberry removal at Lindental Pump Station; in addition there will be fence repairs at 266th St and 131st St, 144th and Kent Kangley Rd and Kent Kangley Rd and 135th St. Sign crews will be replacing retro signs at 2nd Ave S and W. Willis St and at E Walnut and Reiten Rd. Water • The Water Division is currently working on annual water line bridge crossing inspections and water main cleaning. Water main cleaning is occurring south of the City Hall Campus between 3rd Ave S & 5th Ave S. Water is also working on annual reports for the Department of Health and the Department of Ecology. Utilities • Sewer Section will be cleaning lines that are 10 years or older and doing change outs city wide. The vactor trucks will be cleaning the existing city sewer lines. • Storm Crews will be repairing a catch basin at 26127 145th Ave SE. They will also be scraping 2 culverts located in ponds at 120th and 244th. Cleaning culvert at SE Kent Kangley Road and 137th Ave SE. National Pollutant Discharge Elimination System (NPDES) crews will be cleaning at 248th St and 124th Ave and 137th St and 235th St. NPDES crews will also be doing repairs at 94th St and 244th St. Page 9 of 9 Fleet/Warehouse • The Radio shop is installing 2 new portable radio systems at police substations. Fleet services continue to work on scheduled maintenance and repairs, drop-in repairs and emissions testing. # # # 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 Q. Discussion Action 8A. Approval of Minutes. Approve Minutes of January 16, 2018, Workshop and Council Meeting Kent City Council Workshop January 16, 2018 Minutes Kent, Washington Pending Approval Page 1 of 2 Date: January 16, 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 5:03 p.m. Agenda: Public Works Operations Teams Dave Brock, Public Works Deputy Director Operations Manager provided a brief recap of how the Public Works Operations Department has improved processes and the workplace culture in the department, and expressed his appreciation for his staff. Jens Vincent, Storm Drainage Supervisor, a 28-year employee with the City, expressed his thoughts on the culture changes that have taken place in the past few years. Christine Church, Accounting Technician, provided information regarding her participation on the Public Works Department’s “People Team,” whose mission is: “To promote a positive workplace for Public Works Employees that recognizes success and energizes positive practices. We will accomplish this through respect, education and recognition.” Kalyn Ieremia, Office Technician III, expressed her happiness in working with city staff and is appreciative of the mutual cooperation, respect, and leadership throughout the city. Laura Haren, Environmental Conservation Analyst, a 22-year employee with the City, expressed her appreciation for the culture changes that have led to the breaking down of silos and the increased collaboration between departments. She expressed her appreciation for the action teams because they make a difference to the entire staff. Kent City Council Workshop January 16, 2018 Minutes Kent, Washington Pending Approval Page 2 of 2 Councilmembers expressed their appreciation for the work of the Public Works staff members and for their presentation tonight. Transportation Sustainability Dave Brock, Public Works Deputy Director Operations Manager, provided a review of pavement projects from 2017, existing conditions of pavement, street classifications, pavement condition index, and pavement preservation funding levels. Tim LaPorte, Public Works Director, advised that it is more cost effective to do projects in pavement roads rather than concrete roads. Catherine Crook, GIS Supervisor, details as to why drivers, including delivery truck drivers, rely on smart phones to navigate through the city. Catherine provided details regarding the three data applications used by consumers that include Google Maps, Waze, and Apple Maps. Brent Collins, Street Maintenance Field Supervisor, provided information regarding pothole repairs done in 2017. To report a pothole, the public can call 253-856- 5600, or visit KentWA.gov. Kelly Peterson, Transportation Engineering Manager, provided information regarding increased congestion throughout the city. Dave Brock requested that this presentation be continued to the February 6, 2018, workshop. The meeting concluded at 6:43 p.m. Kimberley A. Komoto City Clerk January 16, 2018 This page intentionally left blank. Kent City Council Regular Meeting January 16, 2018 Minutes Kent, Washington Pending Approval Date: January 16, 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 7:04 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 Council President Boyce moved to approve the agenda as submitted, seconded by Councilmember Thomas. The motion passed with a unanimous vote of 7-0. 4. Public Communications A. Public Recognition Councilmember Thomas, advised of former Governor Spellman’s passing today in addition to Bill Stewart, the former owner of the drug store that was located in downtown Kent on Gowe and First. Mayor Ralph recognized the City’s January employee of the month, Wendy Campbell, who works in the Human Resources Department. Mayor Ralph recognized Tom Brubaker, City Attorney, with a proclamation for Tom Brubaker Day. Tom expressed his appreciation for the proclamation. He indicated he is thankful for the wonderful and meaningful experience to work for the council, mayor, elected officials, and staff. Tom conveyed that he has tried to make a difference to help Page 1 of 8 Kent City Council Regular Meeting January 16, 2018 Minutes Kent, Washington Pending Approval this community. The council conveyed their appreciation of Tom and the years of service that he has provided to the council. B. Torklift Central Turkey Challenge Kerstin Stokes, Content Coordinator with Torklift Central, provided details regarding the 7th Annual Turkey Challenge. Total raised in 2017 was $28,917 and 11,500 pounds of food. Kerstin presented awards to: 2017 Top 5 businesses that collected money: 1st – Ski’s Painting, Inc. raised $5,500 2nd - Eberle Vivian raised $5,050 3rd - Shannon and Associates raised $3,928 4th - Kent United Methodist Church raised $2,615 5th – Express Employment Pros raised $2,262 2017 Top 5 businesses that collected canned food: 1st – Seattle/Tacoma KOA collected 3,021 items 2nd – Plemmons Industries collected 2,543 items 3rd - Express Employment Pros collected 1,711 items 4th – Grass Lake Elementary collected 1,500 items Kent CrossFit collected 1,485 items C. Proclamation for Human Trafficking Awareness Day Mayor Ralph presented the Proclamation for Human Trafficking Awareness Day to representatives from Kent Youth and Family Services. Kyra Doubeck, CSEC Behavioral Health Specialist with Kent Youth and Family Services expressed her appreciation for the work of Kent Youth and Family services and their partnership with the Kent Police Department. Mike Heinisch, Executive Director of Kent Youth and Family Services, expressed appreciation of proclamation and indicated he is proud of what Kent is doing. D. Community Events Council President Boyce advised of the upcoming Spotlight Series events. Details regarding upcoming events at the accesso ShoWare Center were also provided. Visit accesso ShoWareCenter.com for ticketing information. E. Public Safety Report Ken Thomas, Police Chief, recognized Detective Lovisa Dvorak for receiving an award from the Director of the U.S. Department of Justice Federal Bureau of Investigation in appreciation of contributions to the Joint Task Force efforts regarding Human Trafficking. Page 2 of 8 Kent City Council Regular Meeting January 16, 2018 Minutes Kent, Washington Pending Approval Chief Thomas provided background information regarding Officers Tessa Melville and Patrick Donovan. Mayor Ralph conducted the official swearing-in of Officer Tessa Melville and Officer Patrick Donovan. Chief Thomas presented Officer Richie Plunkett with the Lifesaving Award. Officer Plunkett arrived on the scene prior to the Fire Department and performed CPR. Due to the lifesaving efforts of officer Plunkett, the person survived. Chief Thomas presented Officer Corey Chapman with the DUI Enforcement Award. Officer Randy Brennan also received the DUI Enforcement Award, but was unable to attend the meeting. 5. Reports from Council and Staff Mayor Ralph Mayor Ralph serves on the Sound Cities Association Puget Sound Regional Council Transportation Policy Board. During the last meeting the Board discussed the Target Zero program, which implements state and federal safety standards into the City’s transportation plan. Mayor Ralph serves on the South County Area Transportation Policy Board. Today’s meeting included a presentation on the Gateway 509 Project. The local match was discussed using grants. Tolling on 167 was also discussed and the revenue is being used for freeway repairs. The new interchange at Highway 167 and Interstate 405 is anticipated to open in 2019. Council President Boyce Council President Boyce provided a brief recap regarding the presentation during tonight’s City Council workshop from the Public Works Operations team that discussed the changes to the culture throughout the department. Public Works Operations also gave a presentation regarding transportation sustainability. Council President Boyce advised the public to call 253-856-5600 to report a pothole or visit KentWA.gov. Council President Boyce provided details of the upcoming City Council retreat that will be held on February 2nd and 3rd. Council President Boyce advised that Councilmember Troutner will be sworn-in on the Puget Sound Regional Fire Authority Board tomorrow night. Council President Boyce is the Chair of the Economic and Community Development Committee and indicated the report is in the minutes of the committee. Page 3 of 8 Kent City Council Regular Meeting January 16, 2018 Minutes Kent, Washington Pending Approval Councilmember Budell Councilmember Budell serves on the Sound Cities Association Domestic Violence Initiative and indicated the 2017 caucus that sets the meeting dates and agenda items for the year has not been scheduled. Councilmember Kaur Councilmember Kaur serves on the Sound Cities Association Growth Management Planning Council and advised that the next meeting is scheduled for February 28th. Councilmember Kaur serves on the Sound Cities Association Puget Sound Clean Air Agency Advisory Council and advised that the Council has not yet set their meeting dates. Councilmember Higgins Councilmember Higgins does not currently serve on a regional committee. Councilmember Higgins is the Chair of the Public Works Committee. The Committee discussed the recently-completed project for the sidewalk on 132nd from S.E. 256th to Kent-Kangley Road. The City accepted a grant during the January 8th meeting that will allow the City to finish the sidewalk on 132nd from S.E. 256th to S.E. 240th. Councilmember Troutner Councilmember Troutner is the alternate on the Sound Cities Association Public Issues Committee that reviews and evaluates policies from the different regional committees and makes recommendations to the board. Councilmember Troutner serves on the Sound Cities Association Regional Law, Safety and Justice Committee. Next meeting is January 25, 2018. Councilmember Troutner is the chair of the Public Safety Committee and indicated that during the January 9th meeting, the committee received a report from Derek Matheson, Chief Administrative Officer regarding the Police and Criminal Justice ballot measure. The committee will hold a special meeting on January 30th to review a resolution to bring to the Council in February Councilmember Fincher Councilmember Fincher serves on the Sound Cities Association Mental Health and Drug Dependency Oversight Committee King County and advised that the committee is reviewing the integration of behavior health into the rest of the healthcare system. Full integration is anticipated in 2019 during which point funds will be made available. Councilmember Fincher advised that there are concerns over continued funding for the Crisis Solution Center. Page 4 of 8 Kent City Council Regular Meeting January 16, 2018 Minutes Kent, Washington Pending Approval Councilmember Fincher serves on the Sound Cities Association King Conservation District Advisory Committee and advised that the committee is scheduled to meet on January 17th. Councilmember Fincher is the chair of the Parks and Human Services Committee and advised that the next meeting is scheduled for January 18th. Councilmember Fincher provided information regarding the one night homeless count and provided information on how to volunteer. Councilmember Fincher provided details regarding upcoming Kent Arts events. Visit KentWa.gov for more information. Councilmember Thomas Councilmember Thomas serves on the Puget Sound Regional Fire Authority Governing Board and indicated the next meeting is scheduled for January 17th at 5:30 p.m. at the fire consortium building located on 84th Avenue. Derek Matheson, Chief Administrative Officer Derek Matheson advised of the upcoming City Council retreat and indicated he is finalizing the agenda that is expected to be available next week. Derek Matheson advised that his Chief Administrative Officer report is included in today’s agenda packet and that there is an executive session tonight to discuss pending litigation that is expected to last 30 minutes with no action following. 6. Public Hearing None 7. Public Comment Pauline Caldwell, a resident of Auburn, expressed her concerns over taxes and the increases that affect seniors. 8. Consent Calendar Council President Boyce moved to approve the Consent Calendar items A through I, seconded by Councilmember Thomas. The motion passed unanimously with a 7-0 vote. A. Minutes of January 2, 2018, Workshop and Council Meetings – Approve The minutes of the January 2, 2018 Workshop and Council Meetings were approved. B. Transportation Improvement Board Grant Agreement for 132nd Avenue S.E. Walking Path from 240th to 248th Street – Authorize The Mayor was authorized to accept grant funds in the amount of $640,640 from the Washington State Transportation Improvement Board for the 132nd Avenue Page 5 of 8 Kent City Council Regular Meeting January 16, 2018 Minutes Kent, Washington Pending Approval Pedestrian Improvement Project from South 240th Street to South 248th Street, amend the budget, authorize expenditure of the grant funds in accordance with the Grant Agreement, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. C. WaterWorks Grant Agreement with King County for the Lake Fenwick Aerator Upgrade Project- Authorize The Mayor was authorized to accept grant funds from King County in the amount of $89,000, to help fund an upgrade to the Lake Fenwick aeration system, amend the budget, authorize expenditure of grant funds in accordance with the Grant Agreement, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. D. Watershed Management Grant Agreement with King County for the Downey Farmstead Restoration Project – Authorize The Mayor was authorized to accept Cooperative Watershed Management Grant funds from King County in the amount of $1,002,799, for the Downey Farmstead Restoration and Frager Road Utility Relocation projects, amend the budget, authorize expenditure of the grant funds consistent with the grant’s terms, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. E. WaterWorks Grant Agreement with King County for the Green River Watershed Center, Design and Analysis Project – Authorize The Mayor was authorized to accept WaterWorks Grant funds from King County, in the amount of $50,000, for the Green River Watershed Center Design and Analysis Project, amend the budget, authorize expenditure of the funds consistent with the grant’s terms, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. F. 2017 Paint Line Striping and Raised Pavement Markers Project – Accept as Complete The Mayor was authorized to accept the 2017 Paint Line Striping and Raised Pavement Markers Replacement Project as complete and to release retainage to Stripe Rite, Inc., upon receipt of standard releases from the state and the release of any liens. G. Habitat Conservation Measure 6 Project – Accept as Complete The Mayor was authorized to accept the Habitat Conservation Measure 6 Project as complete and to release retainage to Maroni Construction, upon receipt of standard releases from the state and the release of any liens. H. Horseshoe Bend Levee Storm Outfall Pipe Slip-Lining Project – Accept as Complete Page 6 of 8 Kent City Council Regular Meeting January 16, 2018 Minutes Kent, Washington Pending Approval The Mayor was authorized to accept the Horseshoe Bend Levee Storm Outfall Pipe Slip- Lining Project as complete, and to release retainage to NW Relining LLC., upon receipt of standard releases from the state and the release of any liens. I. South 212th Street and 72nd Avenue South Intersection Improvements Project – Accept as Complete The Mayor was authorized to accept the South 212th Street and 72nd Avenue South Intersection Improvements Project as complete, and to release retainage to Kiewit Infrastructure West Company, upon receipt of standard releases from the state and the release of any liens. 9. Other Business None 10. Bids A. Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation – Award Hope Gibson, Parks and Development Manager, provided details regarding the Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation. Councilmember Fincher moved to award the Kent Memorial Park Play Area Renovation and Wiffle® Ball Field Installation project to Harkness Construction in the amount of $412,989.50, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks, Recreation and Community Services Director, seconded by Councilmember Kaur. The motion passed with a unanimous vote of 7-0. B. Lake Meridian Park Bathhouse Remodel – Award Hope Gibson, Parks and Planning Manager, provided details regarding the Lake Meridian Park Bathhouse Removal project. Councilmember Fincher moved to award the Lake Meridian Park Bathhouse Remodel project to Optimus Construction and Development, Inc., in the amount of $407,550.00, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks, Recreation and Community Services Director, seconded by Councilmember Budell. The motion passed with a unanimous vote of 7-0. C. 2018 Traffic Sign Replacement Project – Award Tim LaPorte, Public Works Director, provided details regarding the 2018 Traffic Sign Replacement Project. Page 7 of 8 Kent City Council Regular Meeting January 16, 2018 Minutes Kent, Washington Pending Approval Councilmember Higgins moved to award the 2018 Traffic Sign Replacement Project to Apply-A-Line LLC., in the amount of $334,100, and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Fincher. The motion passed with a unanimous vote of 7-0. D. 640 Pressure Zone PRV North Project – Award Tim LaPorte, Public Works Director provided information regarding the 640 Pressure Zone PRV North Project. Councilmember Higgins moved to award the 640 Pressure Zone PRV North Project to Northwest Cascade, Inc. in the amount of $1,649,774.50 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Troutner . The motion passed with a unanimous vote of 7-0. 11. Executive Session and Action after Executive Session A. Potential Litigation, as per RCW 42.30.110(1)(i) At 8:19 p.m., the Council went into executive session At 8:53 p.m., the Council returned from executive session 12. Adjournment With no action following executive session, Mayor Ralph adjourned the meeting at 8:54 p.m. Kimberley A. Komoto City Clerk January 16, 2018 Page 8 of 8 Agenda Item: Consent Calendar – 8B_ 8B. Approval of Bills: Approval of payment of the bills received through November 30, 2017, and paid on November 30, 2017. The Operations Committee audited the payment of bills on December 29, 2017. 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 Approval of payment of the bills received through December 15, 2017, and paid on December 15, 2017. The Operations Committee audited the payment of bills on December 29, 2017. 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 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 Approval of payment of the bills received through November 15, 2017, and paid on November 15, 2017. The Operations Committee audited the payment of bills on December 5, 2017. 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 Approval of payment of the bills received through December 31, 2017, and paid on December 31, 2017. The Operations Committee audited the payment of bills on January 16, 2018. 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 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 Agenda Item: Consent Calendar – 8C_ TO: City Council DATE: February 6, 2018 SUBJECT: Third Lease Amendment City and Valley Communications Center - Cambridge Site – Authorize SUMMARY: The City leases ground space at the Cambridge tank site to Valley Communications Center for a structure and tower for radio communications. The initial lease was entered into on November 22, 1993, and amended on January 8, 2010, and December 14, 2016. This third amendment extends the lease term through December 31, 2019, and will allow the term to automatically extend on a month-to-month basis, terminable by either party upon thirty days’ notice. The lease allows Valley Communications to assign or sublet all or part of the leasehold premises to King County’s Puget Sound Emergency Radio Network project. The County will need to use some of Valley Communications radio communications facilities to complete this important next-generation emergency radio system. Valley Communications will be in charge of the details of any sublease or assignment to King County, then King County will work directly with the City to negotiate a new lease. EXHIBITS: Third Amendment to Lease Agreement RECOMMENDED BY: Operations Committee YEA: Boyce, Higgins, Thomas NAY: BUDGET IMPACTS: None MOTION: Authorize the Mayor 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. This page intentionally left blank. 10105 00001 ha03d223gj THIRD ADDENDUM TO LEASE AGREEMENT BETWEEN THE CITY OF KENT (LESSOR) AND VALLEY COMMUNIATIONS CENTER (LESSEE) This THIRD ADDENDUM TO LEASE AGREEMENT (“Third Addendum”) is made this _____ day of January, 2018, by and between the City of Kent, a municipal corporation formed pursuant to RCW 35A (“Lessor”), and Valley Communications Center, an administrative agency formed pursuant to RCW 39.34 (“Lessee”). RECITALS A. Lessor and Lessee entered into that certain Lease Agreement dated November 22, 1993 (the “Initial Lease”), as amended by that certain First Addendum to Lease Agreement dated as of January 8, 2010 (the “First Addendum”) and that certain Second Addendum to Lease Agreement dated December 14, 2016 (“Second Addendum”) for certain real property located in the City of Kent, State of Washington as described in Exhibit A to the Initial Lease (the “Premises”). The term “Amended Lease” shall mean the Initial Lease as amended by the First Addendum and Second Addendum. As used herein the term “Lease” shall mean the Amended Lease as further amended by this Third Addendum. B. The parties desire to amend the Amended Lease to extend the term of the Amended Lease as more fully set forth below. C. Except as otherwise specifically defined herein all capitalized terms shall have the meanings assigned in the Amended Lease. AGREEMENT In furtherance of the Recitals set forth above, which are incorporated herein by reference, and in consideration of the mutual promises and covenants set forth below, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties acknowledge and agree to the following: 1. Second Extended Term. The term of the Lease is hereby extended for twenty-four (24) months (“Second Extended Term”) commencing on January 1, 2018 and terminating on December 31, 2019. If not renewed or terminated as provided in the Lease and its Addenda, the term will automatically extend on a month-to-month basis, terminable by either party upon providing at least 30 days prior written notice. 2. Rent Payment. Lessee shall pay to Lessor the sum of $3,180.00 for each additional year on or before January 31 of each respective year as rent for the Second Extended Term. If extended on a month-to-month basis, Lessee’s rent will be $265.00 per month. 3. Condition of Premises. Lessee leases the Premises during the Second Extended Term in as-is, where-is condition and acknowledges that Lessor has not agreed to and shall not be required to make any improvements or alterations to the same. 3. Brokers. Each party warrants to the other party that it has not dealt with any broker or agent in connection with the negotiation or execution of this Third Addendum. 2 10105 00001 ha03d223gj Each party shall indemnify, defend and hold the other party harmless from and against all costs, expenses, attorneys’ fees, liens and other liability for commissions or other compensation claimed by any broker or agent claiming the same by, through, or under such party. 4. Entire Agreement. This Third Addendum and the Amended Lease constitute the entire agreement between Lessor and Lessee with respect to the subject matter of this Third Addendum. 5. Full Force and Effect. Except as specifically set forth herein, the Amended Lease is and remains in full force and effect and binding on the parties. Lessee confirms that Lessor is not now and has not in the past been in default under the Lease, and Lessee has no claim against Lessor for damages or offset of any type. 6. Authority. Each party acknowledges that it has all necessary right, title and authority to enter into and perform its obligations under this Third Addendum, that this Third Addendum is a binding obligation of such party and has been authorized by all requisite action under the party's governing instruments, that the individuals executing this Third Addendum on behalf of such party are duly authorized and designated to do so, and that no other signatories are required to bind such party. 7. Counterparts. This Third Addendum may be executed in one or more facsimile or pdf counterparts, each of which shall be deemed the original, but which together shall constitute one and the same instrument. 8. Ratification. The parties hereto ratify all past acts of the parties taken consistent with the terms and conditions of the Amended Lease. IN WITNESS WHEREOF, the parties have executed this Third Addendum as of the date set forth above. LESSOR: CITY OF KENT By: _____________________________ Name: Dana Ralph Title: Mayor LESSEE: VALLEY COMMUNICATIONS CENTER By: _________________________ Name: _______________________ Title: ________________________ 3 10105 00001 ha03d223gj STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that Dana Ralph is the person who appeared before me, and she acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this ____ day of January, 2018. ____________________________ [Signature of Notary] NOTARY PUBLIC in and for the State of Washington, residing at ____________. My commission expires: ___________. 4 10105 00001 ha03d223gj STATE OF WSHINGTON ) COUNTY OF KING ) I certify that I know or have satisfactory evidence that _______________________ is the person who appeared before me, and she acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Executive Director of Valley Communications Center to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this ____ day of January, 2018. _______________________________ [Signature of Notary] NOTARY PUBLIC in and for the State of Washington, residing at ____________. My commission expires:____________. Agenda Item: Consent Calendar – 8D_ TO: City Council DATE: February 6, 2018 SUBJECT: Indigo Springs Bill of Sale – Authorize SUMMARY: Indigo Springs Apartments is located at 11123 SE 208th Street. EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MOTION: Authorize the Mayor to accept the Bill of Sale from Indigo Springs Apartments for frontage improvements on the south side of SE 208th Street from the West 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. This page intentionally left blank. MAIL TO: CITY OF KENT ENGINEERING DEPARTMENT ATTN: Karen Wesson KENT 22O - 4TH AVENUE SOUTH KENT, WASHINGTON 98032WrsurNclTtrr{ Project:lndigo Springs Apartments Permit #RECC-2141705CC Location: IIt23 SE 208 Street parcel #: 674\88 BILL OF SALE CITY OF KENT KrNG COUNTY, WASHTNGTON THrS TNSTRUMENT made this 23 day of Julv KW lndigo LLC , hereinafter called "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee": WITNESSETH: That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following described improvements : A. wArERMArNs, N/A-SOOS CREEK WATER AND SEWER Together with a total of gate valves at $ - -edch, - hydrants at $each and/or any other appurtenances thereto. 20 15 , by and between ON (street, easement, etc.) FROM TO Including linear feet at $per LF of _ (size & type) - waterline B. sANrrARysEwERs= N/A-SOOS CREEK WATER AND SEWER Together with a total of manholes at $ thereto. each and/or any other appurtenances 9N (street, easement, etc.) FROM Including linear feet at $per LF of Bill of Sale Lof5 TO (size & type)sewerline. c. NEW srREErs' N/A-PRIVATE Together with curbs, gutters, sidewalks, and/or any other appurtenances ON (street, easement, etc.) FROM Ig Including linear feet at $per LF of (size & type)(improvement). D. FRONTAGE IMPROVEMENTS: Together with lights, trees, landscaping (except residential streets) and/or any other appurtenances gN FROM TO (street. easement, etc,) South side of SE 208 Street west property line +/-45'east of the east property line Including 180 feet linear feet at $35.00 per LF of Grind & Overlay (size & type)New curb/gutter and sidewalk improvement). E. sroRM sEWERs' N/A-PRIVATE Together with a total of manholes at $each or total of catch basins at $each,LF of biofiltration swale or dralnage ditch with a total cost of $cubic feet of detention pond storage with a total cost of $ - and/or any other appurtenances thereto. ON (street, easement, etc.) FROM TO Including linear feet at $per LF of (size & type)sewerline, To have and to hold the same to the said Grantee, its successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; and that the same is free from all encumbrances; that all bills for labor and materials have been paid; that it has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful claims and demand of all person(s). The Bill of Sale is given on consideration of the agreement of the Grantee for itself, its successors and assigns to incorporate said utilities in its utility system and to maintain them as provided in the applicable City Ordinances. The City accepts the items subject to staff approval and completion of a 2 year maintenance period. Bill of Sale 2of5 IN WITNESS WHEREOF, the undersigned has caused thls instrument to be executed on this'Alst-day of 0.,rLr{,20 19- VI Pp"EstbeNT IN WITNESS W}IEREOF, the underslgned has caused this lnstrument to be executed on thls day of ,20 -. STATE OF WASHINGTON COUNTY OF KING On this day of ,2 , before me, the undersigned A Notary Public in and for the State of Washlngton, duly ssioned and sworn, personally appeared to me to be the lndividual described in and ss ) ) ) who executed the foregolng lnstrument, and lnstrument as hls/her free and voluntary act and to me that he/she slgned and sealed this the uses and purposes therein mentloned" 20 _. Notary Public in and for the State of Washlngton, residlng at My Commission Expires: ackn GIVEN under my hand and official - day of Bill of Sale 3 of 5 CALIFORNIA ALL.PU RPOSE ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On July 21s12015, before me, Clara Lobendahn, Notary Public, personally appeared KurtZech, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WTNESS my hand and officialseal.CLARA LOBENDAHN Commission # 2025693 ilotary Public - Calilornia Los Angeles County Comm.Jun 19,2017@ KENTWesntNcTon ENGINEER'S CERTIFICATION CITY OF KENT KrNc couNry WASHTNGTON The figures used on the Bill of Sale for dated 7-23-2o1s lndigo Springs Apartments project , for the same sald Indigo Springs Apartments project.Don E. Dawes the underslgned P.E, or land surveyor is the person responslble for the preparation of the Blll of Sate and is an employee of Barghausen Consulting Engineers, lnc., the flrm responsible for the preparatlon of the record drawings. Slgnature ( E ng In eer sta m p requ ired ) Blll of Sale 5of5 This page intentionally left blank. Agenda Item: Consent Calendar – 8E_ TO: City Council DATE: February 6, 2018 SUBJECT: Consultant Services Agreement with Mithun Inc., for the Mill Creek Canyon Earthworks Park Renovation Phase II Master Plan – Authorize SUMMARY: Mithun, Inc., was selected through a Request for Proposal process to complete a master plan for Mill Creek Canyon Earthworks Park. The total budget for the master plan is $149,426. The master plan will set a vision for renovating Earthworks Park, improving the existing trail system, planning of middle and upper parks in the canyon, and looking at ways to improve connections from the park to surrounding areas. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Budell, Fincher Kaur NAY: BUDGET IMPACTS: This project is being paid out of the Parks Capital Budget. MOTION: Authorize the Mayor 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. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Mithun, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Mithun organized under the laws of the State of Washington, located and doing business at Pier 56, 1201 Alaskan Way, #200, Seattle, WA 98101 (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: As described in attached Exhibit A, incorporated herein, consultant shall provide master planning services for Mill Creek Canyon Earthworks Park. Services will include site inventory and assessment, analysis, public outreach, alternatives development, final master plan, and exhibits for meetings and/or online postings. 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 June 30, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $149,426.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 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, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. 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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Jason King Mithun 1201 Alaskan Way, #200 Seattle, WA 98101 206-623-3344 (telephone) JasonK@mithun.com (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Brian Levenhagen City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5116 (telephone) (253) BJLevenhagen@kentwa.gov (facsimile) APPROVED AS TO FORM: Kent Law Department P:\Planning\Mill Creek Earthworks Park\Mill Creek Canyon Earthworks Park Master Plan 2018\Mithun CD's\Mithun-Mill Creek Earthworks Master Plan-CONTRACT 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: _________________________________________ January 9, 2018 Brian Levenhagen, Senior Park Planner City of Kent Parks, Recreation and Community Services Department 220 Fourth Avenue South Kent, WA 98032 253.856.5116 BJLevenhagen@kentwa.gov Re: Mill Creek Canyon Park Master Plan - Proposal Mithun Project #1726900 Dear Brian: Please find our project proposal scope and fee for the Mill Creek Canyon Park Master Plan. We’re thrilled to be able to contribute to the next phase of this legendary park, and aid in revitalization of the Earthworks while reconnecting and expanding the overall function of the park to the larger community. Our Mithun team includes Herrera Environmental Consultants to provide support on environmental, stormwater and civil issues, John Langer Consulting for cost estimates, Studio Matthews for engagement and branding, and NW Vernacular to aid in navigating the vital cultural landscape issues. The attached scope and fee is based on discussions between us and yourself, and the original RFQ, which allowed us to clarify the scope required and allocate time for meetings and tasks. These are outlined, including with our work products and key deliverables, along with an approximate timeline for the work starting in February and continuing through December 2018 If this proposal is acceptable, please pass along necessary contract documents for agreement and we can formalize this scope as soon as possible and get started as soon as possible. We are really excited to get started, and look forward to working with you on this important endeavor for the City of Kent and the legacy of Herbert Bayer’s work. Sincerely, Deb Guenther Partner cc: File Project Scope and Fee Summary Mill Creek Canyon Park Master Plan (revised) 1726900 01.09.18 Page 2 of 6 Project Description The project will work with the City of Kent and the community to complete a new Master Plan for the Mill Creek Canyon Park. This includes the tasks, outlined below in detail, including Inventory and assessment of existing conditions, analysis of opportunities and constraints, developing two initial master plan alternatives, and refinement of the alternatives into a final master plan. Supporting tasks include assisting City staff with public outreach to gather input from the community, and preparation of exhibits for meetings and project website. Preliminary Schedule The project schedule is noted in each task below, and anticipated to be February through December, 2018 Scope of Work The following scope of work and deliverables describe the tasks that will be accomplished by Mithun and their subconsultants. Task A: Inventory and Assessment $17,365 (Approximately 7 weeks / February-March)  Review documents, reports, plans and studies  Collect and compile existing base information (GIS/CAD) & prepare working site base for overall park and focus areas  Develop preliminary mapping of potential critical areas (i.e., wetlands and streams) and functional assessment, categorization, and typing of potential critical areas to determine buffer widths required by the Kent City Code Chapter 11.06, using existing public data sources and reconnaissance field survey efforts.  Develop preliminary mapping of stormwater and other utility infrastructure important to the project goals, both on-site and off-site, using existing public data sources.  Review other applicable codes and site specific requirements for potential environmental critical areas, views, infrastructure, cultural resources, utilities, parking, open space and other elements.  Provide preliminary cultural resources review and background study  Assess and compile current conditions maps and narratives into a memo  Meet with client (assume 2 meetings) and team and provide notes as needed Deliverables:  A1. Provide preliminary Base plans & documentation of existing conditions (30%)  A2. Memo outlining Preliminary Inventory and Assessment documentation, including maps narrative report summarizing relevant issues (summary of previous reports, information on environmental, potential critical areas, cultural resources, infrastructure, open space, utilities, parking, circulation, and stormwater) (70%) Project Scope and Fee Summary Mill Creek Canyon Park Master Plan (revised) 1726900 01.09.18 Page 3 of 6 Task B: Analysis $18,055 (Approximately 7 weeks –March-May)  Provide analysis for park amenities and usage, park programming options, community connections, potential environmental critical areas, views, infrastructure, cultural resources, utilities, parking, open space and other elements.  Map potential critical area buffers using map data and field observations from Task A.  Provide analysis of cultural resource through character defining spaces and feature ranking, including summary of analysis for provide a reference tool for decision making and impacts to landmark, including treatment options  Integrate information from Public Meeting  Meet with client (assume 2 meetings) and team and provide notes as needed Deliverables:  B1. Provide Preliminary Analysis maps (40%)  B2. Memo outlining text narrative and diagrams for park, summarizing analysis, focusing information on park amenities and usage, community connections, environmental, potential critical areas, cultural resources, infrastructure, open space, utilities, parking, circulation, and stormwater (60%) Task C: Alternatives Development $32,110 (Approximately 14 weeks, May – August)  Refine preliminary site analysis plans from Team/Client feedback  Development of plans and maps and precedent imagery for concepts that encompass park amenities and usage, community connections, adjacent land use potential, trails, on and off-site pedestrian connections, and improvements to existing Earthworks  Develop preliminary ideas for wayfinding and branding strategies to increase visibility and community engagement with park,  Develop natural resources strategies including flooding, potential critical areas / permitting, restoration of natural resources.  Develop stormwater and civil strategies for alternatives, supporting park design and natural resources for rail, park, and public ROW pedestrian improvement conceptual strategies  Develop preliminary costing for 2 alternative for comparison purposes  Integrate information from Public Meetings to inform Alternatives and reflect community voices  Meet with Client (assume 4 meetings) and internal team as needed Deliverables:  C1. Summary memo with strategies for park amenities and usage, community connections, environmental, potential critical areas, cultural resources, infrastructure, open space, park programming options, utilities, parking, circulation, and stormwater (25%)  C2. Draft Alternatives Maps, Narrative & Supporting Sketches (25%)  C3. Final Presentation w/ Illustrations and supporting information for two master plan alternatives; Preliminary Cost Information for two alternatives (50%) Project Scope and Fee Summary Mill Creek Canyon Park Master Plan (revised) 1726900 01.09.18 Page 4 of 6 Task D: Final Master Plan $40,080 (Approximately 16 weeks, September-December)  Incorporate feedback from two alternatives to develop Final Master Plan document, with illustrations, graphics, narrative text, and park programming options, including: o Background information o Narrative of features of final option w/ supporting maps and graphics o One illustrative Master Plan map (in report and larger scale) o Cost breakdown & Phasing plan o Concept sketches (3) of key focus areas  Incorporate information on potential critical areas and stormwater opportunities  Review master plan options for cultural resource, landmark impacts and treatment options  Provide final cost/phasing analysis for Final Master Plan  Incorporate feedback from a maximum of 2 rounds of reviews from Client  Compile and develop final, formatted Master Plan document to client  Meet with Client (assume 3 meetings) and internal team as needed Deliverables:  D1. Draft Outline of Master Plan (20%)  D2. Draft Master Plan Document for Review (30%)  D3. Final Master Plan Document w/ supporting information, graphics, text, maps, and sketches costing and phasing (50%) Task E: Public Outreach $27,400 (Multiple Events, spanning April-September) On-going through the project, we will conduct a series of public outreach events to both generate interest and excitement for the project, and gathering vital information about opportunities, constraints, possibilities and concerns. The breakdown of tasks includes  Brainstorm ideas and develop a work plan for public outreach  Public Meeting #1: Initial workshop with a focus on community listening and information gathering, building on work done by City of Kent.  Public Meetings#2a-c: A series of pop-up events around the park and community to provide fun and interaction  Public Meeting #3: Workshop to review design alternatives and solicit feedback from community on priorities, amenities, configuration, phasing, and connectivity.  Develop strategies for additional engagement and branding opportunities to be employed by City to support master plan and Phase one activities  Support digital and City communications through preparation of figures (see Task F)  Meet with Client (assume 1 meeting) and internal team as needed Deliverables:  E1. Workshop 1 (30%)  E2. Workshop series w/ 3 small pop-up events in community (40%)  E3. Workshop 3 (30%) Project Scope and Fee Summary Mill Creek Canyon Park Master Plan (revised) 1726900 01.09.18 Page 5 of 6 Task F: Exhibits for Meetings/Website $14,416 (Duration of Project) To support the above tasks, we will prepare deliverables for meetings, public events, workshops and presentations. We will also coordinate with City of Kent staff for formatting and delivering graphics suitable for website and other formats as needed. Deliverables:  Drawings, maps, presentations, boards and graphics to support all project tasks (to be billed concurrent with other Tasks) Project Team Mithun Team Leaders: Billing Rate (hr): Project Director: Deb Guenther $ 210 Project Manager/Landscape Architect: Jason King $ 170 Landscape Architect: Dakota Keene $ 170 Landscape Design/Graphics: Kasia Keeley $ 95 Mithun Consultants:  Herrera Environmental Consultants – Environmental, Stormwater, Civil  John Langer Consulting – Cost Estimating  Studio Matthews – Outreach, Branding  NW Vernacular – Cultural Resources Assumptions:  Owner to provide base information and documentation in digital format for use in preparation of maps and diagrams  Input and deliverables provided to Mithun in a timely manner and according to the project schedule.  Preliminary cost information will be supplied to John Langer for integration into formal cost projects.  Unless specifically required or requested, Mithun will rely on the use of electronic documents and communications, including the documents produced at the end this project and not provide printed reports.  Mithun will use Newforma for file organization and transmittal to Owner and team members Project Scope and Fee Summary Mill Creek Canyon Park Master Plan (revised) 1726900 01.09.18 Page 6 of 6 FEE SUMMARY: Task A: Inventory & Assessment $17,365 Task B: Analysis $18,055 Task C: Alternatives Development $32,110 Task D: Final Master Plan $40,080 Task E: Public Outreach  $27,400 Task F: Exhibits for Meetings/Website  $14,416 Proposed Fee: $149,426 Mithun’s administrative markup is 1.1 times Consultant charge (included in above). Reimbursable expenses, such as courier services, mileage, travel expenses, reprographic services, photography, long distance communications, and jurisdictional authority fees, are included in this proposal. Optional Additional Services (not included above)  Professional renderings;  Physical models;  Design and fabrication of site specific installations/pop-up kiosks  Additional planning design studies, beyond the ones described above;  LEED, SITES or other sustainable rating tool documentation or assessment;  Water budget assessments;  Life Cycle Assessments;  Extensive field measurements, delineation and production of as-built documentation;  Meetings, presentations, and neighborhood outreach beyond those meetings included above. Agenda Item: Consent Calendar – 8F_ TO: City Council DATE: February 6, 2018 SUBJECT: Consultant Services Agreement with Berger Partnership for the Springwood Park Master Plan – Authorize SUMMARY: Springwood Park, located in the southeast section of Kent, is a park in serious need of renovation. It has seen many of its park amenities removed due to age and vandalism. It lies in a neighborhood that would strongly benefit from a vibrant, updated community park; and the renovation of this park has been on a priority project list based on the work completed by the 2012 Kent Park Advisory Committee. For this master plan project, City staff will work with the consultant and the community to develop a master plan for renovating Springwood Park to meet the current needs of the area it will serve. EXHIBITS: Consultant Services Agreement RECOMMENDED BY: Parks and Human Services Committee YEA: Budell, Fincher Kaur NAY: BUDGET IMPACTS: This project is being paid out of the Parks Capital Budget. MOTION: Authorize the Mayor 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. This page intentionally left blank. CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and Berger Partnership PS THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Berger Partnership organized under the laws of the State of Washington, located and doing business at 1927 Post Alley, Ste. 2, Seattle, WA 98101 (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: As described in attached Exhibit A, incorporated herein, consultant shall provide master planning for the renovation of Springwood Park. Services will include inventory and analysis, conceptual design and public input, master plan development and adoption, and assistance with grant funding application to the Washington Recreation and Conservation Office (RCO). 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 June 30, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $89,090.00, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: CONSULTANT SERVICES AGREEMENT - 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, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Consultant refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Consultant’s part, then Consultant shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Consultant acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. 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: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Greg Brower Berger Partnership 1927 Post Alley, Ste. 2 Seattle, WA 98101 206-325-6877 (telephone) gregb@bergerpartnership.com (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Hope Gibson City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 253-856-5112 (telephone) (253) hgibson@kentwa.gov (facsimile) APPROVED AS TO FORM: Kent Law Department P:\Planning\West Fenwick Park\West Fenwick Park Renovation Phase 2\Berger CD's\WF Reno PhII Design-Berger-CONTRACT 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: _________________________________________ Landscape Architecture Urban Design Berger Partnership PS 1721 8th Ave N Seattle, WA 98109 206 325 6877 bergerpartnership.com 12.19.17 Hope Gibson Parks Planning and Development Manager Brian Levenhagen Senior Park Planner City of Kent Parks, Recreation & Community Services 220 Fourth Avenue South Kent, WA 98032 Proposal for Landscape Architectural Services – Springwood Park Master Plan Dear Hope and Brian: We were pleased to learn we have been selected to work with the community and city staff to prepare a master plan for Springwood Park. We look forward to working with you and the community to create a plan for this park that is meaningful and full of opportunities that will build community and allow people to take advantage of all this unique site has to offer. We propose to do this through community building exercise, a series of three open house meetings, on-line outreach, and on-site input opportunity. As requested, we have prepared a scope of work for the project for your review. The scope includes the services for the preparation of a park master plan. Master planning includes public involvement, design, establishing project costs, and preparation of a master plan report. We will also prepare exhibits for submittal to RCO for grant consideration. Inventory and Analysis Inventory and analysis include the following: • Prepare a project schedule. • Visit the site to review existing conditions and record features. • Meet to review the existing conditions, opportunities, constraints, and schedule. • Code research and project requirements including possible permits and approvals. • Prepare a site environmental reconnaissance. • Review existing storm water and site infrastructure. Prepare a summary report. • Develop ideas for an early community outreach kiosk. • Develop ideas for early community outreach such as an event in the park, or other community engagement strategy. • Work with city staff to develop a questionnaire and meeting notice—intended for use via the city website or posting on site. • Develop content for social media presence. • Prepare a site inventory/analysis plan and base plans. EXHIBIT A 12.19.17 Hope Gibson and Brian Levenhagen City of Kent Proposal for Landscape Architectural Services – Springwood Park Master Plan Page 2 of 5 • Provide project administration. Deliverables in this phase include: • Site notes regarding existing conditions, site features and photos capturing the same. • Project schedule with key milestones, meetings, and sequence of work. • Site understanding and requirements with regard to permitting and approvals for improvements. • Site map or base plan for use in preparing site diagrams and park plans. • Public input survey with questions designed to obtain public comment. • Community outreach display materials including meeting notice, a site map of existing conditions, aerial site image, and character photographs. Conceptual Design and Public Input This phase includes the following: • Collect and review input generated from early outreach efforts. • Develop conceptual diagrams based on initial input. • Prepare drawings and graphics for meeting and presentation purposes. • Meet to review the public open house strategy. • Review and record park kiosk comment cards • Prepare exhibits for the public open house and park kiosk. • Conduct public open house #1 – Vision and Ideas. • Meet to determine initial master plan alternatives based on public input. • Prepare up to three master plan alternatives for consideration. • Meet to review alternatives. Revise alternatives per input received. • Conduct public open house #2 – Master Plan Alternatives. • Meet to select preferred alternative and/or preferred features. • Prepare open house input summary and notes. • Provide project administration. Deliverables in this phase include: • Conceptual park diagrams for two or three options • Public open house exhibits including site map, concept plans, and character image boards. • Open house meeting summary, written notes, and comments. • Master plan alternatives including a primary idea and supporting/alternate ideas. EXHIBIT A (Continued) 12.19.17 Hope Gibson and Brian Levenhagen City of Kent Proposal for Landscape Architectural Services – Springwood Park Master Plan Page 3 of 5 Master Plan Development This phase includes the following: • Develop a master plan based on the preferred alternative and preferred features. • Meet to review progress and obtain input. • Conduct public open house #3 – Master Plan Presentation to present the master plan and obtain public input. • Address public input and finalize the master plan. • Prepare graphic documentation of the master plan. • Prepare exhibits for the park kiosk. • Prepare a draft of the master plan narrative. • Prepare an estimate of probable cost of construction. • Prepare a timeline/phasing plan for project implementation. • Prepare the master plan, narrative, and cost estimate. • Review and record park kiosk comment cards • Provide a draft of the master plan report for review. • Prepare non-project SEPA checklist, provide edits, and final checklist • Provide project administration. • Provide digital or hardcopies of the master plan report and supporting documents as preferred. Deliverables in this phase include: • Preferred park master plan with supporting character images and sketches. • Presentation graphics including the park master plan, site understanding, and character images. • Master plan report with park master plan, written narrative, cost estimate, images, and public input summary notes. Adoption of Master Plan The scope of work includes presentation of the Master Plan to the City Council with the desired outcome of formal adoption of the Master Plan. • Assist with Master Plan presentation to City Council. • Respond to questions and input, provide written responses. • Assist as needed to achieve formal adoption of the Master Plan. EXHIBIT A (Continued) 12.19.17 Hope Gibson and Brian Levenhagen City of Kent Proposal for Landscape Architectural Services – Springwood Park Master Plan Page 4 of 5 Deliverables in this phase include: • Master Plan Report presentation via PowerPoint. • Written comment responses to input from Council. RCO Grant Application We will work with city staff and the Park Board to prepare documents for grant submittal with RCO. • Consult with RCO grants manager. • Prepare exhibits and documents for grant submittal including plan graphics, sketches, written narratives, and cost estimates. • Assist with grant submission. Deliverables in this phase include: • RCO Grant application. • Grant exhibits including plan graphics, written narrative, cost estimate, timeline and phasing. Assumptions • Site information in the form of a topographic survey or as-built drawings will be provided for base drawing preparation. • The number of public meeting attendees is unknown. We will provide two staff members to facilitate at public meetings. If more facilitation is required, we will work with you on a solution. • City to implement social media outreach. • City will provide SEPA administration • Translation of project deliverables will be provided by others. • Meetings in addition to those indicated will be billed on an hourly basis. • RCO grant application is limited to one or two grant sources. Fees Based on the scope of services identified at this time, we have established a fee for landscape architectural services as follows: Inventory and Analysis $14,000.00 Conceptual Design and Public Input $25,000.00 Master Plan Development $21,500.00 Adoption of the Master Plan $2,500.00 RCO Grant Application $3,500.00 Subtotal $66,500.00 EXHIBIT A (Continued) 12.19.17 Hope Gibson and Brian Levenhagen City of Kent Proposal for Landscape Architectural Services – Springwood Park Master Plan Page 5 of 5 Subconsultants Civil Engineer $5,500.00 Environmental Consultant $5,300.00 Geotechnical Engineer $9,790.00 Subtotal $20,590.00 Reimbursable Expenses $2,000.00 Total $89,090.00 Fees will be billed monthly based upon the percentage of work completed. Services beyond those noted in this proposal will be billed as additional services on an hourly basis as follows, or lump sum fees can be negotiated: Principal $195.00 per hour Associate $155.00 per hour Project Manager $125.00 per hour Landscape Architectural Staff $100.00 per hour Administrative Staff $80.00 per hour Printing, reprographic expenses, CAD plots, travel costs, and other reimbursable expenses will be billed at cost plus a 10% administrative mark-up and are included in the proposed fee. All accounts are due in ten days. Invoices not paid within 30 days of invoice date will be subject to late charges of 1% per month. If payment for services is not received within 90 days of the invoice date, all subsequent services and/or issuance of documents may be postponed until receipt of payment, unless special arrangements are made prior to providing the services. If you have questions, would like more information, or wish to make any modifications, please do not hesitate to contact us. We are looking forward to working with you on the master plan for Springwood Park. Sincerely, Berger Partnership PS Greg Brower, PLA Principal EXHIBIT A (Continued) EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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 City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant 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 insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’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 Consultant’s insurance and shall not contribute with it. 2. The Consultant’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 Consultant 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 Consultant’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 Consultant 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 Consultant 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 Consultant. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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 City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession. B. Minimum Amounts of Insurance Consultant 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 insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Consultant’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 Consultant’s insurance and shall not contribute with it. 2. The Consultant’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 Consultant 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 Consultant’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 Consultant 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 Consultant 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 Consultant. This page intentionally left blank. Agenda Item: Consent Calendar – 8G_ TO: City Council DATE: February 6, 2018 SUBJECT: 2017 Fourth Quarter Fee-in-Lieu Funds – Authorize SUMMARY: Between October and December 2017, the city of Kent received a total of $39,450.00 from the following developers, who voluntarily paid a fee in lieu of dedicating park land to mitigate the development of homes in local subdivision: • Schneider Family Homes: 27 lot subdivision in the 12800 block of SE 256th Street; $26,925 at Wilson Playfields • AAA Contractors: 9 lot subdivision in the 27500 block of 148th Avenue SE; $12,525 at Service Club Ballfields These funds will be held in a reserve account for capital improvements at Wilson Playfields and Service Club Ballfields, and must be expended within five years. EXHIBITS: Revenue Report RECOMMENDED BY: Parks and Human Services Committee YEA: Budell, Fincher Kaur NAY: BUDGET IMPACTS: These funds will be allocated to the Parks Capital Budget MOTION. Authorize the Mayor 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. This page intentionally left blank. R55GA014 1/2/2018 11:57:13Search GL by Account Number Page: 112/31/201710/1/2017 -GL Dates: Amount PO# Ref 2 PC R/V RecLT Description Vendor or CustomerSubledgerBatch # Doc #GL Date Acount Number 17864211/21/2017 P417710 P20006.56730 (26,925.00)17-86487 843981 Schneider, Harry / SchnJK AA 17879612/1/2017 P418825 P20006.56730 (12,525.00)17-86613 845347 Aaa ContractorsJK AA (39,450.00)Account Total (39,450.00)Report Total This page intentionally left blank. Agenda Item: Consent Calendar – 8H_ TO: City Council DATE: February 6, 2018 SUBJECT: Amendment to Chapter 2.60, Parks and Recreation Commission - Ordinance – Adopt SUMMARY: At the request of the Parks and Recreation Commission, and to add clarity and structure to processes and expectations of the Commission, Commission members and the Parks Director created a set of new working bylaws and made revisions to Kent City Code, Chapter 2.60. Both the newly-created bylaws and modifications to Kent City Code, Chapter 2.60 have been reviewed by the legal department and Mayor Ralph. While the draft bylaws are submitted for your review to add context, they do not require council approval, but are subject to any boundaries placed upon the Commission by the Council through Kent City Code, Chapter 2.60. EXHIBITS: Ordinance, City of Kent Parks and Recreation Commission Draft Bylaws RECOMMENDED BY: Parks and Human Services Committee YEA: Budell, Fincher Kaur NAY: BUDGET IMPACTS: None MOTION. Adopt Ordinance No. ______, 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. This page intentionally left blank. 1 Amend Chapter 2.60, KCC - Re: Parks and Recreation Commission ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 2.60 of the Kent City Code regarding the Parks and Recreation Commission to provide additional opportunities through which the Parks and Recreation Commission may assist the City in its provision of parks and recreation services. RECITALS A. The City of Kent Parks and Recreation Commission was established in July of 2014, through the adoption of Ordinance No. 4117, to help guide and assist the City as the City works to establish and prioritize its parks and recreation services. B. Having served in an advisory capacity for a couple of years, the Parks and Recreation Commission has discussed with Parks staff other areas in which it believes it could assist the City, and Parks staff agrees that there are additional opportunities available where the Parks and Recreation Commission could provide assistance. Because the Parks and Recreation Commission obtains only those powers granted to it by Council, an ordinance is necessary to effectuate any change to the Commission’s powers or authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Amend Chapter 2.60, KCC - Re: Parks and Recreation Commission ORDINANCE SECTION 1. - Amendment. Chapter 2.60 of the Kent City Code, entitled “Parks and Recreation Commission,” is amended as follows: CHAPTER 2.60 PARKS AND RECREATION COMMISSION Sec. 2.60.010. Parks and recreation commission created. The city of Kent parks and recreation commission is hereby created. The parks and recreation commission shall serve in an advisory capacity to the mayor, city council, city administrator, and city staff. Sec. 2.60.020. Membership, terms, residence requirements. A. Number of members. The parks and recreation commission shall consist of sixteen (16) appointed members, each of whom shall be appointed by the mayor and confirmed by the city council. B. Terms of office. The term of office for commissioners shall be for three (3) years, except for the initial terms as provided below. , and cCommissioners may only serve up to two (2) consecutive terms, except for those commissioners appointed to an inaugural term that is less than three (3) years in length. If, however, a commissioner was appointed to an inaugural term that was less than three (3) years in length, then that commissioner shall be permitted to serve two (2) consecutive three (3) year terms after the inaugural term expires. The term of office of the first six (6) commissioners appointed and confirmed shall expire December 31, 2015; the term of the second six (6) commissioners appointed and confirmed shall expire December 31, 2016; the term of office of the final four (4) commissioners appointed and confirmed shall expire December 31, 2017. When a vacancy occurs on the parks and recreation commission, appointment for that position shall be for three (3) years, or for the remainder of the unexpired term, whichever is the shorter period of time. 3 Amend Chapter 2.60, KCC - Re: Parks and Recreation Commission C. Residence requirements. At least ten (10) persons appointed to serve on the parks and recreation commission shall reside within the corporate limits of the city. To the extent practicable, appointment shall reflect a balance and diversity of users of and interests in Kent’s parks and recreation services, and shall include not more than two (2) youth representatives of high school age who live within the city’s municipal boundaries. D. Removal. The mayor may remove Mmembers from of the parks and recreation commission shall be removed in the following instances: 1. A commissioner resigns from the commission; or 2. A commissioner is for unexcused absentce from more than three two (32) consecutive regular meetings; or 3. A commissioner is absent four (4) times within any twelve (12) month period; or 4. , or may be removed by a majority vote of the entire parks and recreation commission for neglect of duty, conflict of interest, malfeasance in office, or other just cause. Upon the joint recommendation of the commission’s chair and the parks and recreation director. Any The decision to remove a commissioner of the parks and recreation commission shall be final, and there shall be no appeal. Sec. 2.60.030. Organization and meetings. A. Election of officers. The parks and recreation commission shall elect from among its members a chair, who shall preside at all meetings, and a vice chair, who shall preside in the absence of the chair. The chair and vice chair shall be elected annually. A majority of the parks and recreation commission members shall constitute a quorum for the transaction of business, and a majority of the votes cast of those present shall be necessary to carry any motion. 4 Amend Chapter 2.60, KCC - Re: Parks and Recreation Commission B. Rules and regulations. The parks and recreation commission mayshall adopt bylaws, rules, and regulations as necessary for the conduct of its business. C. Meeting schedule. The parks and recreation commission shall provide a regular meeting schedule, including time, place, and frequency of meetings as necessary, but no less frequent than once a month. The parks and recreation commission may, from time to time, provide for special meetings in accordance with Chapter 42.30 RCW. Although not required for an advisory committee, Aall meetings of the commission will shall be open to the public, in accordance with Chapter 42.30 RCW, the Open Public Meetings Act. D. Staffing. The Mayor will appoint appropriate staff to assist the parks and recreation commission in the preparation of any reports and records as are necessary for the proper operation of the commission. Staff provided to the parks and recreation commission shall be advisory. E. Documentation. The parks and recreation commission shall adopt procedures to ensure minutes of the meeting are recorded and a monthly summary of minutes of meetings is recorded along with all decisions. Sec. 2.60.040. Duties and responsibilities. The parks and recreation commission is advisory in nature and shall make reports and recommendations be an advisory board to the mayor, city council, and city staff concerning parks and recreation issues, includingresponsible for providing guidance concerning the following matters: A. Ways to advocate public support, involvement, and funding of Kent parks, facilities, and programs; B. Opportunities to engage the public in decisions affecting Kent parks, facilities, and programs; 5 Amend Chapter 2.60, KCC - Re: Parks and Recreation Commission C. Budget recommendations for the acquisition, development, and operation of parks, facilities, and programs; D. Policy recommendations; E. Comprehensive parks and trails planning;. FB. Priorities for the acquisition of land and/or facilities;. GC. Development, design, and operation of parks, facilities, and recreation programsming and facilities;. HD. Capital improvements planning;. IE. Rules, Rregulations, and or other restrictions applicable to parks, facilities, and programs;governing the hours of park and facilities use. JF. Concessions at park facilities;. KG. Contracts, interlocal agreements, and lease agreements regarding parks and recreation activities. H. Proposed annual budget for the acquisition, development, and operation of parks and recreation facilities and programs. LI. Other All matters that the mayor, city council, or parks director may be referred to the parks and recreation commission by the mayor or city council for its consideration and recommendation. Parks and recreation commission members are encouraged to play an active role in engaging the Kent community to support key park and recreation projects through public outreach efforts. SECTION 2. – Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. – Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the 6 Amend Chapter 2.60, KCC - Re: Parks and Recreation Commission correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4. – Effective Date. This ordinance shall take effect and be in force thirty days from and after its passage as provided by law. DANA RALPH, MAYOR Date Approved ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted Date Published APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 1 of 9 (01/12/18) BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION ARTICLE I Organization Section 1.1. Organizational Name. The name of the Commission is the City of Kent Parks and Recreation Commission (“Commission”). As provided for in section 2.60.020 of the Kent City Code (“KCC”), the Commission consists of sixteen (16) members, who are appointed by the Mayor and confirmed by the City Council (“Commissioners”). Section 1.2. Commission’s Duties and Responsibilities. The Commission shall have those duties and responsibilities as provided for in KCC 2.60.040, as currently enacted or later amended. As of the date these bylaws are enacted, KCC 2.60.040 provides: Sec. 2.60.040. Duties and responsibilities. The parks and recreation commission is advisory in nature and shall make reports and recommendations to the mayor, city council, and city staff concerning parks and recreation issues, including: A. Ways to advocate public support, involvement, and funding of Kent parks, facilities, and programs; B. Opportunities to engage the public in decisions affecting Kent parks, facilities, and programs; C. Budget recommendations for the acquisition, development, and operation of parks, facilities, and programs; D. Policy recommendations; E. Comprehensive parks and trails planning; F. Priorities for the acquisition of land and/or facilities; G. Development, design, and operation of parks, facilities, and programs; H. Capital improvements planning; I. Rules, regulations, or other restrictions applicable to parks, facilities, and programs; J. Concessions at park facilities; K. Contracts, interlocal agreements, and lease agreements regarding parks and recreation activities. L. Other matters that the mayor, city council, or parks director may refer to the parks and recreation commission for its consideration and recommendation.   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 2 of 9 (01/12/18) Parks and recreation commission members are encouraged to play an active role in engaging the Kent community to support key park and recreation projects through public outreach efforts. Section 1.3. Term of Commissioners. Each Commissioner shall serve a three (3) year term, except for the initial Commissioners who were appointed to inaugural terms as provided for by KCC 2.60.020(B). Each Commissioner is limited to two (2) consecutive three (3) year terms. If, however, a Commissioner was appointed to an inaugural term that was less than three (3) years in length, then that Commissioner shall be permitted to serve two (2) consecutive three (3) year terms after the inaugural term expires. Commissioners seeking reappointment to a subsequent term shall signify their intent in writing to the Secretary three (3) months prior to their current terms’ expiration. ARTICLE II Meetings Section 2.1. Place of Meetings. All meetings of the Commission shall be held in the City of Kent, Centennial Building, 4th Floor, Room 402 at 6:00 PM, located at 220 Fourth Avenue South, in the City of Kent, Washington, unless otherwise designated by a majority of the Commission or the Chair and set forth in the notice of the meeting. Section 2.2. Meetings. 2.2.1 Regular Meetings. The Commission shall regularly meet, at least once per month, on the fourth Tuesday of each month, at 6:00 p.m., in the meeting location designated in accordance with Section 2.1. All meetings of the Commission, although not statutorily required, will be conducted in accordance with the Open Public Meetings Act, Ch. 42.30 RCW. Subject to appropriate notice, the Chair, by written or verbal order, may establish or amend the date or time for regular meetings of the Commission. 2.2.2 Special Meetings. Special meetings of the Commission may be called at any time by the Chair or a majority of the Commission, subject to the notice and special meeting requirements of Ch. 42.30 RCW. 2.2.3 Annual Meeting for Election of Officers. The Commission’s officers shall be elected annually from amongst its members at its monthly meeting in March. The election shall be conducted as provided for in Section 3.2. Section 2.3. Notice of Meetings. Notice of the Commission’s meetings shall be given by the Secretary as required by the Open Public Meetings Act, Ch. 42.30 RCW. Section 2.4. Agendas. The Commission’s agenda shall be set by the Chair, in coordination with the Vice-Chair and Secretary. A copy of the agenda for all Commission meetings shall be sent by the Secretary to each Commissioner at least five (5) days prior to the date of the next meeting, accompanied with any necessary staff reports. Unless altered by the Chair, or by a majority of the Commissioners present at any Commission meeting, the order of business of all meetings of the Commission shall be as follows:   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 3 of 9 (01/12/18) 1. Call to order; 2. Roll call; 3. Changes to the agenda; 4. Adoption of minutes from prior meeting(s); 5. Business; 6. Informational Items; and 6. Adjournment. A Commissioner may ask that an item be considered by the Commission, even if it is not identified on a formal agenda, by raising the issue during the changes to the agenda. The item shall then be considered, with the approval of the Commission. Section 2.5. Quorum. The number of Commissioners required to be present at any meeting to transact the Commission’s business is nine (9), or if the number of Commissioners serving on the Commission is less than nine (9), then a majority of the then current membership shall constitute a quorum for the purpose of transacting the Commission’s business. If there is no quorum at the opening of a meeting, the Chair can re-arrange the agenda to allow voting items to occur later in the meeting, allowing additional members to arrive, if late, or such meeting may be adjourned, recessed, or measures taken to obtain a quorum, by a vote of a majority of the members voting on the motion. Section 2.6. Presiding Officer. The Chair shall be the presiding officer for all meetings of the Commission. If the Chair is not present, the Vice-Chair shall be the presiding officer. In the absence of both the Chair and Vice-Chair, the Chair Pro Tempore shall be the presiding officer. The presiding officer shall retain all powers and rights inherent to a Commissioner, including without limitation, voting powers. Section 2.7. Commissioner Conduct. While the Commission is in session, all its members must preserve order, decency, and decorum at all times and no Commissioner shall, by conversation or otherwise, delay or interrupt the proceedings or the peace of the meeting, nor disturb any Commissioner while speaking, or refuse to obey the order of the Chair. The Commissioners may reprimand any other Commissioner for disorderly conduct and, upon written charges entered upon by motion, may expel a member from the Commission meeting by a vote of a majority plus one of the membership of the Commission in attendance at that meeting. In addition, the following shall control Commissioner’s conduct during any meeting of the Commission or any of its subcommittees: 2.7.1 The Chair will call the meeting to order and manage the meeting agenda and time to allow for appropriate discussion and action, where appropriate. 2.7.2 Commissioners are to keep the meeting organized by speaking only when recognized by the Chair and granted the floor. To seek recognition, Commissioners are to raise their hands and wait to be addressed by the Chair. In lieu of hand raising, voting/name cards may be used to indicate votes or requests to speak. 2.7.3 Commissioners are to refrain from interrupting another person who has the floor or from having any sidebar conversation.   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 4 of 9 (01/12/18) 2.7.4 Commissioners are to treat others with respect, courtesy, and in a fair and unbiased manner. Commissioners shall refrain from any conduct or speech that is abusive, bullying, discriminatory, or derogatory. 2.7.5 Commissioners should be open and honest about their actions and decisions, and be respectful of others whose opinions may differ. Repeated violations may result in the Commissioner’s removal from the Commission in accordance with Section 3.3 and KCC 2.60.020(D). Section 2.8. Public Comment. While the public may attend Commission meetings, the meetings are those of the Commission itself and the public has no general right to address the Commission. Commission meetings are not an open public forum, and they are subject to restrictions imposed by the Chair, these bylaws, and the law. The Chair has the discretion to authorize the public to address the Commission, if the Chair so desires. If permission is granted, and prior to addressing the Commission, each speaker shall sign in and state his or her name and address for the record. Remarks will be limited to the time allocated by the Chair for each speaker, usually three (3) minutes per speaker. All remarks shall be pertinent to matters considered by the Commission, and speakers shall address the Chair and the Commission as a whole and not any member individually. Section 2.9. Public Demeanor. No one shall use any impertinent, degrading, or slanderous language directed to the Chair, Commissioners, 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 Commission meetings. Section 2.10. Voting. Discussion by the Commission shall relate to the subject matter at hand and shall be relevant and pertinent. When action of the Commission is required, the Chair will request a motion for a vote. Each Commissioner shall be entitled to one vote, including the Chair or other presiding officer. Motions shall be made, seconded, and voted upon. The Chair is authorized to establish all reasonable and necessary procedures to permit the casting of votes by Commissioners. Every Commissioner, unless disqualified by reason of a conflict of interest or as otherwise provided by law or excluded by the Commission, shall cast his or her vote upon any matter put to vote by the Commission. Unless otherwise directed by the Chair, all votes shall be by voice or a show of hands. No votes shall be made by proxy. Any Commissioner who abstains from voting, or who otherwise remains silent during a vote or enters a blank ballot, will be deemed to have not have casted a vote on that item. As provided for in Section 2.12, an abstention will not count as a vote, either in favor of, or in opposition to, any motion. Action by the Commission requires only the affirmative vote of a majority of the votes cast, except where otherwise required by these bylaws or law. Action of the Commission may be shared with the City Council, the Mayor, the Director of Parks, Recreation, and Community Services, or the Mayor’s Leadership Team. At the request of the Chair or of any Commissioner, any   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 5 of 9 (01/12/18) question shall be noted upon by a roll call and the individual voting results shall be recorded by the Secretary in the minutes. Where applicable, on sensitive issues, a confidential, written vote may occur. If this option is used, it will be determined in advance by the Commission Chair. All written votes will be submitted, read out load, and tallied. Section 2.11. Conflict of Interest. A conflict of interest arises when a Commissioner has a direct personal or pecuniary interest in the Commission’s action on a matter, which interest is not common to other members of the Commission. If a Commissioner determines he or he has a conflict of interest, that Commissioner may state the nature of the conflict and abstain from the discussion and vote on the matter. A conflict of interest, however, shall not preclude a Commissioner from remaining present during the discussion. Section 2.12. Abstention. An abstention is a decision by a Commissioner not to vote on a particular matter and it shall not affect the quorum of the Commission or count as any vote in favor of, or in opposition to, any matter. An abstention is not a vote and is not counted as a vote. ARTICLE III Officers Section 3.1. Officers of the Commission. The officers of the Commission are a Chair, a Vice-Chair, and a Secretary, who shall have the powers and duties as set forth in these bylaws and as may be delegated to such officer by the Commissioners. The Commission shall elect, from amongst its members, a Chair and Vice-Chair. The youth Commissioners are not eligible for officer roles. The Secretary of the Commission shall be the staff member assigned by the Mayor to assist the Commission. Each officer shall hold office for a one year term, or until the expiration of the officer’s term as a Commissioner, which ever time period is shorter. No officer may serve in any office position for more than two consecutive one year terms. Section 3.2. Nomination and Election of Officers. 3.2.1 All calls for officer nominations to the positions of Chair and Vice- Chair, including self-nominations, must be made orally at the annual meeting provided for under Section 2.2.3. 3.2.2 With the exception of the youth Commissioners, any Commissioner who has served one-year on the Commission is eligible for nomination. 3.2.3 A nomination is valid only if the nominated Commissioner affirmatively declares at the annual meeting that he or she is willing to assume office, if elected. 3.2.4 Prior to the election, any nominated Commissioner may make a statement to the Commission concerning the Commissioner’s qualifications for office. Such statement shall be limited to no more than five (5) minutes in length, and the presentation order of each Commissioner’s statement shall be determined by the presiding officer.   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 6 of 9 (01/12/18) 3.2.5 Votes for office shall be cast by ballot, with each officer position being determined by a majority vote. The Secretary shall tally the ballots. Any blank ballot or a ballot identifying a person other than a nominated Commissioner will be treated as an abstention. 3.2.6 In the event no candidate receives a majority vote, another vote shall be taken with only the two candidates who received the highest number of votes eligible for election. If a tie results, the vote will be retaken. If a tie persists after two (2) votes, the Secretary shall resolve the tie by a coin toss. Section 3.3. Removal and Resignation. 3.3.1 Removal from Office. The Chair or Vice Chair may be removed from an officer position, with or without cause, by a majority vote of the Commission. Either the Chair or Vice Chair may resign at any time by communicating such officer’s resignation to the Commission. A resignation is effective when it is communicated, unless it specifies in writing a later effective date. If a resignation is made effective at a later date and the Commission accepts the future effective date, the Commission may fill the pending vacancy before the effective date if the Commission provides that the successor does not take office until the effective date. 3.3.2 Removal from Commission. In accordance with KCC 2.60.020(D), the Mayor may remove a Commissioner in any of the following instances: 3.3.2.1 A Commissioner resigns from the Commission; or 3.3.2.2 A Commissioner is absent from more than two (2) consecutive regular meetings; or 3.3.2.3 A Commissioner is absent four (4) times within any twelve (12) month period; or 3.3.2.4 Upon the joint recommendation of the Chair and the Director of the Parks, Recreation, and Community Services Department. Any decision by the Mayor to remove a Commissioner is final and no appeal may be taken. Section 3.4. Vacancy. Should a vacancy occur in either the Chair or Vice-Chair position, the vacancy shall be filled by a majority vote of the remaining Commissioners, even if less than a quorum remains, or by the sole remaining Commissioner. An officer elected to fill a vacancy shall serve the unexpired term of the former officer and until the next annual officer election. Section 3.5. Officer Powers and Duties. The duties of each officer are as follows: 3.5.1 Chair. The Chair shall perform the following duties:   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 7 of 9 (01/12/18) 3.5.1.1 Set the Commission’s agenda, in coordination with the Vice- Chair and Secretary; 3.5.1.2 Preside over all meetings of the Commission, preserve order and decorum, decide all questions of order and conduct the meeting’s proceedings using the rules contained in Robert’s Rules of Order where applicable, with the Chair having the ultimate decision of how the meeting will be conducted; 3.5.1.3 Call special meetings and cancel regular meetings for cause, including lack of a quorum; 3.5.1.4 Act as the Commission’s liaison with the Council, the Mayor, and the Department of Parks, Recreation, and Community Services on policy issues; 3.5.1.5 Nominate or appoint Commissioners to any subcommittees the Commission may form; 3.5.1.6 Serve as a Commission focal point for Council, Mayor, and staff and as principal spokesperson for the Commission; 3.5.1.7 Oversee the distribution of the Commission’s agenda and materials during the monthly Commission meetings; 3.5.1.8 Make any necessary public appearances on behalf of the Commission at meetings of the City Council, Mayor, and any other bodies requiring representation of the Commission; and 3.5.1.9 Facilitate the annual officer election process. 3.5.2 Vice-Chair. The Vice-Chair shall perform the following duties: 3.5.2.1 Act as Chair and assume the authority to perform the Chair’s duties whenever there is a vacancy in the office of the Chair, the Chair is absent from the Commission, or the Chair is unable for any reason to discharge the Chair’s duties. 3.5.2.2 Assist the Chair as requested; 3.5.2.3 Attend, participate, and assist the Chair in monthly agenda planning sessions; 3.5.2.4 Assume the office of Chair and serve the remainder of any unexpired term if the Chair vacates office prior to completing his or her term, and in that event, facilitate the election process at the Commission’s next regular meeting of a new Vice Chair to similarly assume office for the remainder of any unexpired term.   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 8 of 9 (01/12/18) 3.5.3 Chair Pro Tempore. The Chair may appoint a Chair Pro Tempore when both the Chair and Vice-Chair are absent. While the Chair and Vice-Chair are absent, the Chair Pro Tempore shall have the same authority and duties as the Chair. If the Chair Pro Tempore has not been appointed or is otherwise absent or unavailable, the longest serving Commissioner, either by consecutive or non-consecutive terms, shall be deemed the acting Chair Pro Tempore. If two or more Commissioners qualify to be acting Chair Pro Tempore, then the Secretary shall select, by lottery and in the presence of two witnesses, one name from the names of the group of eligible Commissioners, and the Commissioner whose name is selected to serve as the acting Chair Pro Tempore. 3.5.4 Secretary. The Secretary of the Commission will be the staff member appointed by the Mayor or the Director of Parks, Recreation, and Community Services to assist the Commission. The Secretary is not a Commissioner and shall have no voting rights. The Secretary shall perform the following duties: 3.5.4.1 Attend all Commission meetings and keep the Commission’s minutes, including those of any meetings of any subcommittees the Commission may form, which minutes will be reviewed and adopted by the Commission at a subsequent meeting; 3.5.4.2 Reproduce, distribute, and file with the City Clerk’s Office for the city of Kent a copy of all minutes of Commission meetings; 3.5.4.3 See that all notices of Commission meetings are given as required by the Open Public Meetings Act, Ch. 42.30 RCW, and these bylaws; 3.5.4.4 Serve as custodian of the Commission’s records and responsible for retaining those records as required by state retention schedules and producing those records as required under the state Public Records Act, Ch. 42.56 RCW; 3.5.4.5 Maintain a list of the names, addresses, and contact information for each Commissioner; 3.5.4.6 Perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the Chair or Vice-Chair. ARTICLE IV General Provisions 4.1 Amendment of Bylaws. These bylaws may be amended or repealed and new bylaws may be adopted only by the affirmative vote of a majority, plus one, of the Commissioners. Such action shall be taken at any regular or special meeting of the Commission.   BYLAWS OF THE CITY OF KENT PARKS AND RECREATION COMMISSION Page 9 of 9 (01/12/18) The undersigned Secretary of the City of Kent Parks and Recreation Commission certifies by signing below that the foregoing bylaws have been duly adopted by the members of the Commission on the date noted below. CITY OF KENT PARKS AND RECREATION COMMISSION Adopted this _____ day of ________, 2018 ___________________________________ Secretary (Print Name__________________________) P:\Civil\Files\Open Files\1855-Parks Commission\Park and Rec Commission Bylaws Amendment-FINAL-2018_Amendments.docx This page intentionally left blank. Agenda Item: Consent Calendar – 8I_ TO: City Council DATE: February 6, 2018 SUBJECT: 2017 Large Storm Pipe, Culvert and Channel Cleaning Project – West Meeker Street to South 240th Street – Accept as Complete SUMMARY: This project consisted of the removal of sediment, refuse, and vegetation from large drain pipes, culverts, and channels along West Meeker Street and between West Meeker Street and South 240th Street. Work also included the removal and disposal of up to 2,740 tons of saturated sediment, refuse, and vegetation. The final contract amount came in at $897,161.17 which was $64,488.31 under budget. The original contract amount was $961,649.48. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Storm Drainage Utility Funds were used for this project. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 8J_ TO: City Council DATE: February 6, 2018 SUBJECT: 2017 Large Culvert and Channel Cleaning Project – 64th Avenue South – Accept as Complete SUMMARY: This project consisted of the removal of sediment, refuse, and vegetation from large culverts and open channels along 64th Avenue South between South 240th Street and South 228th Street. Work also included the removal and disposal of 3,900 tons of saturated sediment, refuse, and vegetation. The final contract amount came in at $894,011.44 which was $941,270.36 under budget. The original contract amount was $1,835,281.80. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Storm Drainage Utility Funds were used for this project. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 8K_ TO: City Council DATE: February 6, 2018 SUBJECT: Lake Meridian Estates Storm Drainage Repair Project – Accept as Complete SUMMARY: This project consisted of installing approximately 220 linear feet of storm drain pipe appurtenances, removal of existing storm drain, and surface restoration. 60 feet of storm drain pipe was removed and replaced immediately adjacent to Lake Meridian. The project was constructed within the Lake Meridian Estates mobile home community, located immediately north of Lake Meridian and 25739 135th Avenue SE. The final contract amount came in at $200,253.70 which was $106,976.30 under budget. The original contract amount was $307,230. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: This project was funded through previously budgeted stormwater utility funds. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 8L_ TO: City Council DATE: February 6, 2018 SUBJECT: 2017 Plastic Markings Project – Accept as Complete SUMMARY: This project consisted of the installation of permanent signage at 76th Avenue South; installing new and refreshing existing plastic pavement markings, including stop lines, crosswalks, traffic arrows, and traffic letters on various city of Kent streets. The final contract amount came in at $146,659.90 which was $26,035.10 under budget. The original contract amount was $172,695.00. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Business and Occupation Tax funds were allocated for this project. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 8M_ TO: City Council DATE: February 6, 2018 SUBJECT: Lake Meridian Dock Replacement Project – Accept as Complete SUMMARY: The Lake Meridian dock is one of the City’s most popular recreational amenities. Despite its popularity, in 2017, it was nearing the end of its useful life and in need of replacement. In January 2017, the Parks Department contracted with Neptune Marine to remove the old dock and replace it with a new, modern floating dock. The final contract amount including all change orders and tax was $856,255.43. EXHIBITS: Lake Meridian Dock Acceptance of Work Letter RECOMMENDED BY: Parks, Recreation and Community Services Director BUDGET IMPACTS: Lake Meridian Dock budget MOTION: Authorize the Mayor 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. This page intentionally left blank. KENT PARKS, RECREATTON & COMMUNTTY SERVICES Hope Gibson, RLA Parks Planning & Development Manager 22O 4rh Avenue South Kent, WA 98032 Fax: 253-856-6050WaSHINGToN PHONE: 253-856-5112 November 7, 2OL7 Travis Crabb Neptune Marine 1004 Commercial Ave, Ste 250 Anacortes, WA 98223 RE: Lake Meridian Park Floating Dock Replacement Dear Travis: I have made a final inspection of the Lake Meridian Floating Dock and found that the project is completed to my satisfaction. This letter constitutes my acceptance, as the Project Manager, of this public works project. If you have any questions, please call or email. Thank you. Regards, /hf Hope Gibson City of Kent Parks Planning & Development Manager ool < =Pcq)vj 3 3 O Mnyon Suzerre Cooxr City of Kent Parks, Recreation & Community Services Julie Parascondola, CPRP, Director This page intentionally left blank. Agenda Item: Consent Calendar – 8N_ TO: City Council DATE: February 6, 2018 SUBJECT: 2017 Crack Sealing – Accept as Complete SUMMARY: This project consisted of installing approximately 16 tons of rubberized asphalt for crack sealing asphalt roadway sections on various City streets. The final contract amount came in at $144,936.55 which was $17,811.55 over budget. The original contract amount was $127,125.00. EXHIBITS: None RECOMMENDED BY: Public Works Director BUDGET IMPACTS: Business and Occupation Tax funds were used for this project. MOTION: Authorize the Mayor 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. This page intentionally left blank. Agenda Item: Consent Calendar – 8O_ TO: City Council DATE: February 6, 2018 SUBJECT: Amendment to the 2018-2023 Six-Year Transportation Improvement Program – Set Public Hearing Date SUMMARY: This proposed amendment to the Six-Year Transportation Improvement Program (TIP) will add three projects to ensure eligibility for upcoming grant opportunities. State and most Federal grant programs typically require that projects/programs be listed in the most current TIP. Projects proposed for addition to the Six Year TIP are as follows. Veteran’s Drive - This project will connect Veteran’s Drive to WSDOT’s SR 509 Gateway Project by constructing a new roadway under I-5 from Military Rd to the I-5 Southbound off-ramp. The project will include the construction of full-width paving, concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. This project will improve the connection between the Sea- Tac International Airport, the Port of Seattle and the Kent Manufacturing/Industrial Center. Meet Me On Meeker (Driving Range) – This project will construct new sidewalk and multimodal pathway along City-owned driving range frontage on Meeker Street consistent with the Meet Me on Meeker Design Standards. The project will include construction of concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. Meet Me On Meeker (Apartments) – This project will replace existing narrow sidewalks with a multimodal pathway consistent with the Meet Me on Meeker Design Standards east of Russell Road. The project will include construction of concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. EXHIBITS: Project Sheets RECOMMENDED BY: Public Works Committee YEA: Fincher, Troutner, Higgins NAY: BUDGET IMPACTS: Each project or program within the TIP has a different budget impact as noted in the project narrative. MOTION: Set March 6, 2018, as the date for a public hearing for the Amendment to the 2018-2023 Six-Year Transportation Improvement Program. This page intentionally left blank. 2018-2023 CITY OF KENT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 1 PROJECT #26: Veteran’s Drive Extension Military Rd to I-5 Southbound Off-ramp YEAR: 2025 expected completion DESCRIPTION: Complete a missing link by constructing a new roadway from Military Rd to the I-5 Southbound off-ramp, including an intersection with the northbound on-ramp to I-5 and an undercrossing of I-5. The project will include the construction of full-width paving; concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering .... $2,765,000 Right of Way Acquisition .. $10,270,000 Construction ................. $38,585,000 TOTAL ........................ $51,620,000 Secured Funding ............. $45,374,000 FUNDING SOURCE(S): Connecting Washington Account (State), City of Kent, TIB Grant, Federal STP Grant PROJECT JUSTIFICATION: This project will improve the connection between the Sea-Tac International Airport, the Sea Port of Seattle and the Kent Manufacturing/Industrial Center. This project reduces traffic congestion on local roads and highways by completing a direct connection between Seattle and the Kent Valley. The project reduces traffic on SR516, improving operations of the interchange. 2018-2023 CITY OF KENT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 2 PROJECT #27: Meet Me on Meeker Connecting Segment 1: Driving Range Driving range from Colony Park apartment driveway to Russell Road YEAR: 2022 expected completion DESCRIPTION: Complete a missing link by constructing new sidewalk and multimodal pathway along city-owned driving range frontage. The project will include construction of concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering ....... $300,000 Right of Way Acquisition ................ $0 Construction .................. $1,000,000 TOTAL .......................... $1,300,000 Secured Funding ........................... $0 FUNDING SOURCE(S): City of Kent (Placemaking Fund, B&O) Puget Sound Regional Council grants (CMAQ/Non-Motorized Set Aside) PROJECT JUSTIFICATION: Private development on the former Par-3 property (“Marquee on Meeker”) will construct the Meet Me on Meeker promenade along approximately 1,200 feet of frontage. Private development at 64th and Meeker will construct the promenade along approximately 1,000 feet of property frontage, mandating connections between these two large segments. This project provides approximately 700 feet of promenade connection between Russell Road and the eastern edge of the Marquee project, and when combined with the apartment frontage project (“Segment 2”), will connect the two privately developed segments for a total promenade length of approximately 3,500 feet. This will improve safety and aesthetics along this important commercial corridor. 2018-2023 CITY OF KENT SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM 3 PROJECT #28: Meet Me on Meeker Connecting Segment 2: Apartments Russell Road to western edge of private development property YEAR: 2022 expected completion DESCRIPTION: Complete a missing link by constructing new sidewalk and multimodal pathway along private property but within the public ROW. The project will include construction of concrete curbs, gutters, sidewalks, street lighting, storm drainage, landscaping, utilities and appurtenances. PROJECT COST: Preliminary Engineering ....... $350,000 Right of Way Acquisition ................ $0 Construction .................. $1,150,000 TOTAL .......................... $1,500,000 Secured Funding ........................... $0 FUNDING SOURCE(S): City of Kent (Placemaking Fund, B&O) Puget Sound Regional Council grants (CMAQ/Non-Motorized Set Aside) PROJECT JUSTIFICATION: Private development at 64th and Meeker will construct the Meet Me on Meeker promenade along approximately 1,000 feet of property frontage. Private development on the former Par-3 property will construct the promenade along approximately 1,200 feet of frontage, mandating connections between these two large segments. This project provides approximately 700 feet of promenade connection between Russell Road and the western edge of the 64th and Meeker project, and when combined with the city-owned driving range frontage (“Segment 1”), will connect the two privately developed segments for a total promenade length of approximately 3,500 feet. This will improve safety and aesthetics along this important commercial corridor. This page intentionally left blank. Agenda Item: Consent Calendar – 8P_ TO: City Council DATE: February 6, 2018 SUBJECT: Paulson Plat/Morford Meadows Bill of Sale – Authorize SUMMARY: Morford Meadows is located at 25325 116th Avenue SE EXHIBITS: Bill of Sale RECOMMENDED BY: Public Works Director BUDGET IMPACTS: None MOTION: Authorize Council to accept 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 sewerline. • 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 sewerline. 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MAIL TO: CXTY OF KENT ENGINEERING DEPARTMENT ATTN: €4re .Sr+ ' rt.{ KENT 22A.4TH AVENUE SOUTH KENT, WASHINGTON 98032 rVo.h./ ,aaedaaAWASHtNBToN THIS INSTRUMENT made this 3A> So.,.nba-, u'r r(a*.t Project:P*.r,.ra PeoPez-r< Permlt tk€u- zt4 or;{ Location: Z€325 ttt dAtle Ss . y'<e*r Parcel #:ZoZZe,S1Z64 BILL OF SALE CITY OF KENT KrN6 COUNTY, WASHTNGTON day of ,tL*"n.u:;r 2Q t€ , by and between Lc<- "Grantors", and City of Kent, a municipal corporation of King County, State of Washington, hereinafter called "Grantee"; WITNESSETHI That the said Grantors for a valuable consideration does hereby grant, bargain, sell to Grantee the following descri bed improvements : A. $(ATEBSAIN$: Together with a total of . -3 gate valves at $ t/$o ,q.o ,each, -!- hydrants at $ cllo,oo each and,/or any other appurtenances thereto. , hereinafter called I9EN (street, easement, etc.)* z+?cu - FROM ?+3u,oo Including .1"-l llnear feet at $2,oo per LF of I t rea{ (size & type; D. f.. waterline B. SANI.TARY F.FW.FRS: Together with a lotal of 3 manholes at $ 3+oz.oo l,W,oa each and/or any other appurtenances thereto on{ (street, easement, etc.)* zSsa PL FROM D,(oo. oo !q l*lL. oo Includlng Bill of Sale 1of5 5go linear feet at $25.,n per LF of € 1Flq4 (size & type)NC sewerline C, NEW STREETS.: Together with curbs, gutters, sldewalks, and/or any other appurtenances gN FRoM (street, easement, etc.) TO Including llnear feet at $per LF of (size & type)(improvement), D. ERONTAGE IMPROVEIIIENTS: Together with lights, trees, landscaping (except resldential streets) and/or any other appurtenances 9N (street, easementf etc.) l|(pr{ av-e - Including tqc>llnear Feet at $2,,5a per LF of csaj!/s, (size & type)-/ ( srDE.*t drbn{ tI mprovement) E. STORM SEWERS: Together wlth a total of # *- manholes at $l,?oo,oo each or total of A catch basins at $89.oa each,O LF of bioflltration swale or dralnage ditch wlth a total cost of $o 4b.ooo cublc feet of detentlon pond storage wlth a total cost of g (Atooa 'cpc> ' and/or any other appurtenances thereto' FBOM 19 G+o-Z*s eN (street, ease-ment, etc.)*ug*w FROI',1 r)*6A -c.,cs I9 ?tzo,oc> Includlng llnear feet at $t€.ocs per LF ol lZ tl..rcu{ (size&type) PVC- -- - -sewerllne, To have and to hold the same to the said Grantee, its successors and asslgns forever' The undersigned hereby covenants that lt is the lawful owner of said property; and that the same is free from all encumbrancesj tnat all bllls for labor and materlals have been paid; that lt has the right to sell the same aforesaid; that it will warrant and defend the same against the lawful clalms and demand of all person(s). The Blll of Sale is glven on consideration of the agreement oF the Grantee for itself, its successors and assigns to incorporale said utilities in lts utlllty system and to malntain them as provided in the applicable Clty Ordinances, The Clty accepts the items subject to staff approval and completion of a 2 year malntenance perlod. Blll of Sale 2of5 IN *"1';7 wHEREOF,the undersigned Ai^^,,1- has caused this instrument to be executed on this ,20 I{day of IN WITNESS WHEREOF, the underslgned has caused this instrument to be executed on this day of - ,20 -. STATE OF WASHINGTON COUNTY OF KING ss) ) ) GIVEN under my hand and officlal seal this $: day of day of l*ltIl'., J , zo lS , before me, the zolq, "elOn this undersigned A Publlc and for the State of Washhgton, duly cornmissioned and sworn, personally appeared to me known to be the lndividual described in and who executed the foregoing instrument, and acknowledged to me that he/she slgned and sealed this instrument as his/her free and voluntary act and deed for the uses and purposes therein mentioned gl Irltl )t Wash IN residing at res: the State of 4971 My Bill of Sale 30f5 ,ilil1 STATE OF WASHINGTON COUNTY OF KING On this day of , 2O - , before me, the undersigned A Notary Publlc in and for the State of Washlngton, duly commissioned and sworn, person'ally appeared and to me to be the respectively of 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 rnentioned, and on oath stated that they are authorized to execute the said lnstrument, Witness my hand and official seal hereto affix the day and year flrst above written. Notary Public in and for the State of Waehington, residing at My Gommiselon Expires: The Bill of Sale is given and accepted pursuant to a motion duly made, seconded, and passed by the City ss ) ) ) and '"':"" :'"" :': ": *":' *':ir:::' :':hinston' on the Blll of Sale 4of5 of Agenda Item: Consent Calendar – 8Q_ TO: City Council DATE: February 6, 2018 SUBJECT: Budget Adjustment, Economic and Community Development Staffing – Authorize SUMMARY: The robust local economy has created an increase in building activity and a high demand for City review of construction projects. While productivity among our staff remains high, the demand has resulted in a growing backlog of work and strain on staff throughout the permit review and inspection process. In order to avoid falling further behind, additional staff resources are needed. One result of the increased activity is revenues significantly in excess of the City’s budget for the Economic and Community Development department. Revenue for 2017 was approximately $2.9 million over budget and the current economic forecast indicates the City will experience a similar level of activity into the next biennium. Three new hires would add to the department’s building plan review and inspection capacity. These positions would be term-limited, meaning that they will be hired to work full-time with benefits, but for a limited period of up to three years. Additionally, we are seeking overtime funding for existing permit review staff as well as contract permit review help in the Development Engineering section. Finally, to address permit volume-related support needs, we propose increasing a Planning Technician position that is currently a .75 FTE to 1.0 FTE. Because of the need to eliminate the existing backlog on permit review and inspections as quickly as possible, this item is coming to the full council on the same day it is being brought before the Operations Committee. EXHIBITS: None RECOMMENDED BY: If passed unanimously by the Operations Committee, this item will remain on the Consent Calendar; if not passed unanimously, it will be moved to Other Business. BUDGET IMPACTS: We currently estimate a budget increase of $450,000 to cover the proposed staffing increases in 2018. The precise budget impact will be refined as MOTION: Authorize the Mayor 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. we have more information on start dates, benefit selections, etc. When this is known, the Finance Department will bring forward a budget supplemental that will cover these costs for 2018. Funding will come from permit revenue generated above what was anticipated in the 2018 budget. Continuation of costs beyond 2018 will be included in the 2019-2020 budget requests. Agenda Item: Other Business – 9A_ TO: City Council DATE: February 6, 2018 SUBJECT: Proposition A - Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax - Resolution SUMMARY: This resolution begins the process to submit to Kent voters, a ballot proposition for the April 24, 2018, special election. “Proposition A,” will authorize the City to raise the existing 6% utility tax on the gross revenues of companies operating in Kent that provide electricity, manufactured and natural gas, telephone, and cable television services by 2% for a total utility tax on these companies of 8%. State law requires that voters must approve any utility tax on most of these companies that exceeds 6%. The purpose for this utility tax increase is to add staffing and provide equipment for police and criminal justice services in Kent in order to fund these critical services in our community. All funds received from the 2% increase in utility tax revenues will be exclusively used to pay for the addition of more than 20 commissioned police officers as well as to fund the impacts of additional police officers on police support services, the City’s municipal court, its municipal jail, its prosecution division, and its public defender office. The funds will be segregated from other funds of the City and accounted for separately. The Mayor’s expected allocation of funds derived from the 2% utility tax is set forth in the attached “2% Utility Tax for Public Safety Forecast.” King County Department of Elections must receive the resolution calling for the ballot measure, the explanatory statement, and the pro and con committee appointments at least 60 days before the special election, which is no later than Friday, February 23, 2018. EXHIBITS: Resolution, Explanatory Statement, 2% Utility Tax for Public Safety Forecast, Proposition A: Police and Criminal Justice Ballot Measure Communications Plan RECOMMENDED BY: Public Safety Committee YEA: Boyce, Thomas, Troutner NAY: BUDGET IMPACTS: The Finance Department estimates approximately $4.8 million in additional revenue MOTION: Adopt Resolution No. ______, 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. This page intentionally left blank. RESOLUTION NO. A RESOLUTION of the City Council of the city of Kent, Washington, providing for the submission to the city’s qualified electors at an election to be held on April 24, 2018, of a proposition authorizing the city to increase the existing utility tax by two percent (2%) for a total utility tax of eight percent (8%) on the total gross income derived from revenues of companies operating in Kent that provide electricity, manufactured and natural gas, telephone, and cable television services in order to provide funds to be used exclusively for additional police officers and associated criminal justice programs impacted by the addition of police officers in the city of Kent. RECITALS A. Kent has experienced dramatic growth in recent years. The city now encompasses approximately thirty-five square miles in area, and its population is the sixth largest in Washington State. With this growth has come pressure on the city’s general fund as it strives to continue to provide all city services to this dramatically increased population and service area. A number of factors have contributed to issues with continued funding of these services, including a property tax limitation of one percent per year which causes a continuing structural revenue shortfall because the one percent cap generally runs one to two percent below the annual inflation rate. Also, due to Washington’s Streamlined Sales Tax legislation, the city, according to the latest study, has incurred an annual loss of expected sales tax revenue of approximately $12.7 million per year. 1 Police and Criminal Justice Resolution B. Of all city services, police and criminal justice services are primary to its citizens. The city has strived to maintain its level of delivery for these services, but staffing levels are challenged as the city grapples with its recent growth. Police officers are working overtime, and more officers are needed to adequately address criminal justice demands. Adding more than 20 commissioned police officers would significantly improve the city’s ability to deliver services critical to public safety. The city needs these officers to maintain a level and quality of service that the public needs and deserves. C. Police officers are a significant part of the city’s public safety network, but adding additional officers will also impact service and staffing levels in police support services, the city’s municipal court, its municipal jail, its prosecution division, and its public defender office. As a result, if this additional funding becomes available, some part of that funding will also be dedicated to these other critical branches of the city’s police and criminal justice network. D. The Kent City Council finds that it is in the public interest and is imperative to public health, safety and welfare to increase the number of Kent police officers and fund services that support the addition of police officers E. As authorized by law, the city currently imposes a six percent (6%) utility tax on the total gross income derived from revenues of companies operating in Kent that provide electricity, manufactured and natural gas, telephone, and cable television services. Under state law, the voters in the city may vote on a proposition to raise the utility tax over that six percent (6%) amount. 2 Police and Criminal Justice Resolution F. In order to maintain and improve its police and criminal justice operations at a service level that the citizens of Kent deserve and expect, the Kent City Council has determined to ask the voters to increase the six percent (6%) utility tax by two percent (2%), resulting in a total utility tax of eight percent (8%) on the total gross income derived from revenues of companies operating in Kent that provide electricity, manufactured and natural gas, telephone, and cable television services. G. All funds derived from the two percent (2%) increase in utility tax will be exclusively used to pay for the addition of police officers, as well as to fund the impacts of additional police officers on police support services, the city’s municipal court, its municipal jail, its prosecution division, and its public defender office. The funds derived from this additional two percent (2%) utility tax will be segregated and dedicated exclusively for public safety purposes and accounted for separately from other city funds. H. These conditions require the holding of an election in the city. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. Findings. The City Council hereby adopts the foregoing Recitals as its findings and determines that it is in the best interests of the residents of Kent to provide additional funds to pay costs of improving its police and criminal justice services. SECTION 2. Increased Tax on Electricity, Manufactured and Natural Gas, Telephone, and Cable Television Companies. The Kent City Council finds and declares that, in order to preserve and protect the public 3 Police and Criminal Justice Resolution health, safety, and welfare, it is in the best interest of the city to submit to the qualified electors of the city for their approval or rejection at the special election to be held on April 24, 2018, a proposition authorizing an increase from six percent (6%) to eight percent (8%) on the total gross income derived from revenues of companies providing electricity, manufactured and natural gas, telephone, and cable television services, to be collected beginning July 1, 2018, or as soon thereafter as allowed by law, and every calendar year after that. The King County Department of Elections, as the ex officio supervisor of elections in King County, Washington, is requested to call and conduct this election in the city and to submit the proposition in the form substantially presented below to the city’s electors on that date. Upon the voters’ approval of this proposition, the city may use the proceeds of the utility tax increase exclusively to hire additional police officers and other criminal justice personnel and equipment and will account for the funds separately from other city funds. SECTION 3. Ballot Proposition. The City Clerk is authorized and directed to certify the following proposition to the King County Records and Elections Division, as ex officio supervisor of elections in King County, Washington, in substantially the following form: CITY OF KENT PROPOSITION A 2% UTILITY TAX INCREASE FOR POLICE AND CRIMINAL JUSTICE SERVICES In order to fund additional police officers and criminal justice services in Kent, Proposition A would authorize the city to levy a 2% utility tax increase, from 6% to 8%, on the total gross revenues of companies providing electricity, manufactured and natural gas, telephone, and cable television services in the city. The additional revenue will establish police officer staffing levels consistent with comparable jurisdictions, 4 Police and Criminal Justice Resolution and fund other criminal justice services impacted by additional officers. Should this proposition be: APPROVED REJECTED SECTION 4. Changes. The Mayor and City Attorney may make minor adjustments to the wording of this proposition as may be recommended by the King County Department of Elections or the Office of the King County Prosecuting Attorney, as long as the intent of the proposition remains clear and consistent with the intent of this ordinance as approved by the City Council. SECTION 5. Notice Relating to Ballot Proposition. For purposes of receiving notice of the exact language of the ballot proposition required by RCW 29A.36.080, the City Council hereby designates the City Clerk. SECTION 6. Request for Local Voter’s Pamphlet. The city requests that the King County Department of Elections include the city’s ballot measure, explanatory statement, pro and con statements and rebuttals, and all other appropriate materials in the local voter’s pamphlet, if one is already planned. If the County does not intend to publish a local voter’s pamphlet for the April 24 special election, the city asks that one be published for this ballot measure. In either event, the city understands and acknowledges that it is responsible to pay the cost of publication and delivery. 5 Police and Criminal Justice Resolution SECTION 7. Effective Date. This resolution will take effect immediately upon passage, as provided by law. PASSED by the City Council of the city of Kent, Washington, at a regular open public meeting held 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 APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 6 Police and Criminal Justice Resolution Explanatory Statement: The city of Kent currently employs fewer police officers per 1000 residents when compared to similarly situated Washington cities. Impacts from continued growth, which include violent crimes and property crimes, as well as quality of life issues, make it necessary to increase the number of police officers patrolling the streets and investigating crime. Due to a legislative change in the manner in which goods are taxed, the city has been unable to adequately fund the additional police officers needed. The city currently imposes a 6% utility tax on private electricity, gas, telephone, and cable television utilities. If approved by the voters, Proposition A will increase that tax on these utilities by 2%, raising the total utility tax on these services to 8%. This 2% utility tax increase will be devoted exclusively to fund additional police and criminal justice services. It will allow the city to add more than 20 police officers to patrol city streets and investigate crimes, and will fund other areas of the criminal justice system, such as the jail, court system, prosecutors, and public defenders, which are impacted by the addition of police officers. The Kent City Council has determined that in order to preserve the health, safety, and welfare of its citizens, it is in the best interest of the city to seek voter approval of this 2% utility tax increase for the sole purpose of maintaining and enhancing police and criminal justice services in Kent. This page intentionally left blank. YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 (2019)(2020)(2021)(2022)(2023)(2024) BEGINNING BALANCE - 2,321,000 3,122,300 2,902,300 2,838,200 2,638,300 Revenues Electric 2,482,700 2,519,900 2,557,700 2,596,100 2,635,000 2,674,500 Gas 662,300 664,600 666,900 669,200 671,500 673,900 Telephone 1,016,900 991,500 966,700 942,500 918,900 895,900 Cable (A)635,700 640,500 645,300 650,100 655,000 659,900 4,797,600 4,816,500 4,836,600 4,857,900 4,880,400 4,904,200 Positions Current FTEs New FTE Requests Total FTEs Police Patrol Officer (B)128 21 149 1,167,100 2,162,100 3,068,600 3,081,100 3,187,600 3,298,300 Police Sergeant (C)18 2 20 180,800 361,300 357,800 369,800 382,200 395,100 Police Commander 7 - 7 Police Assistant Chief 3 - 3 Police Chief 1 - 1 157 23 180 Police Corrections Officer (D)18 2 20 114,100 238,200 245,300 252,600 260,100 268,000 Police Records Specialist (E)2 2 4 104,700 219,100 225,800 232,700 239,900 247,300 Prosecution Attorney 4 1 5 164,700 170,700 175,300 180,000 184,800 189,900 Prosecution Paralegal 2 1 3 116,500 121,600 125,100 128,800 132,700 136,700 Judicial Specialist 9 1 10 109,100 114,000 117,500 121,000 124,700 128,500 Probation Officer 3.75 1 4.75 125,000 130,200 134,000 137,900 141,900 146,100 196 31 227 2,082,000 3,517,200 4,449,400 4,503,900 4,653,900 4,809,900 Vehicles (9 New) (F) Vehicle 189,700 193,500 197,400 O&M and Reserves 65,800 134,200 205,300 209,500 213,600 217,900 Fuel 27,900 56,900 88,800 90,600 92,400 94,300 283,400 384,600 491,500 300,100 306,000 312,200 Public Defense Attorney (1)102,000 104,000 106,100 108,200 110,400 112,600 Conflict Council 9,200 9,400 9,600 9,800 10,000 10,200 111,200 113,400 115,700 118,000 120,400 122,800 Total Expenses 2,476,600 4,015,200 5,056,600 4,922,000 5,080,300 5,244,900 ENDING BALANCE 2,321,000 3,122,300 2,902,300 2,838,200 2,638,300 2,297,600 2% Utility Tax for Public Safety Forecast * Costs for desk/office/facility space improvements/additions are not included in these figures - any ending fund balance could be used for space upgrades * 2% Utility Tax for Public Safety Forecast (A)Cable utility tax is currently restricted to IT operations and capital (B)Start up costs of $20k per new FTE; recurring costs of $5k per FTE Year 1: 8 FTEs, plus start up costs Year 2: 7 additional FTEs (15 FTEs total), plus start up and recurring costs Year 3: 6 additional FTEs (21 FTEs total), plus start up and recurring costs Years 4-5: 21 FTEs, plus recurring costs (C)Start up costs of $20k per new FTE; recurring costs of $5k per FTE Year 1: 1 FTE, plus start up costs Year 2: 1 additional FTE (2 FTEs total), plus start up and recurring costs Years 3-5: 2 FTEs, plus recurring costs (D)Year 1: 1 FTE Year 2: 1 additional FTE (2 FTEs total) Years 3-5: 2 FTEs (E)Year 1: 1 FTE Year 2: 1 additional FTE (2 FTEs total) Years 3-5: 2 FTEs (F)Budget for a Police Tahoe is $62k Average yearly cost for O&M and reserves for a police patrol vehicle is $21,900 Average yearly fuel cost per Tahoe is $9,300 It is currently unknown how many additional vehicles are needed Year 1: Purchase, O&M and reserves, fuel for 3 Tahoes Year 2: Purchase 3 additional Tahoes, O&M and reserves and fuel for 6 Tahoes Year 3: Purchase 3 additional Tahoes, O&M and reserves and fuel for 9 Tahoes Years 4-5: O&M and reserves and fuel for 9 Tahoes Patrol Officers and Sergeant positions were calculated with a yearly 3% CPI All other positions and expenses were calculated with a yearly 2% CPI Proposition A: Police and Criminal Justice Ballot Measure Communications Plan •News Release: Call for Pro and Con Committee applicants (1/18/18) •Creation of web page: initially just for Pro and Con committee applications (1/18/18) •News Release: Kent City Council calls for special election, passes resolution supporting ballot measure (2/6 or 2/20/18) •Update web page to include resolution and other factual information (2/7 or 2/21/18) •Social media posts (link to objective, factual info.), approx. two months (starting 2/7 or 2/21/18) •Preparation of FAQs for website (3/01/18) •Downloadable one-page fact sheet for website and printed version to be available at City Council meeting and at Clerk’s office (2/07/18) •Postcard mailer to all residents and businesses (ballots go out April 4; time it to arrive April 5-6) All content will be objective and factual. Final 1/24/18 den This page intentionally left blank. Agenda Item: Other Business – 9B_ TO: City Council DATE: February 6, 2018 SUBJECT: Proposition A - Council Endorsement of a Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax - Resolution SUMMARY: On February 6, 2018, the City Council passed a resolution sending to City voters Proposition A. Proposition A asks voters to consider approving a measure to increase the utility tax on certain private utilities by 2%, from 6% to 8%. The funds derived from this utility tax increase will be used exclusively to add more than 20 police officers as well as to fund the impacts that adding police will have on other City services, including police support services, the City’s municipal court, its municipal jail, its prosecution division, and its public defender office. The revenue derived from Proposition A will be used exclusively for these critical City services, and thus will make a substantial difference in the City’s ability to preserve and protect the community’s health, safety, and welfare. Accordingly, by this resolution, the City Council strongly endorses Proposition A, and strongly urges Kent’s voters to vote “Yes” on Proposition A. EXHIBITS: Resolution RECOMMENDED BY: Mayor, City Council BUDGET IMPACTS: None MOTION: Adopt Resolution No. ______, 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. This page intentionally left blank. RESOLUTION NO. ___________ A RESOLUTION of the City Council of the City of Kent, Washington, endorsing Proposition A on the April 24, 2018, special election ballot, which authorizes a 2% increase, from 6% to 8%, of the existing utility tax on the total gross income derived from revenues of companies operating in Kent that provide electricity, manufactured and natural gas, telephone, and cable television services, in order to fund additional staff and equipment exclusively for police and criminal justice services in the City of Kent, and urging Kent’s residents to vote “Yes” on that ballot measure. RECITALS A. Kent has experienced dramatic growth in recent years. The city now encompasses approximately thirty-five square miles in area, and its population is the sixth largest in Washington State. With this growth has come pressure on the city’s general fund as it strives to continue to provide all city services to this dramatically increased population and service area. A number of factors have contributed to issues with continued funding of these services, including a property tax limitation of one percent per year which causes a continuing structural revenue shortfall because the one percent cap generally runs one to two percent below the annual inflation rate. Also, due to Washington’s Streamlined Sales Tax legislation, the city, 1 Endorsing Prop. A Resolution according to the latest study, has incurred an annual loss of expected sales tax revenue of approximately $12.7 million per year. B. Of all city services, police and criminal justice services are primary to its citizens. The city has strived to maintain its level of delivery for these services, but staffing levels are challenged as the city grapples with its recent growth. Police officers are working overtime, and more officers are needed to adequately address criminal justice demands. Adding more than 20 commissioned police officers would significantly improve the city’s ability to deliver services critical to public safety. The city needs these officers to maintain a level and quality of service that the public needs and deserves. C. Police officers are a significant part of the city’s public safety network, but adding additional officers will also impact service and staffing levels in police support services, the city’s municipal court, its municipal jail, its prosecution division, and its public defender office. As a result, if this additional funding becomes available, some part of that funding will also be dedicated to these other critical branches of the city’s police and criminal justice network. D. The Kent City Council finds that it is in the public interest and is imperative to public health, safety and welfare to increase the number of Kent police officers and fund services that support the addition of police officers E. As authorized by law, the city currently imposes a six percent (6%) utility tax on the total gross income derived from revenues of companies operating in Kent that provide electricity, manufactured and natural gas, telephone, and cable television services. Under state law, the 2 Endorsing Prop. A Resolution voters in the city may vote on a proposition to raise the utility tax over that six percent (6%) amount. F. In order to maintain and improve its police and criminal justice operations at a service level that the citizens of Kent deserve and expect, the Kent City Council has determined to ask the voters to increase the six percent (6%) utility tax by two percent (2%), resulting in a total utility tax of eight percent (8%) on the total gross income derived from revenues of companies operating in Kent that provide electricity, manufactured and natural gas, telephone, and cable television services. G. All funds derived from the two percent (2%) increase in utility tax will be exclusively used to pay for the addition of police officers, as well as to fund the impacts of additional police officers on police support services, the city’s municipal court, its municipal jail, its prosecution division, and its public defender office. The funds derived from this additional two percent (2%) utility tax will be segregated and dedicated exclusively for public safety purposes and accounted for separately from other city funds. H. On February 6, 2018, the Kent City Council voted to submit Proposition A to the City’s voters for the April 24, 2018 special election. Proposition A asks the voters to consider the approval of a 2% increase in the utility tax for companies that provide electricity, natural and manufactured gas, telephone, and cable television services. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION 3 Endorsing Prop. A Resolution SECTION 1. – The city council strongly endorses Proposition A and urges Kent voters to vote “Yes” on this measure which will provide funds which are segregated from other city funds to be used exclusively for the addition of more than 20 police officers, as well as to fund the impacts the addition of police officers will have on city police support services, the municipal court, the municipal jail, its prosecution division and its public defender office. SECTION 2. – 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 ______ day of , 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY A. KOMOTO, CITY CLERK APPROVED AS TO FORM: ARTHUR “PAT” FITZPATRICK, CITY ATTORNEY 4 Endorsing Prop. A Resolution Agenda Item: Other Business – 9C TO: City Council DATE: February 6, 2018 SUBJECT: Proposition A – Appointment of Pro and Con Committees - Police and Criminal Justice Ballot Measure Calling for an Increase in Utility Tax SUMMARY: On February 6, 2018, the City Council passed a resolution sending to City voters Proposition A. Proposition A asks voters to consider approving a measure to increase the utility tax on certain private utilities by 2%, from 6% to 8%. The funds derived from this utility tax increase will be used exclusively to add more than 20 police officers as well as to fund the impacts that adding police will have on other city services, including police support services, the City’s municipal court, its municipal jail, its prosecution division, and its public defender office. In accordance with RCW 29A.32.280, the City is required to appoint a committee of not more than three voters in favor of the measure to prepare arguments advocating voter approval of the measure. The City is also required to appoint a committee of not more than three voters opposed to the measure to prepare arguments advocating voter rejection of the measure. On January 18, 2018, in anticipation of the Council’s approval of the resolution sending Proposition A to the voters, the City advertised for applicants to serve on the committees for and against the measure. The City received three applications for each committee, and by the motion above, appoints members to serve on each committee. The committees are required to submit statements to King County Elections no later than 4:30 pm on February 27, 2018. Rebuttal statements must be submitted to King County Elections no later than 4:30 pm on March 1, 2018. EXHIBITS: Applications BUDGET IMPACTS: None MOTION: Appoint____________________, _________________________, and _________________________, as the members of the pro committee to prepare arguments advocating voters’ approval of Proposition A and appoint ___________________, ________________________, and _____________________________, as the members of the con committee to prepare arguments advocating voters’ rejection of Proposition A. 1t22t2018 Submitter DB ID IP Address Submission Recorded On Time to Take the Survey Page r Manage Survey Statistics - Text Report ro648 L72.24.96.LLo o1/18/2o18 6:o9 p.m. 3 minutes, 56 secs. Applications due by noon on Tuesday, JanuarSr Bo, 2rr18. The Kent Cþ Council seeks volunteers to write pro and con statements regarding Proposition A, the police and crirninal justice ballot measure, that is likely to appear on the April e4, zorS b¡llot. If approved by voters, the ballot measure would authorize a ¿ percent increase in existing utility taxes on electricity, manufactured and natural gas, telephone, and cable television sen¡ices. Money deúved from the tax would be used exclusively to fund police and criminal justice services. Read the frrll news release for additional information. 1. Name Eric Bernard s. Address Kent 98081 3. Homeor'WorkPhone 4. Mobile Phone Not answered 5. Email 6. Onwhich committee do youwish to serve? Con 7. Do you live within the Kent city limits? Yes 8. Do you work or own a business in the Kent city li'ni¡s? No 9. Are you a registered voter? Yes ro. Signature Thank you! rr. Today's Date r-r8-zor8 Kent City Council Seeks Volunteers to Write Pro and Con Statements forvoter's Pamphlet for Proposition A, Police and Criminal Justice Ballot Measure https://www.kentwa.gov/Admin/Components/Form/Statistics/IextStatisticsDetail/?formld=1321&itemlD=45345&id=10648 1t2 1t22t2018 Submitter DB ID IP Address Submission Recorded On Time to Take the Survey Page r Manage Survey Statistics - Text Report Lo649 172.24.96.LLo ot /l.8/zot9 6:rz p.m. z minutes, 49 secs. Kent City Council Seeks Volunteers to Write Pro and Con Statements for Voter's Pamphlet for Proposition A, Police and Criminal Justice Ballot Measure Applications due by noon on Thesday, January Bo, 2<118. The Kent City Council seeks volunteers to write pro and con statements regarding Proposition A, the police and crirrinal justice ballot measure, that is likely to appear on the April 24, zorS ballot. If approved by voters, tle ballot measure would authorize a e percent increase in existing utility taxes on elecfricity, manufactured and natural gas, telephone, and cable television services. Money derived from the tax wouldbe used exclusivelyto fund police and criminaljustice senrices. Read the ftrll news release for additional information. 1. Nafne Karen Bernard s. Address Kent,98031 3. HomeorWorkPhone 4. Mobile Phone Not answered 5. Email 6. On which committee do you wish to serve? Con 7. Do you live within the Kent city limits? Yes 8. Do you work or own a business in the Kent city lfunits? No 9. Are you a registered voter? Yes ro. Signature Thank you! 11. Today's Date 1-18-2o18 https://www.kentwa.gov/Admin/Components/Form/Statistics/TextStatisticsDetail/?formld=1321&itemlD=45345&id=10649 1t2 1t22t2018 Submitter DB ID IP Address Submission Recorded On Time to Take the Survey Page r Manage Survey Statistics - Text Report 1065o L72.24.96.LLo or/'.8/2oL8 8:o3 p.m. z minutes, 58 secs. Kent City Council Seeks Volunteers to Write Pro and Con Statements for Voter's Pamphlet for PropositionA, Police and Criminal Justice Ballot Measure Applications due bynoon on T\resday, Januar'¡l go, 2tl18. The Kent City Council seeks volunteers to write pro and con statements regarding Proposition Ao the police and criminal justice ballot measure, that is likely to appear on the April e4, zorS ballot. If approved by voters, tl.e ballot measure would authorize a z percent increase in existing utility taxes on electricity, manufactured and natural gas, telephone, and cable television services. Money derived from tl.e tax wouldbe used exclusivelyto fund police and criminal justice services. Read the full news release for additional information. r.. Name Edward Worcester e. Address roSth Pl SE g. Horne or Work Phone 4. Mobile Phone 5. Ernail ó. On which com¡nittee do you wish to serwe? Con 7. Do you live within the Kent city lirnits? Yes 8. Do you work or own a business in the Kent city limits? No 9. Are you a registered voter? Yes ro. Signature Pl SE rr. Today's Date tll^8/18 https://www.kentwa.gov/Admin/Components/Form/Statistics/TextStatisticsDetail/?formld=1321&itemlD=45345&id=10650 1t2 1t22t2018 Submitter DB ID IP Address Submission Recorded On Time to Take the Survey Page r Manage Survey Statistics - Text Report 10653 L72.24.96.rto oL/L9/201812:46 p.m. 7 minutes, 45 secs. Kent City Council Seeks Volunteers to Write Pro and Con Statements for Voter's Pamphlet for Proposition A, Police and Criminal Justice Ballot Measure Applications due by noon on Ttresday, January 3tl, 2tr18. The Kent City Council seeks volunteers to write pro and con statements regarding Proposition.A, the police and criminal justice ballot measure, that is likely to appear on the April e4, zorS ballot. If approved by voters, the ballot measure would autl¡orize a s percent increase in existing utilþ taxes on electricity, manufactured and natural gas, telephone, and cable television sen¡ices. Money derived from the tax would be used exclusively to fund police and criminal justice services. Read the frrll news release for additional information. r.. Name rita ann Schwarting s. Address Kent 98042 3. Homeor'WorkPhone 4. Mobile Phone 5. Email ó. On which committee do you wish to sen¡e? Pro 7. Do you live within the Kent cþ lirnits? Yes 8. Do you work or own a business in the Kent city limits? No 9. Are you a registeredvoter? Yes ro. Signature While this seems to be a space for signature, I'm using it to state that I heþed write the pro statement when we had the ballot measure before and I'm very interested in doing so again u. Today's Date ot/rg/zot9 https://www.kentwa.gov/Admin/Components/Form/Statistics/TextStatisticsDetail/?formld=1321&itemlD=45345&id=10653 1t2 'U22t2018 Submitter DB ID IP Address Submission Recorded On Time to Take the Survey Page r Manage Survey Statistics - Text Report 10658 172.24.96.tüo ot/zt/zor8 12i47 p.m. 4 minutes,43 secs. Applications due by noon on Tuesday, January go, 2tr18. Ihe Kent City Council seeks volunteers to write pro and con statements regarding hoposition A, the police and crirninal justice ballot measure, that is likely to appear on the April 24, zorS ballot. If approved by voters, the ballot measure would authorize a z percent increase in existing utility taxes on electricity, manufactured and natural gas, telephone, and cable television services. Money derived from the tax would be used exclusively to frrnd police and criminal justice services. Read thefi¡ll news release for additional information. 1. Nalne Linda L Sagare e. Address Kent, WA 98o3o g. HomeorWorkPhone 4. Mobile Phone Not answered 5. Email 6. On which com¡nittee do you wish to serve? Pro 7. Do you live within the Kent city lirrits? Yes 8. Do you work or own a business in the Kent cþ limits? No 9. Are you a registered voter? Yes ro. Signature Linda L Sagare rr. Today's Date or/zr/zot9 Kent City Council Seeks Volunteers to Write Pro and Con Statements for Voter's Pamphlet for PropositionA, Police and Criminal Justice Ballot Measure https://wwwkentwa.gov/Admin/Components/Form/Statistics/IextStatisticsDetail/?formld=1321&itemlD=45345&id=10658 1t2 1t30t2018 Submitter DB ID IP Address Submission Recorded On Time to Take the Survey Page r Manage Survey Statistics - Text Report toToo r72.24.96.L'.o or/So/2or81o:1S a.m. l minutes, So secs. Kent City Council Seeks Volunteers to Write Pro and Con Statements for Voter's Pamphlet for PropositionA, Police and Criminal Justice Ballot Measure Applications due by noon on T\resday, January Bo, 2tr18. The Kent City Council seeks volunteers to write pro and con statements regarding Proposition A, the police and criminal justice ballot measure, that is likely to appear on the April e4, eorS ballot. If approved by voters, the ballot measure would authorize a z percent increase in existing utility taxes on elecficity, manufactured and natural gas, telephone, and cable television services. Money derived from the tax would be used exclusively to fund police and criminal justice services. Read the fr¡Il news release for additional inforrnation. t. Name Bailey Stober s. Address Auburn, WAgSoo2 3. HomeorWorkPhone 4. Mobile Phone 5. Email 6. On which comnrittee do you wish to serve? Pro 7. Do you livewithinthe Kent cirylimits? No 8. Do you work or own a business in tl-e Kent city limits? Yes 9. Are you a registeredvoter? Yes ro. Signature Bailey Stober rr. Today's Date t/3o/zotB https://www.kentwa.gov/Admin/Components/Form/Statistics/TextStatisticsDetaill?Ío¡mld=1321&itemlD=45345&id=10700 1t2 This page intentionally left blank. BIDS This page intentionally left blank. EXECUTIVE SESSION A) Potential Litigation, as per RCW 42.30.110(1)(i) ACTION AFTER EXECUTIVE SESSION ADJOURNMENT